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THOUSAND TWELVE (13/02/2012) AT BANGALORE: 1) Sri.R.VIJAY KUMAR, Aged about 23 years, Son of Sri.S.Y.Ramesh, 2) Sri.S.Y.RAMESH, Aged about 42 years, Son of late Sri.Yella Bhovi, 3) Sri.R.KISHORE, Aged about 20 years, Son of Sri.S.Y.Ramesh, 4) Sri.R.MADHUSHREE, Aged about 19 years, Daughter of Sri.S.Y.Ramesh, All are at: No.176, Shanthipura, Huskur Post, Sarjapura Hobli, Anekal Taluk, BANGALORE - 560 099. 5) M/s. BAGADIA PROPERTIES PVT. LTD., A Company incorporated under the Companies Act, 1956, Having its Registered Office at No.49/23, 19th Main Road, Second Block, Rajajinagar, BANGALORE - 560 010. Represented by its CEO: Mr.SRIRAM CHITTURI. Nos.1 to 5 are represented by their Power of Attorney Holder Mr.SRIRAM CHITTURI. Hereinafter called the "SELLERS" (Which expression wherever it so requires shall mean and include all their respective heirs, legal representatives, administrators, executors, successors-ininterest and assigns etc.,) OF THE ONE PART:
:AND: M/s. SHANDERS PROPERTIES PRIVATE LTD., A Company incorporated under the Companies Act, 1956, Having its Registered Office at: No.58 (Old No.1097), 18th ‘B’ Main Road, 5th Block, Rajajinagar, BANGALORE - 560 010. Represented by its Director: Mr.SRIRAM CHITTURI. Hereinafter called the "DEVELOPER/BUILDER/CONFIRMING PARTY" (Which expression wherever it so requires shall mean and successors-in-interest and assigns etc.,) OF THE OTHER PART: :IN FAVOUR OF: 1. Mr. ASHOK G Aged about 28 Years S/o, Sri.Ganapathi Subramanian R. Residing at: New No.92, Old No.55, Sanjay Nagar, Collectorate Post, Erode, Tamil Nadu - 638011 hereinafter called the "PURCHASER" WITNESSETH: WHEREAS the Sellers herein represent that they are the full and absolute title and in actual possession owners by include its
and enjoyment of all that Property measuring 03
Acres 20 Guntas in presently bearing Sy.No.30/1A1A3, Old Sy.No.30/1A1A, (earlier Sy.No.30/P5, previously identified as Sy.No.30), situated in Chikkanagamangala Village, Sarjapura Hobli, Anekal Taluk, duly converted for non-agricultural Hitech / Industrial use vide Official Memorandum bearing No.ALN.(AS)SR.211/2009-2010, dated 23/10/2009 issued by the Special Deputy Commissioner, Bangalore District, Bangalore morefully described in the Schedule ’A’ herein and hereinafter referred to as the Schedule ‘A’ Property for convenience. WHEREAS the Sellers herein further represent that the first Seller 02/05/2008 registered as Document No153/2008-09 in Book-I purchased the and stored in
Schedule ‘A’ Property from Sri.K.Venkataswamy in terms of a Sale Deed dated CD.No.SRJD15 in the Office of the Sub-Registrar, Anekal Taluk and since then the first Seller started enjoying the Schedule ‘A’ Property as absolute owner and Khata of the Schedule ‘A’ Property was transferred in his name and all the revenue records discloses
the name of first Seller
as owner in possession and enjoyment of the Schedule ‘A’
Property and he started paying property taxes regularly. WHEREAS the first Seller entrusted the Schedule “A” Property for development of the same into residential apartment buildings and for sale to the fifth Seller in terms of a Joint Development Agreement dated 09/11/2009, registered as Document No.2189/2009-10 in Book-1 and stored in C.D.No. SRJD29, in the office of the SubRegistrar, Sarjapura, and agreed to share the land and built-up-area in the ratio of 35 % for the first Seller and remaining 65 % for the share of fifth Seller. The first Seller also executed a General Power of Attorney dated 09/11/2009, registered as Document No.88/2009-10 in Book-IV and stored in C.D.No.SRJD29, in the office of the SubRegistrar, Sarjapura, empowering the fifth Seller herein for securing necessary sanctions, license, plans to develop and for sale of the said 65 % share of land and buildings in Schedule ‘A’ Property. WHEREAS the first Seller who was entitled to receive 35 % of the super built-up-area as his share in the development in Schedule ‘A’ Property gifted 3/4 th share in the said 35 % of super-built up area in favour of Sellers 2 to 4 in terms of a Gift deed dated 03/05/2011, registered as Document No.1107/2011-12 in Book-I and stored in C.D No.SRJD70 in the Office of the Sub-Registrar Sarjapura by retaining the remaining 1/4 th share in the said 35 % of the proposed development in Schedule ‘A’ Property and thus each of Sellers 1 to 4 were entitled for 1/4 th share in the 35 % of the Owners area to be developed by Seller No.5. WHEREAS the Fifth Seller has secured all required permissions and sanctions. Pursuant to the aforesaid the Fifth Seller secured License and Plan Sanction from the Commissioner, Bangalore Development Authority vide L.P. No. GH-22, vide No.3747 dt.19.07.2011, No.4202, Dt.29.07.2011 and No.4947 dt.22.08.2011 for construction of a residential apartment building comprising of Stilt and 6 Upper Floors and a Club House and Whereas the Fifth seller shall apply for a modified plan in due course to construct Stilt and 7 Upper Floors in Schedule “A” Property and the Developer identified the entire development as “SHANDERS DWELLINGTON”. WHEREAS the FIFTH SELLER who had earlier entered into a Development Agreement dated 09/11/2009 with first Seller assigned their development rights in favour of M/s.SHANDERS PROPERTIES PRIVATE LTD., Having its Registered Office at: No.58
Rajajinagar.560 010 terms of an Assignment Deed dated 29/11/2011. title and interest in Schedule `A' Property and the aforesaid scheme forms basis of this Agreement. built-up areas falling to their respective shares in residential buildings to be constructed by the Developer on Schedule `A' Property to dispose of their respective in terms of a Sharing Agreement dated 20/01/2012 and agreed that the Sellers and Developer are entitled shares of the built-up areas.1097). registered as Document No. 18th ‘B’ Main Road. registered as in Document No. by virtue of which such Purchaser gets a right to get the corresponding apartment in the said Block in “SHANDERS DWELLINGTON” chosen by the Purchaser exclusively through the Developer or alternatively purchase not only the Apartment but also the proportionate undivided share.CMPD38 in the Office of the SubRegistrar Chamarajpet. right. In the overall scheme each of the owners of the apartments in the said Blocks will be proportionately holding undivided right.D No. Bangalore and thereby M/s. Shanders Properties Private Ltd (hereinafter referred to as ‘Developer’) was entitled to develop the Schedule ‘A’ Property. Bangalore and empowered the Developer herein to sell or otherwise dispose of the Developer’s share in Schedule ‘A’ Property. WHEREAS the Sellers and Developer have mutually agreed and identified the apartments. in Book-IV and stored in C. title.4 (Old No. Simultaneously the Sellers 1 to 5 also executed a General Power of Attorney dated 29/11/2011. in terms of the aforesaid Agreement and Power of Attorney executed are duly authorized and empowered irrevocably by the Sellers the aforesaid development in Schedule `A' Property. car parking areas and other areas in their own names.CMPD38 in the Office of the Sub-Registrar Chamarajpet.D No. WHEREAS the Developer. . 5th Block. interest and ownership in the land in Schedule `A’ Property with right to use and enjoy all the common areas and facilities specifically earmarked therein.218/2011-12. BANGALORE . WHEREAS the Sellers and Developer evolved a scheme of ownership of apartments in “SHANDERS DWELLINGTON” being developed required in to purchase from by in the Residential to undertake Schedule `A' Sellers the into an Property as aforesaid in terms of which any person desirous of owning an apartment in the Blocks stated above is proportionate undivided interest constructed Schedule `A' Property entering Agreement to Sell with the Sellers and Developer.3284/2011-2012 in Book-I and stored in C.
evaluated and satisfied about the building plans. The Purchaser/s upon being satisfied as aforesaid and relying upon his/her/its own judgment and investigation(s) and on advice of competent legal counsel/advocate engaged by Purchaser/s. WHEREAS on the terms stated above. WHEREAS the Purchaser/s herein is/are interested in owning an Apartment and the proportionate undivided share.. the Sellers and Developer have offered to sell Schedule `B' and `C' Properties for a sum of Rs. Based and Developer on the said due-diligence and title verification and satisfaction. right. representations of any nature whatsoever whether written or oral. specifications. the entire Schedule `A' Property will be jointly owned and held by the owners of the apartments in the building built therein each of them having a definite undivided share in the Schedule `A' Property and absolute ownership to the respective apartments purchased by them and limited ownership with right to use in common with others all the common amenities. title and interest in one of the buildings in `SHANDERS DWELLINGTON'.90. access.39. designs. right. built in Schedule `A' Property. passages. the Purchaser/s has/have agreed to purchase the Schedule `B’ and `C’ Properties from the Sellers on the terms and conditions herein contained.000/. lobbies. of ‘SHANDERS DWELLINGTON' as well as the suitability of the apartment for the permitted use and the conditions mentioned herein. concept. advertisements. interest and ownership in the land in Schedule `A’ Property. Upon such sale in the over all scheme. The Purchaser/s has/have understood.5 WHEREAS the Sellers and Developer have prior to this day provided the deeds and documents of title pertaining to Schedule`A’ Property to the Purchaser/s to enable the latter to carryout legal due-diligence about the title of the Sellers and Developer. common garden. etc.(Rupees Thirty Nine .. title. e-mails. staircases. areas and facilities. etc. The Purchaser/s has/have further confirmed that Purchaser/s has/have carefully read the conditions of the Agreement and has/have understood his/her/its obligations and liabilities and limitations as set forth herein and has/have neither relied upon nor been influenced by any marketing brochures. quality of construction. lifts. within the Schedule `A' Property and the apartment building. which is described in `B’ and `C’ herein and offered to purchase the Schedule `B' and `C' Properties in terms of this Agreement and agreed to promptly comply with the terms to be imposed upon the Purchaser/s in the Sale Deed to be executed on a later date on compliance of the terms of this Agreement. title. has/have approached and as per the scheme offered to purchase the Apartment and the proportionate undivided share.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1) SALE PRICE AND PAYMENT OF DEPOSITS ETC. of the areas allocated to the share herein and all other amounts stipulated the Schedule `B' and `C' Properties are part of the Developer and hence consideration payable by the Purchaser/s under this Agreement shall belong to Developer. 1.2A) The Purchaser/s shall in addition to payment of sale price stipulated above.2) The total sale price for sale of Schedule `B' and `C' Properties is shown in the Schedule `G’ herein. The Specifications for the Schedule `C’ Property is at Schedule `F’ herein. The Purchaser/s has/have paid the Developer part payment of sale price detailed in the Schedule `G’ below and the balance sale price shall be paid to the Developer in the manner stated in the Schedule `G’ herein. supervision charges. WHEREAS under the aforesaid Development Agreements and Sharing Agreements. water connection charges.39..: 1. proportionate variation will be made in the sale price. meter deposits 3 MMD Deposits and charges for works executed on DCW basis and all other departmental charges and incidental expenses for providing permanent connections of electricity.6 Lakhs Ninety Thousands Only) free from all encumbrances and the Purchaser/s accepted the said offer and agreed to purchase Schedule `B' and `C' Properties for the said sum of Rs.(Rupees Thirty Nine Lakhs Ninety Thousands Only) free from all encumbrances.1) The Sellers shall sell and Purchaser/s shall purchase Schedule `B' and `C' The consideration Properties for consideration stipulated in Schedule `G’ hereto. sanitary work. 1. Cable. Bangalore Water Supply & Sewerage Board. water and sanitary to Schedule `A' Property and the building therein including for . service charges. deposits payable to Bangalore Electricity Supply Company Ltd. Transformer and Ring Main Unit charges. pay the stamp duty payable on this agreement and on the sale deed to be executed and proportionate cost of providing external infrastructure for electrification.90.000/. Payment in terms of Schedule `G’ herein is essence of this Agreement as any delay would hamper/delay the completion of construction of Schedule `C' Apartment and development of ‘SHANDERS DWELLINGTON' in general. In case of variation in the area of the Schedule `C’ Property. pro-rata charges. includes proportionate cost of development of ‘SHANDERS DWELLINGTON' in the form of common amenities and facilities.
affidavits.3) In the event of delay/default by the Purchaser/s to pay the balance sale consideration and other sums referred to above as per the payment schedule and as stated in Paras-1.2A above.2C) The Purchaser/s further agree/s to pay additional deposits to the Developer. Service Tax and all other applicable taxes either before or after completion of the building. 1. Owners' Association on its formation. payment of other sums and specifications for others. undertakings. papers and documents required to be submitted to the Bangalore Electricity Supply Company Bangalore Water Supply and Bangalore Mahanagara Palike and/or other Authorities. in Any surplus or balance deposit Sewerage Board. the Developer shall be entitled to terminate this Agreement by issuing a notice calling upon the Purchaser/s to pay the arrears of amounts due within Fifteen days from the date of receipt of such notice and if the Purchaser/s fail/s to pay the arrears even after receipt of such notice. 1.2B) The Purchaser/s herein shall sign and execute declarations. 1.2D) The Purchaser/s shall not be entitled to question apartments the cost at which the others and paid towards maintenance of common services will be transferred by Developer to the Developer construct in “SHANDERS DWELLINGTON” for the quantum of deposits and other sums referred to above. The Purchaser/s shall also pay Municipal Taxes. 1.4) In the event of termination as aforesaid. bye-laws. Bruhat case the Developer finds that the deposits paid are exhausted and/or not sufficient to meet the outgoings and expenses referred to above. In addition.2 and 1. levies and other taxes that may be levied or imposed and sought to be demanded and recovered by the Municipal Corporation and/or any other Authority and VAT. the Purchaser/s agree/s to pay service charges.7 Schedule `C' Apartment. the Developer inspite of arbitration sale the clause. 1. this Agreement shall be deemed to have been terminated after forfeiture of 20% of sale price stipulated herein as liquidated damages. incidental expenses to the Developer to obtain the above permissions. The Developer shall be free to determine and agree upon the cost of construction. shall be entitled to recover from the Purchaser/s 20% of the total the amounts paid by the Purchaser/s till the date of termination and refund consideration reserved herein as liquidated damages by adjusting the same against .
6) If however. Whenever there is any change in the residential status of the Purchaser/s subsequent to the signing of this Agreement it shall be the sole responsibility of the Purchaser/s to intimate the . transfer of immovable property etc.5) Upon termination of this Agreement the Purchaser/s shall not have any claims and Developer. and provide the Developer with such obligations permissions. shall be entitled to deal with Schedule `B' and `C' Properties as they may deem fit for 1.. 1. The Purchaser/s agree/s that in the event of any failure on his/her/their part to comply with the applicable guidelines issued by RBI. if any. within Thirty days from the date of resale of Schedule `B' and `C' Properties and any deficit shall be paid by the Purchaser/s. the Purchaser/s alone shall be liable for any action under FEMA.8 balance.7) However the Developer at their discretion may agree to receive the unpaid sums from due date stated in Schedule `G’ herein till with interest at 18% per annum repayment in full and in one lump sum. 1.9) The Purchaser/s. the Purchaser/s pays up the arrears within the time stipulated in the notice of termination. The Developer over the Schedule `B' and `C' Properties and/or Sellers their benefit without reference to Purchaser/s. approvals which would enable the Developer to fulfill its under this Agreement. the right to terminate the Agreement would lapse for such default alone and this Agreement continues to be valid. 1.8) In case the Purchaser/s cancel/s this Agreement to Sell. shall be solely responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Act 1999 (FEMA). sale. The Purchaser/s shall keep the Developer fully indemnified and harmless in this regard. Reserve Bank of India Acts & Rules (RBI) made there under or any other statutory amendments/modifications made thereof and all other applicable laws including that of remittance of payments. 1. acquisition. if a non resident of India. the Sellers and Developer herein are entitled to forfeit from the amounts paid/recover the amounts from the Purchaser/s equivalent to 20% of the sale price stipulated herein as liquidated damages and refund the balance sum due if any under this Agreement within one month from the date of re-sale/transfer of Schedule `B’ and `C’ Properties to third party/ies and such forfeiture/recovery as aforesaid by the Developer will be automatic without further notice on the Purchaser/s cancelling this Agreement as aforesaid.
5/. 2) DELIVERY: 2. Occupancy and other Certificates from the statutory authorities and for reasons constituting force meajure and for reasons beyond control of Developer and the Purchaser/s shall not be entitled to claim any damage/losses against delay. any such third party shall not The Developer shall not be responsible towards any Purchasers and application/allotment of the third party making payments. Steel and other construction materials. any Court and/or any other Public or Competent Authority prohibiting construction activities or for reasons constituting force meajure or for reasons beyond the control of the Developer and in any of the aforesaid events. Clearances. the Developer shall be entitled to extension of time for delivery and possession of the completed Apartment and the monies till then paid by the Purchaser/s under this Agreement shall not be refunded. Feet super built-up area per month of delay of the Schedule `C' Apartment till delivery. 2.per Sq. civil commotion or by any Act of God or if the delay is as a result of any Rule. Municipal Authority. the Developer shall pay the Purchaser/s damages at Rs.1) Possession of the Schedule `C' Apartment will be delivered by the Developer to the Purchaser/s at the time of execution of Sale Deed and after completion of construction on or before June 2015 with Six months grace period from the due date as far as possible however subject to delays for reasons constituting force meajure and for reasons beyond the control of the Developer and/or for reasons stated herein. no responsibility will be accepted by the Developer for delay in obtaining such connections. if they are unable to complete the Schedule non`C' Apartment and deliver possession by the aforesaid by reason of availability of Cement.2) In case of delay in delivery of the Apartment beyond grace period for reasons the Developer on the ground of such other than what is stated above. Though every effort will be made to obtain electrical. remittances on behalf of have any right in this way and Schedule `C’ Apartment in any the Developer shall issue the payment receipts in favour of the Purchaser/s only. Notification of the Government. provided the Purchaser/s has/have paid all the amounts . water and sanitary connections within the stipulated time.9 same in writing to the Developer immediately and comply with necessary formalities if any under the applicable laws. construction of the Buildings in ‘SHANDERS DWELLINGTON' date and/or the The Developer are also not be liable to the Purchaser/s.
the Apartment is ready for use and occupation time being the essence of the Purchaser/s shall pay all the including for electricity. interest. maintenance charges and other hereby authorise/s the Developer to use and appropriate such sums towards expenses necessary and incidental to the management and proper maintenance of the buildings and common facilities in ‘SHANDERS DWELLINGTON'.3) Possession of the Schedule "C" Property will be delivered at the time of sale same is ready for use and occupation to the Purchaser/s by the Developer after the provided all the amounts due and payable by the Purchaser/s under this Agreement to Sell are fully paid to the Developer in-to.10 payable as per this Agreement and within the stipulated period and has not violated any of the terms of this agreement. within Fifteen days from writing to the Purchaser/s intimating that the said Apartment is ready for use and occupation. Gardeners. electricity charges for common areas. Maintenance Charges. Wages for Liftmen. 2. Watchmen. . 2. Plumbers.. time being the essence of the contract in that behalf. proportionate The Purchaser/s shall from the date of receipt of the which the Developer inform towards Municipal the persons appointed Sweepers. Insurance Premium. said deposits shall not carry any by the Developer to manage and look after the Office building (such as Estate Officer. the Purchaser/s shall be entitled for use and occupation of the said Apartment for lawful residential use only and the Purchaser/s against the Developer in respect of any item of work in the Schedule "C" Apartment and/or in ‘SHANDERS DWELLINGTON' and/or in Schedule ‘A’ Property which may be alleged not to have been carried out or completed by the Developer.) outgoings and Purchaser/s The notice from the Developer to take possession of the Apartment pay to the Developer payments and charges Taxes. 2. water and other common services and the outgoings payable in respect of the Apartment. The aforesaid charges are independent of the charges referred to in various other clauses of this agreement. expenses and the Security Guards.5) Upon such possession of the premises in Schedule "C" herein being delivered to will have no claim the Purchaser/s. amounts mentioned in this Agreement the date of receipt of and the overdue notice in interest.4) the Commencing Fifteen days after notice is given by contract in that behalf. the Developer to the taxes and charges Purchaser/s. The Purchaser/s will be qualified to purchase and receive possession of the Apartment in Schedule "C" herein after paying in full all the dues if including various any. etc.
4. The Purchaser/s agree/s not to claim conveyance or possession till compliance of the terms of this agreement. The Sale Deed and its registration process shall be completed through the Developer’ Counsel only and Purchaser/s is/are liable to pay the expenses and professional fees stipulated by the Developer in respect thereto and the Purchaser/s consent/s for the same. if this agreement is registered before the jurisdictional Sub-Registrar.: The Purchaser/s has/have borne the cost of stamp duty payable on this agreement and will also pay the registration fee. STAMP DUTY. Detection of Under Valuation of Stamps and other Authorities shall be borne by the In the event of the Sale Deed being . registration charges.3) The stamp duty.6) The Developer shall not be responsible for any defect in the building noticed after a period of twelve months from the date of handing over possession of Schedule `C' Apartment or earlier.. whichever is The Purchaser/s shall not be entitled to further investigate the The original title deeds of the and/or power of Developer to develop and sell and no requisition or objection shall be raised in any manner relating thereto. to the Schedule `A' entered Property and the Developer' right to develop Schedule `A' Property title of the Sellers has/have from the date of issue of Occupancy Certificate. 4. 4) 4.11 2. FEES ETC. legal expenses as aforesaid and all expenses Registration Fee that may be demanded Purchaser/s. 3) TITLE & TITLE DEEDS: The Purchaser/s is/are provided with copies of all title deeds relating to Schedule `A' Property and after being satisfied as to the title of the Sellers into this Agreement. prevailing at the time of registration of other miscellaneous and incidental for execution and registration of Sale Deed including the Stamp Duty and by The Special Deputy Commissioner for referred to the authorities for sale deed.1) EXECUTION OF SALE DEED.2) The Sellers and Developer agree to execute Sale Deed in terms of the draft the terms and payment of all sums mentioned prepared by the Developer’ Counsel for sale of Schedule `B' and `C’ Properties in favour of the Purchaser/s on compliance of herein and when the Schedule `C’ Apartment is ready for occupation. Schedule `A' Property will be ultimately deposited with the Association to be formed by all the Owners of the Apartments in the Schedule `A' Property. The parties hereto shall co-operate with each other for registration of the Sale Deed in pursuance of this agreement.
whichever is Purchaser/s shall be liable to pay the same from the date of Occupation Days of Letter period for the and/or Developer have no liability building in which Schedule `C' Apartment is a portion thereof. 6) PROPERTY TAXES: The Sellers and Developer shall pay Municipal taxes and other rates and outgoings on the Schedule `B' and `C’ Properties upto date of issue of Occupation Certificate or on expiry of fifteen days from the date of letter intimating that Schedule `C' Apartment is ready for occupation or handing over possession to earlier and Certificate/ Possession Certificate/Expiry of Fifteen the Purchaser/s. None of the apartment owners shall place any obstructions or store or keep any articles in the common areas of the building. The Developer have agreed to assist the Purchaser/s in respect thereto on payment of Service charges. The Purchaser/s agree/s to pay the Developer the service charges and khata transfer fee that are necessary for securing separate assessment for Schedule `C' Apartment and for transfer of Khata to the name of the Purchaser/s. obtained from the Sellers and Developer. water lines. sewerage lines as also other facilities which are used in common by other apartment holders in the building will belong to and vest in the apartment owners jointly to be used by all the owners of such building in common. . Upon completion of the construction. it is the responsibility of the Purchaser/s to attend to the same at his/her/their cost and secure release of the Sale Deed. The Purchaser/s shall be liable to pay the municipal/property taxes accordingly.12 adjudication of stamp duty and/or valuation of the Schedule `B' and/or `C' Properties. The Sellers in respect thereto. All lifts.1) It is agreed that the building/s to be constructed in Schedule `A' Property shall be held by all the apartment owners and each of them having proportionate undivided share and ownership in the land as per the terms and conditions herein and to be contained in the Sale Deed to be passages. 5) KHATA TRANSFER: The Purchaser/s is/are entitled to secure Khata of Schedule `B' and `C' Properties on purchase and assessment at his / her / their cost from the Bruhat Bangalore Mahanagara Palike and Sellers agree to sign necessary consent letters. the Schedule `C' Apartment will be separately assessed to municipal property taxes. 7) NATURE OF RIGHT & USAGE: 7. staircases.
The rights and obligations so detailed in Schedules `D' and `E' hereunder are common to all apartment owners.3) The Purchaser/s agree/s to own and enjoy Schedule `B' Property to be sold to be built in common with other owners or title in Schedule `A' Property obligations and shall on be the and and the Schedule `C' Apartment Purchaser/s of undivided shares to comply and adhere to entitled to all such Rights stated in Schedule `D' herein and the Purchaser/s be liable the restrictions and imposed Purchaser/s as detailed in Schedule `E' herein.13 7. . The Developer however shall be entitled to confer additional benefits and rights to specific Purchaser/s at their discretion. The roof top terrace and private terrace acquired by the Purchaser/s thereof is for exclusive use and enjoyment by such purchaser/s and he/she/they shall not have the right to put up any construction or enclose the private terrace attached to the Apartment or alter the nature of use thereof. possession and ownership of Pent Houses in the Top Floor and other apartments who have specifically acquired the same.2) It is explicitly made clear and agreed between the parties that Purchaser/s shall The right to use the entire Terrace and the right to construct not have any right and interest in the Terrace of any blocks of buildings in “SHANDERS DWELLINGTON”. The private garden areas in the Ground Floor are for the owners of the apartments who have specifically acquired the same. The Developer reserves the right to construct additional floors if permitted by Competent Authority at any point of time. Other than the aforesaid persons no other persons shall have any right therein and shall have no right to question the Developer conferring such rights on the said Owners of Apartments. 7. additional floors and / or right to permit the exclusive usage of the same vests with The right to use the roof top terrace/s and the private terrace/s may be earmarked for use. The Developer shall have the exclusive right to confer the ownership and/or usage of the same to those Purchasers of Pent Houses and/or other apartments. The Developer also reserves to themselves right to utilize the Transfer of Development Rights (TDR) if given to them by Competent Authority / purchased by them from third parties to construct additional floors in the building/s to be constructed in the Schedule ‘A’ Property. The Purchaser/s has/have no objection to the Developer conferring such exclusive rights on the Owners of the aforesaid Apartments and undertakes not to interfere with such peaceful possession and enjoyment of such areas. Developer.
Purchaser/s while carrying on Schedule `C' Apartment shall not cause any nuisance/annoyance to The the interior decoration/modification work within the the occupants of be/is situated.4) Though the Purchaser/s is/are purchasing the undivided share in the Schedule `A' Property. amenities such sewers. water lines.5) Upon handing over Schedule `C' Apartment. the Purchaser/s shall not make any structural alterations to the Schedule `C' Apartment and/or effect any change to the plan or elevation and shall not enclose the balconies attached to the apartment. The Developer is not answerable to any thefts during the course of the interior works. common electrical lines and lighting. 7. the Purchaser's/s rights are actually confined to the land abutting/earmarked for the construction of the Block of the apartment building in which the Schedule `C' Apartment will Purchaser/s allotment. restrictions that may be generally/specifically the imposed/prescribed by the Developer or the agency appointed periodically for maintenance of all common areas and facilities in `SHANDERS DWELLINGTON’. if any.M. to the who specifically apply for the same and who have been allotted such space by the Developer and the Purchaser/s shall not have any right to object to such the other apartments in the building and shall not use the common areas.14 7. 7. pipes in “SHANDERS DWELLINGTON” in common with other owners .. The Developer does not owe any can be taken up only after handing over possession of the apartment to the Purchaser/s time between 9 A. The Purchaser/s shall strictly observe the rules. responsibility for any breakages. regulations. open spaces in the Schedule `A' Property for dumping materials/debris etc.8) The Purchaser/s further covenant/s to use and enjoy all the common areas and as open spaces. 7. Further the Developer reserve right to allot for consideration. 7. drains. damages caused to any of the finishing works or to the structure already handed over to the Purchaser/s but originally carried out by the Developer.6) by All interior related works that the Purchaser/s may take up on his/her/their own the Developer.7) The parking space specifically allotted to Purchaser/s is for exclusive use and enjoyment by Purchaser/s and the Purchaser/s shall not have the right to put up any construction in the parking space or enclose the same or use/convert it for any purpose other than as car parking space. and 6 P. The Purchaser/s shall carry out interior works only during the day on working days. exclusive car parking rights at the Stilt Level Parking.M.
The Purchaser/s shall not place objects/things/articles which hinder free use of any common amenities. 8) CLUB: 8. . The Purchaser/s herein consent for the same and further declare/s that he/she/they will not object or obstruct such use of the apartments by the said persons.15 and other occupants of Schedule `A' Property.10) The Developer and/or persons specifically authorized by them in writing are entitled to utilize one or more blocks of buildings and/or some of the apartments in the buildings to be built in the Schedule ‘A’ Property to run service/transit apartments on daily/weekly/monthly basis or otherwise and the Purchaser/s herein consent/s for the same and has no objection for such usage of the apartments by the Developer and/or persons claiming through or them and/or by the agency appointed by them to run such service / transit apartments.9) The Garden Areas and other greenery (other than the Private Garden Areas) abutting the buildings in Schedule `A' Property viz. framed by the Developer/Association.. 8. (ii) the payment of the subscriptions as may be fixed from time to time by the Developer and/or Association.1) The Developer is providing Club in Schedule `A' Property. subject to (i) strict observance of the rules of the Club.2) The Purchaser/s as long as he/she/they remain occupant of the apartment in `SHANDERS DWELLINGTON'. shall be entitled to use the `Club'. 7. None of the owners of the respective Blocks in Schedule `A' Property shall enclose the Blocks with any compound or fencing. in “SHANDERS DWELLINGTON” are for common use and enjoyment of the owners of the said residential buildings and the same shall be kept free from obstructions and constructions at all times and always be kept as garden areas only. The Developer is also entitled to give consent to selected Purchaser/s of apartment/s to make use of the same to run service/transit apartments on daily/weekly monthly basis. 7. The Purchaser/s shall be eligible to utilise the facilities available in the Club according to the amounts prescribed terms and conditions and payment of the by Developer or by Agency appointed by Developer to run and manage the Club or by the Owners’ Association on its formation. (iii) the payment of charges for usage as may be fixed from time to time by the Developer/Association.
maintaining. with or without workmen at all reasonable times to enter into and upon the Schedule `C' Apartment or any maintaining. drains.. water pipes and electric wires and for similar purposes and also for the paying their share of the water.16 8. the alteration of the name of in Schedule `A' Property and/or alter the names . 11) NOT TO ALTER NAME: The Purchaser/s shall not alter or subscribe to `SHANDERS DWELLINGTON' assigned to the Blocks therein. cleaning and keeping in order and all services. re-building. repairing and testing drainage. The Purchaser/s shall pay to Developer or Association proportionate sums for maintenance of common areas and facilities in "SHANDERS DWELLINGTON". 9. purpose of cutting off the supply of water and electricity and other facilities etc. operational. or other conveniences belonging to or servicing or used for the Schedule `C' Apartment and also for the purpose of laying. The Purchaser/s shall take possession of the Schedule `C' Apartment on payment of all sums even if Club and above facilities are not complete or non- 9) SHARING OF COMMON EXPENSES: 9.1) The Developer may undertake maintenance and upkeep of common areas and facilities in “SHANDERS DWELLINGTON” and Club House till formation of the Association formed by the buyers of the apartments in `SHANDERS DWELLINGTON’. 10) NO RIGHT TO OBSTRUCT DEVELOPMENT: The Purchaser/s shall have no right at any time whatsoever to obstruct or hinder the progress of the construction of the buildings or any part thereof in the Schedule `A' Property.3) It is clarified that non-completion or non-operation of Club or any of the above facilities shall not be deemed as delay in handing over the possession of the Schedule `C' Apartment. part thereof for the purpose of condition repairing.2) The Purchaser/s shall permit the Developer and/or Association if formed. to the Schedule `C' Apartment who have defaulted in electricity and other charges and common expenses. their agents.
4) In the event of any disputes relating to the proposed construction of the cost in proportion to the areas in their occupation and accordingly. fire. the same shall be settled through arbitration amongst all the disputed parties and arbitration shall be final and binding on all the parties. the foundation for such construction shall be of such and should be able to withstand a minimum of Stilt and the number of Floors that existed prior to its destruction or demolition and for such foundation the respective owners should bear the of ownership. other amounts due under terms this Agreement Apartment on execution of Sale Deed against payment of balance sale price and and Construction compliance of all the in both Agreements. any reason of now situated whatsoever nature. However if the area authorities. subject cost of the construction.17 12) RIGHT TO REBUILD: 12. If the sanctioned are is more. irrespective inundation have the of such destruction is due to natural calamities. the additional area shall accrue to the benefit of the Developer.2) If the total area sanctioned by the authorities is equivalent to the present area.1) In the event of destruction of building/s in Schedule `A' Property thereof. 12. or for place of water or natural deterioration due to age right to put or portions rioting. the Purchaser/s will have the right to construct and own only proportionate area. That on sale of Schedule `B' . 12. the Developer proportionately bearing the 12. as such the Purchaser/s shall have the right to put up only the Schedule `C' Apartment as per sanctioned is less. the respective owners of the Blocks in Schedule `A' Property shall up the respective spaces/floors in the the concerned subject to sanction of the required plan from the sanctioned plan. physical.3) Whenever the constructions are so put up after destruction. 13) POSSESSION: The Sellers shall deliver and put the Purchaser/s vacant in constructive possession of possession of Schedule `C' all Agreement and the decision in such Schedule `B' Property and actual. then owned the Purchaser/s by will have the right to construct and own the same area as him/her/them prior to the date of destruction. The Purchaser/s shall bear the cost in the ratio building in Schedule `A' Property and/or the respective floors.
the Purchaser/s shall have no claim of whatsoever nature against Sellers and/or Developer. It is also agreed that in the event the Developer give their consent for assignment of Purchaser's/s' interest in this Agreement. Save where the context otherwise requires. the Assignee/s shall comply with all the terms and conditions which the Purchaser/s their administrative is/are required to comply and Developer shall be entitled to charge of 5% of the value of Schedule `B' Property and Schedule `C' Apartment as charges and transfer fee be for able giving such consent. 14) ASSIGNMENT: The Purchaser/s shall not assign/transfer his/her/their interest under this Agreement without the prior written consent of the Developer.. It is explicitly made clear that the Developer is not obligated to give their consent for any assignment by the Purchaser/s as this contract is exclusive in nature. interpretation of contracts subject to the following:a) b) c) d) Words importing one gender will be construed as importing any other gender. Purchaser/s will not It is also made clear that the to assign his/her/their rights in portions i. all obligations given or undertaken by more than one person in the same capacity are given or undertaken by them jointly or severally. 15) INDULGENCE: Any delay tolerated or indulgence shown by the Sellers and/or Developer in enforcing the terms of this Agreement or any forbearance or giving of time to the Purchaser/s shall not be construed as a waiver on their part as any breach or non-compliance of any of the terms and conditions of this Agreement by the Purchaser/s nor shall the same in any manner prejudice the right of the Sellers 16) RULES OF INTERPRETATION: This Agreement will be interpreted in accordance with the settled canons of and/or Developer. References to persons mean and include natural and artificial persons like bodies corporate and vice versa.18 Property. Words importing the singular include the plural and vice versa.e. . the Purchaser/s will have to either assign all his/her/their rights under this Agreement or otherwise shall not be entitled to assign his/her/their rights at all.
the Sellers and/or Developer shall be entitled to enforce specific performance of this agreement or take action as per this Agreement. Similarly in the event of default by the Purchaser/s. or at the discretion of the parties.2) In the event of breach of the terms of this Agreement to Sell or in the event of any differences or disputes arising between the parties in regard to this Agreement or any matter relating thereto. is not responsible for delivery due address if the party changing the address has not intimated in writing the change entitled to enforce specific performance of this contract. the parties will: a) b) c) Amend that provision in such reasonable manner as to achieve the intention of the parties without illegality. the remaining provisions of this agreement will remain in full force and effect unless the parties decide that the effect of such declaration is to defeat the original intention of the parties. such provision may be severed from this Agreement. the same shall be first referred to a sole Arbitrator to be appointed by the Developer and his award shall be final and binding on the parties . relevant competent authority. illegal or otherwise unenforceable or indications of the same are received by either of the parties from any. SEVERABILITY: 17) In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void.19 e) The division of this Agreement into Clauses and Schedules and insertion of headings in this Agreement are only for ease of reference and convenience and will not impact the construction or interpretation of any provision of this Agreement. voidable. 18) NOTICES: Any notice or correspondence to be sent to any party under this Agreement shall be addressed and sent to their respective addresses mentioned in this Agreement and posting or by non Registered Post (with/without The party sending to change in the such notices and correspondence are deemed to have been served on the parties if addressed and sent by certificate of notice/correspondence in the address. the Purchaser/s is/are Acknowledgement Due) or by Courier or by personal delivery.1) In the event of default by the Sellers and/or Developer. 19) SPECIFIC PERFORMANCE & ARBITRATION: 19. 19.
No.No.30/30/1A1A1. Property in Sy. lobbies. Property in Sy.B-10 on the Same Floor Open to Sky thereafter Flat No. :SCHEDULE "B"PROPERTY: 462 Sq. title. staircases and other areas of common use approximately with the right to use 2-C-01 Open Car Parking Space and the Apartment is bounded by: East : Lobby Open to Sky thereafter Flat No.2-C-01 in Second Floor of "C" Block of the project “SHANDERS DWELLINGTON” to be built in Schedule `A’ Property and apartment measuring 1250 Sq.Ft.211/2009-2010. right. Sarjapura Hobli. The courts at Bangalore alone shall have jurisdiction in all matters relating to this Agreement. Bangalore District.30/P5. The Arbitration shall be conducted in English Language and the place of Arbitration shall be in Bangalore. (earlier Sy. situated in Chikkanagamangala Village.No.No.No. dated 23/10/2009 issued by the Special Deputy Commissioner.No.No. of Undivided share. One set shall be with the Sellers and Developer and the other set shall be with the Purchaser/s. Bangalore and bounded by :East : Property in Sy.29 and Panchayath Road.30/1A1A.29. 20) CUSTODY: This Agreement is prepared in two sets.No. Old Sy. lifts.30/30/1A1A2. and Property in Sy.20 hereto and Arbitration shall be as per the Provisions of the Arbitration & Conciliation Act in force.30).30/1A1A3. :SCHEDULE `C' PROPERTY: All that Residential Apartment bearing No. previously identified as Sy. Feet super built-up area inclusive of proportionate share in common areas such as passages.(AS)SR. Anekal Taluk duly converted for non-agricultural Hitech/Industrial use vide Official Memorandum bearing No. :SCHEDULE ‘A’ PROPERTY: All that Property available within the four boundaries detailed below and measuring 03 Acres 20 Guntas in presently bearing Sy.ALN.C-02 on the Same Floor Set Back Area in “Shanders Dwellington" West : North : South : West : North : South : . interest and ownership in the land in Schedule "A” Property.
Right of entry and passage for the Purchaser/s with/without workmen to other parts of the Building at all reasonable times after notice to enter into and upon other parts of the Building for the purpose of repairs to or maintenance of the Schedule `C' Apartment or for repairing. under or passing through the Building or any part thereof. however. Television. from and to the Schedule `C' Apartment through the pipes. passages and common areas in the Building for ingress and egress and use in common. common areas and parks and open spaces and common facilities in “SHANDERS DWELLINGTON” in accordance with the purpose for which they are provided without endangering or encroaching the lawful rights of other owners/users. Telephone and such other installations. 1) 2) The right to own Schedule `C' Apartment for residential purposes only. 3) 4) 5) 6) 7) 8) 9) 10) . The right to subjacent. Right to use along with other owners / occupants of `SHANDERS DWELLINGTON' all facilities provided therein subject to payment of sums prescribed by Developer or Association. vertical and horizontal support for the Schedule `C' Apartment from the other parts of the Building. drains and water courses. to use the staircases. wires. The right and liberty to the Purchaser/s and all persons entitled. Right to lay cables or wires for Radio. authorised or permitted by the Purchaser/s (in common with all other persons entitled. lateral. in.21 :SCHEDULE "D": :RIGHTS OF THE PURCHASER/S: The Purchaser/s shall have the following rights in respect of the Schedule `A' Property and the Building constructed thereon on purchase of Schedule `B' and `C' Properties. The right to free and uninterrupted passage of water. in any part of the Building. Right to use and enjoy the common roads. cables. Right to make use of all the common roads and passages provided in Schedule `A' Property to reach the building in Schedule `A' Property without causing any obstruction for free movement therein. pipes and wires causing as little disturbance as possible to the other Apartment Owners and making good any damage caused. Right to use along with other owners of Apartments all the common facilities provided therein on payment of such sums as may be prescribed from time to time by the Developer and/or the Agency appointed by the Developer. cleaning. etc. maintaining or removing the sewer. cables. permitted or authorised to a similar right) at all times. sewerage. sewer lines. electricity.. gas. pipes and wires which are or may at any time hereafter be. recognising and reciprocating such rights of the other Apartment Owners. drain and water courses. and for all purposes.
Staircases and driveways in the Stilt Floor. An Association will be formed in respect of the Residential Buildings to be built in Schedule `A' Property including in respect of the Block in which Schedule `C' Apartment is a portion and the Purchaser/s shall become Member/s of the Owners' Association and agrees/agree to observe and perform the terms and conditions and bye-laws and rules and regulations of the Association that may be formed and pay the admission fee and other fees that may be required. roads and pavements. : SCHEDULE "E": : OBLIGATIONS ON THE PURCHASER/S: The Purchaser/s hereby agree/s. Not to make any arrangements for maintenance of the building referred to in Schedule `A' above and for ensuring common amenities for the benefit of all concerned. The obligations herein contained are in addition to the obligations contained elsewhere in this Agreement. Not to default in payment of any taxes or levies to be shared by the other apartment owners of the Schedule `A' Property. Not to use the space left open after construction in Schedule `A' Property for parking any vehicles or to use the same in any manner which might cause hindrance to or obstruct the free movement of vehicles parked in the parking spaces or for users of adjoining properties. Not to decorate the exterior part of the building to be constructed otherwise than in the manner agreed to by at least two third majority of the owners of the apartments. to use and enjoy the common areas and facilities listed hereunder: a) b) c) Entrance lobbies. taxes and 3) . The maintenance of the building shall be done by Developer or by a maintenance company until formation of Owners’ Association and Purchaser/s shall pay all common expenses and other expenses. confirm/s and undertake/s the following obligations towards the Builder and other Apartment Owners. d) e) f) 2) The Purchaser/s shall has/have no objection whatsoever to the Developer managing the entire development by themselves or handing over the common areas and the facilities to a separate maintenance company till formation of the association to be formed and pending formation of the same.22 11) The Purchaser/s shall be entitled in common with the Purchaser/s of the other apartment/s in the building. Lifts/pumps/generators. 1) The Purchaser/s shall be bound by the following obligations: a) b) c) Not to raise any construction in addition to that mentioned in Schedule `C' above. passages and corridors. Not to use or permit the use of the construction in Schedule `A' in a manner which would diminish the value or the utility therein. the Developer shall retain the same and the Purchaser/s has/have given specific consent to this undertaking.
1) 6) 7) 8) 9) . Notwithstanding the leasing.Per Sq. Each of the owners of the apartments in `SHANDERS DWELLINGTON' shall contribute proportionate charges for upkeep and maintenance of the common areas and services in `SHANDERS DWELLINGTON' which may be not less than Rs.2/.23 outgoings in terms of this Agreement. The Purchaser/s in the event of leasing the Schedule `C' Apartment shall keep informed the Developer or Agency maintaining the common areas or Owners’ Association about the tenancy of the Schedule `C' Apartment and giving all the details of the tenants and occupants. maintain the apartment at his/her/their cost in a good and tenantable repair and condition 5) 5. 4) The Purchaser/s and other owners of Apartments in the said building shall pay such sums as are required by the Developer or maintenance company or the Association as the case may be towards maintenance and management of the common areas and facilities in the building and in `SHANDERS DWELLINGTON' (subject to further revision from time to time) for the maintenance and management of the common areas and facilities and any deficit shall be made good by the Purchaser/s in proportion to the area of the Schedule `C' Apartment. The Purchaser/s shall use the apartment as a private residence and the carparking space for parking a light motor vehicle and not for any other purpose. Upon leasing. The Purchaser/s shall from the date of handing over possession. the tenant/lessee shall be entitled to make use of the club facilities as Temporary Members on payment. provide all facilities to the occupants and collect from them. Feet super built-up area of the Schedule `C' Apartment per month. Such Association shall be purely for the purpose of maintenance and management of the building though each individual owner of apartment will be owner thereof and the undivided share in the land. the proportionate share of maintenance cost and out goings. The Purchaser/s shall maintain the front elevation and the side and rear elevations of the apartment. It is hereby clarified and agreed that the expenses relating to common areas and common facilities shall be borne by the actual users of the Apartment. the primary responsibility to adhere to all the rights and obligations of the Purchaser/s contained herein shall be that of the Purchaser/s and it shall be the responsibility of the Purchaser/s to ensure that the tenant/lessee follows all the rules and regulations that may be prescribed for the occupants of the buildings in `SHANDERS DWELLINGTON’. The main purpose and object of such association is to take over accounts/finance of the multistoreyed building and the development in `SHANDERS DWELLINGTON' and properly manage the affairs of the same. The parking space specifically allotted to Purchaser/s is for exclusive use and enjoyment by Purchaser/s and the Purchaser/s shall not have the right to put up any construction in the parking space or enclose the same or use/convert it for any purpose other than as car parking space. in the same form as the Developer constructs and not at any time alter the said elevation in any manner whatsoever. No apartment owner including Purchaser/s can get exempted from liability for contribution towards common expenses by waiver of the use or enjoyment of any common areas and facilities or by abandonment of apartment and/or facilities in `SHANDERS DWELLINGTON’.
do and execute all further acts. Since the Purchaser/s is/are to own the aforesaid undivided interest in the land described in the Schedule `A' hereunder written it is specifically agreed 11) . The Purchaser/s shall not alter the colour scheme of the exterior of the building or of the exterior lobby wall of the said apartment though the Purchaser/s shall be entitled to select and carry out any decoration/painting of the interior of the said apartment. in standardised letters and colouring only at the location/board that may be designated by the Developer in the entrance lobby and at the entrance door of the particular Apartment but at no other place in the building and the number shall not be altered. shelter and protect the parts of the entire building and shall not do any work which jeopardizes the soundness or safety of the building or the property or reduce the value thereof or impair any easement or hereditament and shall not add any structure or excavate any basement or cellar. of any leakage/seepage of water/sewerage and the like through the roof/floor/wall of the said apartment and especially with regard to the external and common walls shared by the Apartment Owners. nor to ask for any discount and/or rebate and/or abatement in the above mentioned consideration. The Purchaser/s shall promptly report to the Developer or Association of Apartment Owners as the case may be. No sign board. hoarding or any other logo or sign shall be put up by the Purchaser/s on the exterior of the building or on the outer wall of the apartment. roof. nor do anything in the Property which may cause any nuisance or obstruction or hindrance to the other owners. walls. The Purchaser/s shall keep the apartment. floor.24 and shall not do or suffer to be done anything in or to the said apartment and/or common passages. from time to time. The Purchaser/s shall not be entitled to object to the same or to cause any obstruction or hindrance thereof. Any further or other construction that may be permitted hereafter over and above the construction already sanctioned as aforesaid such construction may be carried out by and/or at the discretion of the Developer. drains. 10) It is a specific term and condition of this Agreement and of the rights to be created in favour of the prospective Purchaser/s in the building and in the said apartment that: a) The name and/or apartment number of the Purchaser/s shall be put. pipes and appurtenances thereto belonging in good condition so as to support. which may be against the rules and bye-laws of the Bruhat Bangalore Mahanagara Palike or Bangalore Development Authority or any other authority. matters and things as may be reasonably required by the Sellers and/or Developer for duly implementing the terms and intent of this Agreement and for the formation of Owners’ Association. deeds. b) c) d) e) 11) The Purchaser/s shall. The Purchaser/s shall not do any thing that may adversely affect the aesthetic appearance/beauty of the building.
The Purchaser/s is/are aware that the exclusive right of use of car parking space in Stilt Level will be allotted by the Developer to the various Apartment Owners and that the right of use so allotted shall vest solely in the respective Apartment Owner to whom it is allotted. passages and parking spaces and other common areas. inconvenience or disturbance or injury to the occupiers of other apartments and parking spaces in the building and Purchaser/s specifically shall not:a) b) Close the lobbies. stairways.25 that the Purchaser/s shall be entitled in common with the Purchaser/s/Holder/s of the other apartment/s in the building. Common facilities including Club House. to use and enjoy the common areas and facilities listed hereunder: a) b) c) d) 12) Entrance and Common Passages. Default in payment of any taxes or levies to be shared by the other owners of the Schedule "A" Property or common expenses for maintenance of the building. however. clearly understood that such right of use shall not vest in the Purchaser/s any title to the land earmarked as Car Parking Space. sewerage and the like through the roof/floor/wall of the said apartment of the Purchaser/s. Lifts/Pumps/Generators of the Block. The Purchaser/s in “SHANDERS DWELLINGTON” and/or in respective Block shall not at any time cause any annoyance. Make any alterations in the elevation or both faces of external doors and windows of the apartment/parking space which in the opinion of the Developer or the Owners' Association differ from the colour scheme of the building. The Purchaser/s shall keep the apartment. The Purchaser/s shall carry out at his/her/their own cost such repairs and maintenance to water lines. floor. Make any structural alterations and/or any fresh openings inside the apartment. Club House on membership basis and on compliance of byelaws. sewerage lines and the like in the said Apartment in the event of there being any complaint from the Apartment Owners below or above or adjoining of leakage/seepage of water. 13) 14) 15) 16) c) d) . walls. shelter and protect the parts of the entire building. It is. roof. drains. The Purchaser/s shall have no objection to such right of use being allotted. The cost of repairing and maintaining the internal/feeder/access and drive-ways will be borne and paid proportionately by the Purchaser/s of apartments comprised in `SHANDERS DWELLINGTON’. pipes and appurtenances thereto belonging in good condition so as to support. The Developer have provided to the Purchaser/s access from the driveways/internal roads to the building where Schedule `C' Apartment is situated.
Drape clothes in the balconies and other places of building.26 e) Create nuisance or annoyance or damage to other occupants and owners by allowing pounding. enjoyment of n) o) p) q) Trespass into other residential buildings in `SHANDERS DWELLINGTON' or misuse the facilities provided for common use. Use the Schedule `C' Property for training any skill or art or occupation or conduct any teaching classes. Install machinery. lift lobbies and other common areas either for storage or for use by servants at any time. stair cases. swimming pool and other facilities by the Purchaser/s during tenure of membership shall be without causing any disturbance or annoyance to the fellow users and without committing any act of waste or nuisance which will affect the peace and tranquility of the place and shall not default/refuse/avoid paying the subscription and other charges for the use of the facilities therein. Use the common corridors. Schedule "A" Property any lorry or any heavy f) g) h) i) j) k) l) m) Use the apartment or portion thereof for purpose other than for residential purposes and not to use for any illegal or immoral purposes. Create any nuisance or disturbance or miss behave in the matter of enjoying the common facilities provided to all the apartment Owners in the building or `SHANDERS DWELLINGTON'. Refuse to pay such sums as are demanded for use and common facilities in `SHANDERS DWELLINGTON'. Use the Schedule `C' Property as a transit apartment or service apartment and should not be let out/permit to use the same on daily / weekly / fortnightly basis. alterations inside the apartment involving structural changes without prior consent in writing of the Developer. Enter or trespass into the Parking Areas. Throw any rubbish or used articles in Schedule "A" Property than in the Dustbin provided in the property. running machinery and causing similar disturbances and noises. other Undertake any interior decoration work or additions. r) 17) The use of the club. The Purchaser/s shall not park any vehicles in any part of Schedule `A' Property except in the parking area specifically acquired by the Purchaser/s and 18) . dangerous or combustible in nature. store/keep explosives. inflammable/prohibited articles which are hazardous. Bring inside or park in the vehicles. Garden areas and Terrace Areas not earmarked for general common use.
Bruhat Bangalore Mahanagara Palike. Bangalore Development Authority. etc. The Purchaser/s shall maintain at Purchaser's cost the said Apartment and Parking Space in good condition. and to use the same as aforesaid and/or in accordance with the Rules. The Purchaser/s shall strictly follow rules and regulations for garbage disposal as may be prescribed by the Developer or Agency maintaining the common areas and facilities in `SHANDERS DWELLINGTON' or by the Owners’ Association. 19) The Purchaser/s shall not throw garbage/used articles/rubbish in the common areas. Bye-Laws and terms of the Association to be formed by or among the Apartment Owners in the Building. maintaining. through and along the same or any of them and to share with the other Apartment Owners the cost of maintaining and repairing all common amenities such as common accesses staircases. electricity and electrical lines.. and be answerable and responsible for all notices or violations of any of the terms and conditions in this Agreement. generator. parks and open spaces. lifts. The Purchaser/s shall have no right at any time whatsoever to obstruct or hinder the progress of the construction of the multistoreyed and other buildings and other developments or any part thereof in the Schedule `A' Property and/or in Schedule `A' Property. from the date of execution of the Sale Deed. re-building. drains and water lines now in or upon or hereafter to be erected and installed in Schedule `A' Property and in the Apartment Building in common with the other Apartment Owners and to permit free passage of water. drains. The Purchaser/s shall permit the Developer and/or Owners' Association and/or their agents with or without workmen at all reasonable times to enter into and upon the Apartment/Parking Space or any part thereof for the purpose of repairing. nor use the parking space for any other purpose except for parking light motor vehicles and should not construct any barrier enclosing the allotted parking space. The Purchaser/s shall use all sewers. The Purchaser/s shall not use the Apartment / Parking Space / Garden / Terrace or permit the same to be used for any purpose which in the opinion of the Developer and/or Association on its formation to cause nuisance or annoyance to occupiers of the other Apartment/Parking Space/Garden/Terrace in the said building to the Owners or occupiers of the neighboring buildings and/or properties nor use the same for any illegal or immoral purposes. The Purchaser/s shall not keep any cattle/live stock in the Schedule `C' Apartment or in Schedule `A' Property and Purchaser/s shall keep all the pets confined within the Schedule `C' Apartment and shall ensure that the pets do not create any nuisance/disturbance to the other owners/occupants in the building. state and order and shall abide by all the laws and regulations of the Government. roads and open spaces left open in the Schedule `A' Property. City Municipal Council and any other duly constituted authority from time to time in force. Regulations. sanitary. cleaning and keeping in order and condition all services. structures or other conveniences belonging to or servicing or 20) 21) 22) 23) 24) 25) .27 earmarked for the Purchaser and not to enclose the parking areas or put up any construction therein whether temporary or permanent.
2) The Purchaser/s can make use of the common areas and facilities in accordance with the purpose for which it is intended without hindering or encroaching upon the lawful rights of other apartment owners in the Block and/or in `SHANDERS DWELLINGTON’. Salaries and wages payable to the property manager. sanitary and electrical connections in the building and in `SHANDERS DWELLINGTON' including the cost of AMC's for these equipments. corridors. generators and other machineries. Expenses incurred in the maintenance of landscape.28 used for the said apartment and also for the purpose of laying. pump sets. 27) The Purchaser/s shall pay to the Developer or maintenance company or Owners' Association as the case may be the following expenses in proportion to his/her/their share in Schedule "C" Apartment. pumps and generator operators and all other staff appointed. 26) The Purchaser/s shall not object for use of Common Road / Drive way / Passage in the Schedule `A' Property for making use of the same by the Owners / Occupants / Users of the balance portions of the property in Schedule `A' above. electricians. Further the Purchaser/s shall not seek partition of undivided share in the Schedule `A' Property. club house. Electricity consumption charges for running all common services and lighting the common areas. roads. to the Apartment/Parking space or other common areas of the building or to the occupiers of such Apartment/Parking space as the case may be who have defaulted in paying the share of the water. security guards. water pipes and electric wires and for similar purposes and also for the purpose of cutting off the supply of water and electricity etc. repairing and testing drainage. gardeners. b) c) d) e) f) g) . plumbers. developments. lift operators. Such other expenses which are common in nature and not attributable any unit in particular but relates to the development in Schedule `A' Property in general.. a) Expenses for maintenance of lifts. Stilt and all open areas and water consumption charges of buildings and for facilities in `SHANDERS DWELLINGTON’. The common areas and facilities shall remain undivided and no apartment owner including Purchaser/s shall bring any action for partition or division of any part thereof. Stilt and open places. external areas and the compound wall. maintaining. white washing and colour washing of common areas. 26. electricity and other charges.1) 26. Cost of replacement of electrical fittings and bulbs in all common areas. Garden. Expenses for maintenance of the buildings and the land surrounding thereto. pots and other plants in the building.
000/- Rs 39. 39.00.90. 2. Rs 2. Rs. Flooring: Vitrified tiles in Living. Dining. : : : : : : : : 1250 Sft One (1) Rs. Painting: External walls with weather proof paint. Lobby: Elegant lobbies with Granite flooring. Kitchen/Utility: 2 feet dado over a granite counter along with stainless steel sink & drain board. Lifts: 8 passenger lifts.90. Toilets: Branded ceramic sanitary ware with CP fittings & full height dado. Bedrooms and Kitchen. Electrical: Concealed copper wiring with modular switches.000/Rs.29 SCHEDULE – “F” :SPECIFICATIONS: Structure: RCC framed structure confirming to IS: 456 with 6’’blocks for external and with 4” for internal walls.00. Antiskid ceramic tiles in balconies & toilets. : SCHEDULE `G': SALE CONSIDERATION & PAYMENT TERMS SALE CONSIDERATION: Area Number of Car Parking Units Basic Cost Total Basic Cost (Area X Basic Cost) Car Parking cost per unit Club House Membership Proportionate Cost of Electricity/ Water/Sewerage per unit Total Cost All Current & Future applicable taxes extra at actuals. Internal walls and ceilings with plastic emulsion. Joinery: Treated seasoned wooden joinery with flush doors.800/- Rs.000/1.000/1.000/- .90.
30 PAYMENT TERMS: PAYMENT SCHEDULE On Booking On Agreement On Completion of On Completion of On Completion of On Completion of On Completion of On Completion of On Completion of On Completion of On Completion of (15 days from Booking) Foundation Slab-1 Slab-2 Slab-3 Slab-4 Slab-5 Slab-6 Slab-7 Block Work of the Unit 20% 10% 8% 8% 8% 8% 8% 8% 8% 7% 7% 100% Amount (Rs.) 200.200 319. SELLERS 2) For M/s.000 598.990.200 319.300 3.SRIRAM CHITTURI.000 399.200 319.000 319. MONTH AND YEAR FIRST ABOVE WRITTEN: WITNESSES: 1) Sellers 1 to 5 represented by their GPA Holder Mr.200 319. PURCHASERS . (SRIRAM CHITTURI) (DIRECTOR) DEVELOPER.SHANDERS PROPERTIES PRIVATE LTD.200 319.300 279.200 319.200 279.000 On Registration / Possession TOTAL IN WITNESS WHEREOF THE PARTIES ABOVENAMED HAVE SIGNED AND EXECUTED THIS AGREEMENT TO SELL ON THE DAY..