Professional Documents
Culture Documents
THIS AGREEMENT is made and executed at Pune on this ______ day of February Two thousand and
twenty.
BETWEEN
Filtrum Infrastructure Private Limited, a Company duly registered under the Companies Act, 1956
having registered its office at Kirloskar House, 100 Anand Park, Aundh, Pune 411007, CIN No.
U45200PN2011PTC138875, PAN No. AABCF6998G, through the hands of one of its Director Mr. Udaising
Umakant Jadhav, Age: 40 years, Occupation: Business , PAN No. AIMPJ1766G, Residing at: At Post
Chinchner S. Nimb, Satara, Pin-415501. (Hereinafter referred to or called as a “ THE PROMOTERS”, (which
expression shall unless repugnant to the context or meaning thereof shall mean and include its
successors in interest and permitted assigns)
. . . PARTY OF THE FIRST PART
AND
WHEREAS
(A) The Promoters are the owners of and otherwise well and sufficiently entitled to and seized
and possessed of all that piece and parcel of non agricultural land or ground bearing Gat No. 1028 Hissa
No. 1, total admeasuring 6620.52 square meters situate at village Shirwal, Taluka Khandala, District
Satara and within the Gram Panchayat Shirwal, Taluka Panchayat Samiti Khandala, Zilla Parishad Satara
and within the jurisdiction of the Sub Registrar Khandala (hereinafter referred to as the “said land”) and
more particularly described in the First Schedule hereunder written and delineated in red colour
boundary line on the plan annexed hereto.
(B) The Promoters have represented that they have derived their right, title and interest in the
said land in the manner as stated hereunder:-
(a) The said Gat No. 1028 was originally Survey No. 354 Hissa No. 2 of village Khandala prior to the
implementation of the Gatwari Scheme.
(b) Pursuant to the Phalini in the year 1957, the said Survey No. 354/2 admeasuring 1 Acre 37
Gunthas was originally owned and possessed by one Mr. Waman Dattatraya Deshpande prior to the year
1957 and that one Mr. Gopal Mahadeo Petekar was a tenant in the said survey number and is reflected
vide mutation entry no. 394.
(c) The Survey No. 354/2 has been declared as a fragment under the provisions of the Bombay
Prevention of Fragmentation and Consolidation on Holdings Act, 1947 and is reflected vide mutation
entry no. 574.
(d) The said Mr. Gopal Mahadeo Petekar was not in continuous possession of the said Survey No.
354/2 for more than two years and hence his name as a tenant was deleted from the revenue records
and is reflected vide mutation entry no. 1690.
(e) The said Mr. Waman Dattatraya Deshpande expired intestate on 8/7/1974 leaving behind his
legal heirs namely (i) Mr. Eknath Waman Deshpande – son, (ii) Mr. Suresh Waman Deshpande – son, (iii)
Mrs. Lilabai Mahadeo Tanksale – daughter, (iv) Mrs. Indira Shripad Kulkarni – daughter, (v) Mrs. Malati
Ganesh Deshpande – daughter. Pursuant thereto the said daughters had released and relinquished their
rights by giving the necessary statement and writings before the concerned authorities and pursuant
thereto the names of Mr. Eknath Waman Deshpande and Mr. Suresh Waman Deshpande were mutated
in the revenue records and is reflected vide mutation entry no. 3537.
(f) Pursuant to the implementation of the Indian Coinage Act, 1955 and the Maharashtra State
Weights and Measures Enforcement Act, 1958 and made applicable to the entire village Shirwal. The
area of the said Survey No. 354/2 admeasuring 1 Acre 37 Gunthas became 78 Ares assessed at Rs. 2-
94paise.
(g) By a registered Sale Deed dated 24/4/1980, the said Mr. Eknath Waman Deshpande and Mr.
Suresh Waman Deshpande have sold and conveyed the said Survey No. 354/2 unto and in favour of Mr.
Tukaram Maruti Pawar for consideration and on certain terms and conditions. Pursuant thereto the
name of the said purchaser was mutated in the revenue records vide mutation entry no. 4135.
(h) By a Sale Deed dated 11/6/1981 and registered with the office of the Sub Registrar Wai – 2 at
serial no. 253/1981, the said Mr. Tukaram Maruti Pawar has sold and conveyed the said Survey No.
354/2 unto and in favour of Mr. Shaukatbhai Bandubhai Shaikh for consideration and on certain terms
and conditions. Pursuant thereto the name of the said purchaser was mutated in the revenue records
vide mutation entry no. 5027.
(i) Pursuant to the Consolidation Scheme under the provisions of the Bombay Prevention of
Fragmentation and Consolidation of Holdings Act, 1947 and pursuant to the orders passed by the Deputy
Director Town Planning, Pune, the consolidation of all Survey Nos. in village Shirwal was effected on
31/3/1981 and all Survey No were allotted fresh Gat Nos. Pursuant thereto Survey No. 354/2 was
allotted Gat No. 1028 admeasuring 1 Acre 37 Gunthas of village Khandala and is reflected vide mutation
entry no. 1 and is also seen from the Consolidation Scheme Extract.
(j) Pursuant to the Notification dated 5/2/1986, issued by the Government of Maharashtra Revenue
and Forest Department under the provisions section 11 of the Maharashtra Project Affected
Rehabilitation Act, 1976 the entire village Shirwal was declared a benefit zone for Nira Pravai Upsa
Project and all transfer of the land in Shirwal were restricted subject to permission from the concerned
authority. Pursuant thereto the remark thereof was mutated in the revenue records vide mutation entry
no. 214.
(k) The said Mr. Shaukatbhai Bandubhai Shaikh obtained a loan to the tune of Rs. 50,000/- from
Shirwal Vikas Sahakari Society Ltd. and pursuant thereto the charge of the said society was mutated in
the revenue records vide mutation entry no. 1301.
(l) The said Mr. Shaukatbhai Bandubhai Shaikh obtained a loan to the tune of Rs. 5,000/- from Bank
of Maharashtra and pursuant thereto the charge of the said bank was mutated in the revenue records
vide mutation entry no. 4901. The said loan was repaid and pursuant to the letter issued by the said
bank the charge of the said bank was deleted from the revenue records vides mutation entry no. 5816.
(m) After obtaining the necessary permission dated 24/5/2013 from the Tahasildar, Khandala under
the provisions of Maharashtra Project Affected Rehabilitation Act, 1976, by a Sale Deed dated 26/7/2013
and registered with the office of the Sub Registrar Khandala at serial no. 2897/2013, the said Mr.
Shaukatbhai Bandubhai Shaikh has absolutely sold and conveyed the said Gat No. 1028 unto and in
favour Filtrum Infrastructure Pvt. Ltd. for consideration and on certain terms and conditions. Pursuant
thereto the name of the said purchaser was mutated in the revenue records vide mutation entry no.
5851.
(n) The Promoters thereafter prepared a layout and building plans of the proposed buildings to be
constructed on the Gat No.1028 and pursuant thereto the Collectorate, Satara by its Order bearing No.
MH/3/J/Grm/B.S/SR/162/13 dated 7/6/2013 has sanctioned the layout and building plans in respect of
the said Gat No. 1028 and also permitted the non agricultural use thereof. Pursuant thereto the
necessary demarcation of the said Gat No. 1028 was carried out and pursuant thereto the said Gat No.
1028 was subdivided as (i) Gat No. 1028/1 admeasuring 6620.52 square meters as non agricultural land,
(ii) Gat No. 1028/2 admeasuring 238.91 square meters being area under internal roads, (iii) Gat No.
1028/3 admeasuring 203.68 square meters being area under road widening and (iv) Gat No. 1028/4
admeasuring 736.89 square meters being area under open space and the name of the Promoters herein
was mutated in the revenue records of Gat No. 1028 Hissa No. 1 admeasuring 6620.52 square meters
vide mutation entry no. 6590.
(C) In these circumstances, the Promoters herein are the absolute owners of the said land
described in the First Schedule hereunder written and have a right to develop the said land by
constructing building/s thereon.
(D) The Collectorate, Satara vide its order No. MH/3/J/Grm/Su/B.P/SR/01/15 dated 31/5/2016
has sanctioned the revised layout and building plans in respect of the building to be constructed on the
said land.
(E) In these circumstances the Promoters are well and sufficiently entitled to develop the said
land more particularly described in the First Schedule hereunder written and hereinafter referred to as
“the said land”.
(F) The Promoters herein has appointed AJ Architects and Interior Designers Pvt. Ltd and
Structural Designers having address at Asmani Apartment, Flat No. 7, Opp. SND, Karve Road, Erandwane,
Pune 411004 as its Architects and as its Structural Engineer for the preparation of the drawings and
structural design of the building which is under construction on the said land. The Promoters herein have
reserved right to change aforesaid Architects and Engineers before the completion of the building/s.
(G) In light of the aforesaid transactions, the Promoters herein have absolute authority to obtain
revised sanction to the building layout, building plans and to develop the said land by constructing
multistoried buildings thereon and has absolute right to sell, lease, mortgage, etc. the flats, tenements in
the building/s which is/are under construction or to be constructed on the said land and further has
absolute authority and right to allot exclusive right to use car parking’s, terraces, reserved / restricted
areas, garden area, garage/outhouse, space for advertisements on the terrace of the building, etc. in the
buildings, which is/are under construction or to be constructed on the said land by the Promoters and to
enter into agreements with the Purchasers, Mortgagees, lessees, etc. and to receive sell price and
deposit and other charges in respect thereof.
(H) The Purchaser/s herein has/have demanded from the Promoters and the Promoters has
given inspection to the Purchaser/s of all the documents relating to the said land and the plans, designs
and specifications prepared by the aforesaid Architect of the Promoters and such other documents as
are specified under the Real Estate (Regulation and Development) Act, 2016 and rules made thereunder,
(hereafter referred to as “THE SAID ACT”)
(I) The promoters herein have made certain changes in the revised layout plan in the year 2018
and again filed copy of the same for sanction with the office of District Collector Satara District. This
revised draft plan/layout was sanctioned by the Hon’ble Collector vide its order
No.MH/3/J/Gra/Su/Baanp/SR/07/18 dated 30/05/2019.
(J) The promoters have registered the project under the provisions of the Real Estate
(Regulation and Development) Act, 2016 with the Maharashtra Real Estate Regulatory Authority at
Mumbai No. P52700013639; authenticated copy is attached in Annexure - 10.
(K) The promoters herein have annexed following documents to the present agreement.
1. Details of installments of payment of the total consideration.
2. Copy of 7/12 extract of the said land.
3. Copy of the latest NA order dated 30/05/2019.
4. Copy of the sanctioned plan of the said land.
5. Copy of the floor plan.
6. Details of the said premises.
7. Copy of the certificate of the title.
8. The specifications herein are agreed to be provided by the Promoters in the
tenement which is agreed to be purchased by the Purchaser/s herein.
9. General Rules.
10. Copy of the Certificate of Registration under RERA.
11. Copy of Resolution to the Director of company, authorizing him to sign, present and
admit execution of agreements for sale with Purchasers.
(L) After the Purchaser/s’ enquiry, the Promoters herein have requested to the Purchaser/s to
carry out independent search by appointing his/her/their own Advocate and to ask any queries,
he/she/they had regarding the marketable title and rights and authorities of the Promoters herein. The
Purchaser/s has/have satisfied himself/herself/themselves in respect of the marketable title and further
rights and authorities of the Promoters herein therefore, has/have agreed to purchase the residential
tenement which is more particularly described in the Annexure - 6 herein and shown on the plan
annexed hereto as Annexure - 4, (hereinafter referred to or called as “THE SAID PREMISES”).
(M) The Promoters herein have agreed to provide amenities in the said Premises, which are
more particularly described in the Annexure - 8 annexed hereto.
(N) The Purchaser/s herein is/are aware of the fact that the Promoters herein have entered or
will enter into similar or separate agreements with several other person/s and party/ies in respect of the
residential flat/s and/or tenement/s, terraces, parking areas and top terrace etc.
(O) The parties hereto are desirous to reduce in writing all the terms and conditions of this
transaction and hence these presents.
NOW THEREFORE THESE PRESENTS WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS UNDER: -
1. CONSTRUCTION:
As stated hereto before the Collector, Satara has sanctioned the building plans of the building which is
under construction on the said land and which plan/s will have to be renewed or revised from time to
time by the Promoters at its sole discretion. The Promoters herein shall continue and complete the
construction of the building/s on the said land in accordance with the plans, designs and specifications
approved or to be approved by the concerned authority or within building/s construction rules and
regulation of the Local Authority or Concerned Development Controlling Authority. The approved plan
has been seen separately and approved by the Purchaser/s, subject to such alterations and modifications
as the Promoters in its/their sole discretion may think fit and necessary or may be required by the
concerned local authority / Development Controlling Authority / Government, to be made in the same.
The Purchaser/s is/are aware that the perspectives/ Elevation plans shown on the plans (approved by
Collector) and/or in brochures is tentative and is likely to undergo change in course of construction. The
Purchaser/s will have no objections/ complaints whatsoever on that account. The Purchaser/s is/are
aware that the common amenities, facilities agreed to be provided are common for the entire project
“Citrus Park” to be developed on the said land as well as the adjoining lands which are to be taken for
development in future by the Promoters. The Promoters shall be entitled to amalgamate the said land or
any other adjoining lands which may be taken up for development into one plot or otherwise develop
the said property and the acquired lands in any manner at their sole discretion. The
Promoters shall also be entitled to amalgamate any other adjoining lands to the said land to form a part
of the development of the said project. The Promoters shall also be entitled to sell and or otherwise
dispose of units/tenements in buildings to be constructed on property or any other land to form the part
of this project at any time in future. The Purchaser/s has/have understood the said arrangement and do
hereby give his/her irrevocable consent to the same.
The total consideration mentioned above is not for the exclusive terrace and balcony and is only for the
carpet area of flat.
4. PAYMENT IN INSTALLMENTS:
The Purchaser/s herein is well aware that, the building in which the said Premises is situated and which
building is under construction on the part of said land, the construction of which is in progress and
considering the present status of the construction of the same, the Purchaser/s has/have agreed to pay
the aforesaid agreed consideration to the Promoters herein in the manner detailed in Annexure –1
annexed hereto.
The Purchaser/s herein shall pay the aforesaid consideration to the Promoters herein on due date or
within 7 (seven) days from the Purchaser/s receiving the written intimation from the Promoter calling
upon the Purchaser/s to make the payment. Payment in time is the essence of the contract.
The Promoter herein informed to the Purchaser/s herein that, aforesaid payment has to be made by the
Purchaser/s by Cheques/Demand Draft issued/drawn in the name of “Filtrum Infrastructure Private
Limited”.
6. UTILISATION OF FSI/FAR/TDR:
It is hereby declared that, sanctioned plan/s has/have been shown to the Purchaser/s and the floor
space index (FSI) available is shown in the aforesaid plan/s. Similarly, the floor space index, if any, utilized
as floating floor space index or in any manner, i.e. to say, FSI of the said land transfer on other property
or FSI of the other property being TDR transfer on the said land is also shown or on sanction will be
shown in the sanction building plan/s. In this agreement, the word FSI or floor area ratio shall
have the same meaning as understood by the planning authority under its relevant building regulations
or bye-laws.
The Promoters shall have right of pre-emptions or first right to utilize the residual or available FSI or
which may be increased for whatsoever reason in respect of the said land or any other FSI or TDR or
slum FSI or paid FSI or any other Buildable Potential granted by the appropriate authority and allowed to
use the same on the said land by construction or raising any additional floor/s of the building/s which
is/are under construction or to be constructed on the said land. The Purchaser/s herein by executing
these presents has/have given his/her/their irrevocable consent for the aforesaid purposes and separate
consent will not require.
The promoters hereby declare that the Floor Space Index available as on date in respect of the project
land is 8810.35 square meters only. The promoters have disclosed the Floor Space Index of 8810.35
square meters as proposed to be utilized by them on the project land in the said project and the
Purchaser/s has/have agreed to purchase the said flat based on the proposed construction and sale of
flat to be carried out by the Promoters by utilizing the proposed FSI and on the understanding that the
declared proposed FSI shall belong to the promoters only.
The Promoters have given clear understanding to the Purchasers herein that the present project is of 3
(three) building which will be constructed timely.
Provided further that upon the termination of this agreement, after deducting 10% amount of the total
consideration as the earnest money, which the Promoters herein is entitled to forfeit the same, the
Promoters shall refund to the Purchaser/s the installments or price which the Purchaser/s might have till
then paid to the Promoters but without any interest, the aforesaid amount shall be paid by the
Promoters to the Purchaser/s by cheque along with notice in writing by Registered Post A. D.
immediately, prior to resale of the said Premises and on such condition the Promoters shall be entitled
to resale the said Premises and/or dispose off or otherwise alienate the same in any of the manner as
the Promoters herein in his/its/their sole discretion thinks fit. The Purchaser/s herein irrevocably
nominates, constitute and appoint Mr. Shrihari Prabhudesai, Age: 37 years, Occupation: Service,
Residing at: A-203, Crystal Opp. Bharat Gas Godown DSK Vishwa to Nanded City Road, Dhayri, Pune-
411 041.
(The photocopy of the PAN Card of Mr. Shrihari Prabhudesai is annexed hereto for purpose of
identification) who is admitting this instrument on behalf of the Promoters herein, as his/her/their,
constituted attorney to execute and admit the execution of Deed of Cancellation or any other document
as may required to cancel this transaction in law on termination of this agreement as aforesaid and who
is entitled to do the same on refund of amount by cheque/demand draft as aforesaid by post. By
executing these presents the Purchaser/s for himself / herself / themselves and his heirs, executors and
administrators ratify and confirm and agree to ratify and confirm aforesaid act of the Constituted
Attorney by virtue of these present clause. In pursuance of appointment of constituted attorney as
aforesaid by the Purchaser/s, for the aforesaid purpose, the additional stamp of rupees five hundred is
paid herewith by the Purchaser/s for this instrument under the Maharashtra Stamp Act, 1958.
Provided that the Promoters herein shall be entitled to reasonable extension of time for completing the
construction of the said Premises in all respect on the aforesaid date, if the completion of the building in
which the said Premises is to be situated is delayed on account of
(i) The Purchaser/s has/have committed any default in payment of installment as mentioned in
clause No. 4 written herein above.
(ii) Any extra work required to be carried in the said Premises as per the requirement and at the
cost of the Purchaser/s.
(iii) Non-availability of steel, cement, or any other building materials, water or electric supply.
(iv) War, civil commotion or act of God.
(v) Any notice, order, rules or notification of the Government and/or public or competent
authority.
(vi) Nonpayment of any governmental levies such as Goods and service tax by the Purchaser/s.
(vii) Any litigation.
(viii) Any unanticipated difficulty due to change in any Government rules or objections from any
Government authority or other Competent Authority.
(ix) Delay in getting the Completion Certificate from the Statutory Authority because of the
procedural hazards and delays.
It is further agreed between the parties hereto that, after receiving the possession of the said Premises
for fit outs by the Purchaser/s in pursuance of this clause, the Purchaser/s herein shall not be entitled to
raise any objection or to demand any amount under whatsoever ground from the Promoters herein. It is
further agreed between the parties thereto that on receipt of possession of the said Premises for fit outs
by the Purchaser/s in pursuance of these presents, it shall be presumed that Purchaser/s herein
has/have accepted the said Premises as is where is basis and extinguished his/her/their rights as to raise
any objection or complaint under whatsoever head. The Promoters shall obtain the Completion
Certificate from the concerned authorities within 12 (twelve) months from the date of handing over of
the possession for fit outs and confirm the same to the Purchaser/s and thereafter the Purchaser/s shall
commence the use and occupation of the said Premises. The Purchaser is aware that to get completion
certificate is a time taking process and it may happen that it might take more than 12 months, in that
eventually, the Purchaser will co-operate with the Promoter and will not raise any grievance in this
regard.
If the promoters fail to give possession of the flat on account of reasons beyond their control by the
aforesaid date then promoters shall be liable on demand to pay interest at the rate of MCLR+2% per
annum from the date the Promoters received the sum till the date the interest thereon is repaid.
If within a period of one year from the date of obtaining the completion certificate from the concerned
authority or from the date on which the Promoters have given the necessary intimation in writing under
this agreement to the Purchaser/s to take the possession for fit outs, whichever is earlier, the
Purchaser/s brings to the notice of the Promoters any structural defect in the said Premises or the
building/s in which the said Premises is situated or the material used thereon or any unauthorized
change in the construction of the said Premises or area of the said Premises reduces, then wherever
possible such defect/s or unauthorized changes shall be rectified by the Promoters at their own cost and
in case it is not possible to rectify such defects or unauthorized changes, then the Purchaser/s shall be
only entitled to receive from the Promoters reasonable compensation for such defect or change and if
the area is reduced than agreed area of the said Premises than the proportionate consideration will be
refunded to the Purchaser/s by the Promoters. Similarly, if area of the said Premises is increased during
the course of construction for whatsoever reason in that case the Purchaser/s herein shall be bound to
pay proportionate additional consideration for the increased area to the Promoters herein, without
demanding any alteration or sanction from the Local Authority.
Provided further that it is agreed that the described liability period shall be deemed to have commenced
from the date of obtaining the completion certificate or from the date on which the Promoters have
given the necessary intimation in writing under this agreement to the Purchaser/s to take the possession
for fit outs, whichever is earlier.
Provided however, that the Purchaser/s shall not carry out any alterations of the whatsoever nature in
the said Premises or in the fittings therein, in particular it is hereby agreed that the Purchaser/s shall not
make any alterations in any of the fittings, pipes, water supply connections or any erection or alteration
in the bathroom, toilet and kitchen, which may result in seepage of the water. If any of such works are
carried out without the written consent of the Promoters, the defect liability automatically shall become
void.
The word defect here means only the manufacturing defect/s caused on account of willful neglect on the
part of the Promoters and shall not mean defect/s caused by normal wear and tear, negligent use of
Premises by the Occupants, vagaries of nature etc. Defect/s in fittings and fixtures are not included
therein and the responsibility thereto shall always be with the manufacturer of such fittings and fixtures
and the Promoters shall render assistance and cooperation to the Purchaser/s to claim repairs,
guarantee or warranty from the said manufacturer.
b. The Promoters herein have specifically informed to the Purchaser/s and Purchaser/s herein
is/are also well aware that, the Promoters herein is developing the scheme with intention to have the
homogeneity in the scheme as to landscaping, height and elevation of the building, outer colour scheme,
terraces, windows and grills etc. and hence the Purchaser/s or any owner or occupier of the tenement/s
in the building or scheme shall and will not be entitled to disturb the aforesaid homogeneity of the
scheme or to erect any type of permanent or temporary structure on the terraces or to store soil or
heavy things on terraces. The Purchaser/s herein specifically undertakes to abide by the aforesaid
condition and on relying upon this undertaking, the Promoters herein has agreed to allot and sell the
said Premises to the Purchaser/s herein on ownership basis, subject to the terms and condition of this
Agreement.
c. In the project, the Promoters herein are providing advance technology amenities/material/plant
and equipment in common facilities like elevators, electric rooms, septic tanks, etc. and which has to be
operated/used by the persons in the project with due diligence and observe all types of safety and
considering this aspect, it is specifically agreed between the parties hereto that, the Promoters shall not
be responsible after handing over of premises to society or ultimate organization an the ultimate
organization shall set its own norms for use of common amenities in order to avoid any misuse, injuries
and causalities/ calamities occurred and any damages of whatsoever nature caused to any person or
property for that, the Promoter shall and will not be responsible.
The Purchaser/s herein along with other tenement holders shall join in forming and registration of
Society or Association of Apartment etc. which is to be formed by the Promoters herein as aforesaid and
for that, the Purchaser/s herein from time to time sign and execute all the applications for registration
and for membership and for other documents necessary for formation and registration of such Society
or Association and return the same to the Promoters herein within ten days of the same being
forwarded by the Promoters to the Purchaser/s as to enable the Promoters to register the Organization
of the tenement holders in the building/s under Section 10 of the said Act within the time limit
prescribed by Rule 8 of The Maharashtra Ownership Flats (Regulation of Promotions of Construction,
Sale, Management and Transfer) Rules 1964 or any modifications or reenactments thereto.
17. PROMOTERS’S EXCLUSIVE RIGHT TO DEAL WITH THE RESTRICTED AREAS AND FACILITIES:
It is hereby agreed that the Promoters herein have the exclusive right of allotment of exclusive right to
use and occupy different parking spaces, adjoining terraces, top terraces or open spaces or right to
develop garden in adjoining open space/s, space for advertisement on terrace or in the building, to one
or more person/s of their choice. It is hereby agreed that the areas mentioned in the Schedule – II
written hereunder under head Common Facilities only shall be the common facilities and the Promoters
shall be entitled to declare all other areas as restricted or reserved areas and facilities alienate and
dispose of other areas and facilities in such manner as the Promoters thinks fit.
C. After the Promoters obtaining the completion certificate in respect of the said Premises the
Purchaser/s shall also execute such other document such as Supplementary Agreement with Possession,
Possession Receipt, Indemnity Declaration, Undertaking, Supplementary agreement etc., as might be
required by the Promoter.
D. The Purchaser/s is/are hereby prohibited from raising any objection in the matter of sale of
tenements, flats and allotment of exclusive right to use garage, terrace/s, car parking/s, garden space/s,
space/s for advertisement, installation or wireless communication towers or any others space/s whether
constructed or not and called under whatsoever name, etc. on the ground of nuisance, annoyance or
inconvenience for any profession, trade or business etc. that has been or will be permitted by law or by
local authority in the concerned locality. For the aforesaid purpose the Purchaser/s is/are by executing
these presents has/have given his/her/their irrevocable consent and for this reason a separate consent
for the same is not required.
E. Nothing contained in this agreement is intended to be nor shall be construed as a grant, demise
or assignment in law in respect of the said land and building/s/wing/s or any part thereof except the said
Premises. The Purchaser/s shall have no claim save and except in respect of the said Premises hereby
agreed to be sold to him/her/them and all open spaces, parking spaces, lobbies, staircases, terraces,
recreation spaces, Garden space etc. will remain the property of the Promoters until the said land and
building is transferred to the Owners of individual Apartments, as hereinabove mentioned.
F. Any delay tolerated or indulgence shown or omission on the part of the Promoters in enforcing
the terms and conditions of this agreement or any forbearance or giving time to the Purchaser/s by the
Promoters shall not be construed as the waiver on the part of the Promoters of 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 rights of the Promoters.
G. In the event of the any ultimate organization of tenement purchasers being formed and
registered before the sale and disposal of all the tenements in the building, all the power, authorities and
rights of the Purchaser/s herein shall be always subject to the Promoter’s over all right to dispose of
unsold tenements and allotment of exclusive rights to use un-allotted parking space/s, terrace/s, space/s
for garden purpose, space/s for advertisement, installation of wireless communication towers etc. and all
other rights thereto. The Purchaser/s or any other tenement holder in the building or ad-hoc committee
or Association of Apartment or Society as the case may be shall have no right to demand any amount
from the Promoters herein in respect of the unsold flats/tenements towards the maintenance charges or
proportionate share in the common expenses etc. or any amount under head of donation or transfer
charges etc.
I. The Promoters herein have not undertaken any responsibility nor have they agreed anything
with the Purchaser/s orally or otherwise and there is no implied agreement or covenant on the part of
the Promoters, other than the terms and conditions expressly provided under this agreement.
J. If any marginal open space adjacent to the building, at ground floor or adjacent terrace or
terrace above any tenement, has/have allotted by the Promoters to the Purchaser of any tenement in
the building, such respective buyer and Occupier of the such tenement shall use the same being open
space or terrace etc. and not entitled to erect any type of permanent or temporary structure thereon or
to store soil or solid things on any part of the terrace, to use any part of the terrace or parapet wall as
the part of the flower bed and if any such buyer or Occupier of tenement holders in the building commit
breach of this condition, the Promoters herein shall be entitled to remove such structure/s of any kind at
the cost and risk of such respective tenement buyers or occupiers and recover the cost of removal from
such buyer or occupiers. In light of this condition, the Purchaser/s herein undertakes to abide aforesaid
condition and undertakes not to erect any type of structure in any premises being allotted as an
exclusive right to use the terrace, open space, parking space etc. along with the said Premises, if any.
K. The possession of the tenements in the project will be delivered to the respective buyers of the
tenements after completion of the construction in all respect of such tenement and further completion
of common facilities of the building in which such tenement is situated and the Cooperative Housing
Society or Ultimate Organization of tenement purchasers as stated in clause 16 hereinabove written will
be formed in due course and handed over the maintenance of the land with building/s in the said land
and due to that during the period of delivery of possession of the tenements to the buyers of the
tenements and handing over the maintenance to such aforesaid ultimate organization, the maintenance
of land and building/s with common amenities in the project has to be looked after by the Promoters
and accordingly the Promoters herein have agreed to look after the same being part of this transaction,
provided that each buyer of the tenement shall pay a certain amount and out of such amount along with
the interest thereof if any, the Promoters have agreed to spend for the required expenses for
maintenance. For the aforesaid purpose at the time of delivery of possession of the said Premises for fit
outs, the Purchaser/s herein has/have agreed to pay Rs. 24,000/- to the Promoters or management
company by Cheque or Demand Draft towards maintenance charges for a period of 24 months from the
date of intimation to take possession for fitouts. In case if the maintenance is not handed over or taken
over by the ultimate organization on the expiry of the said 24 months period as stated hereinbefore,
then in such an event, the Purchaser/s undertake to pay such monthly maintenance charges as may be
decided by the Promoters or management company. No accounts thereto shall be furnished by the
Promoters or the management company under any circumstances.
21. COVENANTS AS TO THE USE AND MAINTENANCE OF THE SAID PREMISES ETC.:
The Purchaser/s himself/herself/themselves with intention to bring all persons into whosoever hands
the said Premises may come, doth hereby covenant with the Promoters as follows for the said Premises
and also for the building in which the said Premises is situated.
A. To maintain the said Premises at the Purchaser/s own cost in good tenantable repair and
condition from the date of possession of the said Premises is taken and shall not do or cause to be done
anything in or to the said Premises or the building/wing in which the said Premises is situated, staircase
or any passage which may be against the rules, regulations or bye laws of the concerned local or any
other authority or change/alter or make addition in or to the said Premises and/or to the building in
which the said Premises is situated and in or to the said Premises itself or any part thereof.
B. Not to store in/outside the said Premises or surrounded area of the building, any goods which
are of hazardous, combustible or dangerous nature or are too heavy as to damage the construction or
structure of the building/wing or storing of such goods is objected to by the concerned local authority
any other authority or under any law and shall not carry out or caused to carried out heavy packages up
to upper floors, which may damage or likely to damage staircase, common passages, lift/elevator or any
other structure of the building/wing including entrances of the building/wing and in case of any damage
is caused to the building in which the said Premises is situated on account of the negligence or default of
the Purchaser/s in this behalf, the Purchaser/s shall be liable for all the consequences of the breach.
C. To carry at his/her/their own cost all internal repairs to the said Premises and maintain the said
Premises in the same conditions, state and order in which it was delivered by the Promoters. Provided
that for the defect liability period such repairs shall be carried out by the Purchaser/s with the written
consent and under the supervision of the Promoters and shall not do or cause to be done anything
contrary to the rules, regulations and bye-laws of the concerned local authority or other public authority.
But in the event of the Purchaser/s committing any act in contravention of the above provisions, the
Purchaser/s shall be responsible and liable for the consequences thereof to the concerned authority
and/or other public authority.
D. Not to demolish or cause to be demolished at any time or cause to make any addition and/or
alteration of whatsoever nature in or to the said Premises or any part thereof and not to make any
addition or alteration in the elevation and outside colour scheme of the building and shall keep the
sewers, drains, pipes and appurtenances thereto in good tenantable repair and condition, and in
particular, so as to support shelter and protect other parts of the building and shall not chisel or in any
other manner cause damage to columns, beams, walls, slabs or RCC pardis or other structural members
in the said Premises without the prior written permission of the Promoters and/or the society or an
Association of Apartment Owner.
E. Not to do or cause to be done any act or thing which may render void or voidable any insurance
of the said land and the building/s/wing/s or any part thereof or whereby any increase in premium shall
become payable in respect of the insurance.
F. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from
the said Premises in the compound or any portion of the said land and the building. To abide by the
General rules as set out in Annexure 9 annexed hereto.
G. To bear and pay the local taxes, water charges, insurance and such other levies, if any from the
date of date of intimation of taking possession for fit outs or completion certificate in respect of the said
Premises whichever is earlier and also any additional increased taxes, insurances etc. which are imposed
by the concerned local authority and/or the Government and/or other public authority on account of
change of user of the said Premises by the Purchaser/s viz. user for any purposes other than for
residential purposes as shown in the sanctioned plan.
H. The Purchaser/s shall not let, sub-let, transfer assign or part with Purchaser/s interest or benefit
factor of/under this agreement or part with the possession of the said Premises until all the dues
payable by the Purchaser/s to the Promoters under the agreement are fully paid up and only if the
Purchaser/s has not been guilty of breach of or non-observance of any of the terms and conditions of
this agreement and until the Purchaser/s has intimated in writing to the Promoters and obtained written
consent thereof.
I. The Purchaser/s shall observe and perform all the rules and regulations which the Association of
the Apartment Owner or Co-operative Society may adopted at its inception and the additions,
alterations, and/or amendments thereof that may be made from time to time for protection and
maintenance of the said land and building which are to be constructed thereon and tenements therein
and for observance and performance of the building rules, regulations and bye-laws for the time being of
the concerned local authority and the government and other public bodies. The Purchaser/s shall
observe and perform all the stipulations and conditions laid down by Bye-laws of the Apartment or the
Deed of Declaration, or Bye Laws of Society, the Owners of the tenements regarding the occupation and
use of the Premises in the building and shall pay and contribute regularly and punctually towards the
taxes, expenses or other outgoings in accordance with the terms and conditions of this agreement.
J. Till the conveyance of the building in which the said Premises is situated is executed, the
Purchaser/s shall permit the Promoters and their surveyors and agents with or without workmen and
others at all reasonable times to enter into and upon the said Premises and the said land and building or
any part thereof to view and examine the state and conditions thereof.
24. REGISTRATION:
The Purchaser/s shall present this Agreement as well as any other deeds, documents etc. which are to be
executed by the parties hereto in pursuance of this presents, at the proper registration office for
registration within the time limit prescribed under the registration act and Promoters after receiving
written intimation with copy of the Registration receipt will attend such office and admit execution
thereof.
All that piece and parcel of non agricultural land or ground bearing Gat No. 1028 Hissa No. 1, total
admeasuring 6620.52 square meter situate at village Shirwal, Taluka Khandala, District Satara and within
the Gram Panchayat Shirwal, Taluka Panchayat Samiti Khandala, Zilla Parishad Satara and within the
jurisdiction of the Sub Registrar Khandala and is bounded as follows:-
On or towards the East : Citrus Park Set Back
On or towards the West : Lift / Passage
On or towards the North : Flat No.103
On or towards the South : Citrus Park Set Back
SCHEDULE - II
(Details of the Common Facilities and Restricted Areas and Facilities)
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands and seals on the day, month and the year first herein above written.
Balance Amount of Rs.83,250/- (Eighty Three Thousand Two Hundred Fifty Only) against and at the
time of handing over possession of the flat to the Purchaser or after receipt of completion
certificate.
Annexure “6”
Details of the said premises
DECLARATION
The Purchaser/s declare/s that he/she/they has/have read the agreement/got translated the same and
fully understood the contents of the agreement and there after same have been executed by all the
parties and Purchaser/s has/have received the stamped copy of this Agreement.
(PROMOTERS) PURCHASER/S)
Filtrum Infrastructure Pvt. Ltd. 1. Mr. Suraj Narayan Jadhav 2. Mrs. Saddhana Narayan Jadhav
Annexure “7”
Copy of the certificate of the title
Annexure “8”
The specifications herein are agreed to be provided by the Promoters in the
tenement which is agreed to be purchased by the Purchaser/s herein
Note: -
1. The aforesaid specifications are general and will be provided in the residential tenements as
suitable in tenement as per the discretion of the Promoters.
2. Any additional specification or work will be charged extra. No rebate will be given for
cancellation or omission of any item.
Annexure “9”
General Rules
Vehicle Access
No taxis, rickshaws or similar vehicles will be allowed in the building. School bus and similar
vehicles not allowed inside the building exception to this is medical emergency vehicles which
must be allowed without delays.
No pick up and drop off vehicles like call center vehicles allowed in building.
ID tags for maids, vendors and regular staff are compulsory which they must wear while on
premises. They must make an entry and exit at security desk.
Residents must cooperate with security agency’s requests for identifying themselves.
Waste Management:
Garbage collection timings are restricted from 7.00AM to 10.00 AM due to hygiene reasons.
Please remember it is now mandatory to segregate Wet and Dry garbage.
Encourage all residents to segregate recyclable items like paper, aluminum and metal cans, glass
bottles/jars etc.
Internal Modifications:
Internal changes are best carried out while your tenement is under construction. You will be given
sufficient time to request such changes. If you ever decide to do any changes in your tenement after it
has been handed over to you it is very important that you use well qualified and skilled agency to do
such modifications. A poorly executed job may lead to more problems for you, your neighbors and
complex.
Annexure “10”
( मम. ममुख्य ननिययंत्रक महसमुलमी पमनधिकमरमी तथम निनोंदणमी महमननिरमीक्षक, महमरमषष रमजमी पमुणण, यमयंच्यम वमनरर्षिक बमजमरममूल्य दरतकण सनि 2015 मधिमील
ममरर्षिदरर्षिक समूचनिम कयं. 15 अन्वयण )
ममी / आम्हमी मण. नफिल्टटृ म इन्फमस्टष क्चर पमयव्हणट नलनमटणड अरमी हममी दणततो ककी , यम सयंलणखममध्यण वमहनि तळमचम उलणख निसमूनि सदननिकम / कमयमर्षिलय /
दमुकमनिण / औदतोनरक यमसमठमी अच्छमनदत ( Covered Parking) अथवम खमुलण वमहनि तळ (Parking) सयंबयंनधित नलहहनि घणणमर यमयंनिम
कतोणत्यमहमी पकमरण ममलककी हकमनिण कमयमस्वरूपमी अथवम Allotment Letter निण पमनकर र क्षणत्र वमपरण्यमस दणण्यमत आलणलण निमहमी.
अच्छमनदत ( Covered Parking) अथवम खमुलण वमहनि तळ (Parking) ममलककी हकमनिण कमयमस्वरूपमी अथवम Allotment
Letter निण पमनकर र क्षणत्र वमपरण्यमस दणण्यमत आलणलण आढळमू नि आलयमस ममझण / आमचण नवरुद्ध हतोणमर्यम कमयदणरमीर कमयर्षिवमहमीस ममी / आम्हमी बमयंधिमील
रमहमील अरमी हममी दणत आहण.
नदनिमयंक :