AGREEMENT

This Agreement is made and executed at Pune on …. day of

March 2022.
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BETWEEN

M/s. S.V.S. Properties.PAN No. ABUFS7734E

A Partnership firm having its office at 1, ‘Shivalaya’ Plot No. 4,
Green Park Society, S. No. 257/3/2 Aundh, Baner, Pune – 411
007

Through its Partners

1) Shri. Shivajirao Vitthalrao Saste. (PAN NO. AHLPS5247F)

Age - 73 years, Occupation- Business,
R/at- Flat No. 101, Shivalaya Building,
S. No. 257/3/2, 4 GreenPark,
Aundh-Baner, Pune.

2) Shri. Pralhad Dagaduji Jadhav. (PAN NO.AASPJ7077Q)

Age - 58 years, Occupation- Business,
R/at- Flat No. 12, Surya Society, Sahakarnagar
No. 2, Pune – 411 009
For himself & as a Power of Attorney Holder
For No.1 above

Hereinafter referred to as “PROMOTERS” (which expression shall

unless it be repugnant to the context or meaning thereof shall
mean and include all the partner or partners for the time being of
the said firm, the surviver or survivers of them and the heirs,
executors, administrators of last surviving partners or his
assignees etc.)
……. PARTY OF THE FIRST PART

AND

1. ROOPAL GHAREWAL
(PAN No.AMDPG7399H)
Age:-34 years, Occupation:- Service.

Address:-
101 Shubhankar Apartment, S.No.45, Near Popular Nagar
Colony, Opposite Sidharth Hospital, Warje, Malwadi- 411058.

Hereinafter referred to as “PURCHASER” (which expression shall

unless it be repugnant to the context or meaning thereof shall
mean and include all this heirs, executors, administrators,
assignees etc.)……. PARTY OF THE SECOND PART

AND
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1) Shri. Anant Mahadeo Marne

Age - 62 years, Occupation – Service,

2) Shri. Prakash Mahadeo Marne

Age - 60years, Occupation – Business,

3) Smt. Pramila Mahadeo Marne

Age - 70 years, Occupation – Housewife,

Through their power of attorney

A) Shri. Shivajirao V. Saste

Age - 73 years, Occupation – Business,

B) Shri. Pralhad D. Jadhav

Age - 58 years, Occupation – Business,
All residing at-

Hereinafter referred to as “OWNERS” (which expression shall

unless it be repugnant to the context or meaning thereof shall
mean and include all the heirs, executors, administrators, etc.)
……. PARTY OF THE THIRD PART

Whereas all that piece and parcel of land bearing survey no.
77/1 admeasuring area 1 H. 25 R situated at Warje, Taluka –
Haveli, District- Pune was originally owned and possessed by Shri.
Mahadeo Gangaram Choudhari and others, who sold the same
unto the Mr. Mahadeo Namdeo Marne by registered Sale Deed dt.
20/2/1975 which, was registered in the office of Sub-Registrar
Haveli No.II at Sr. No. 424/75.
Accordingly the name of Shri. Mahadeo Marne was entered
into record of rights by mutation entry No. 1976 and the property
was numbered as No. 77, Hissa No. 1,

AND WHEREAS said Mr. Mahadeo Namdeo Marne was

expired on 29/10/1994 and after his death, the names of his legal
heirs, two sons & wife namely 1) Shri. Anant Mahadeo Marne 2)
Shri.Prakash Mahadeo Marne and 3) Smt. Pramila Marne were
entered into record & rights as a owners by the mutation entry no.
7337.

AND WHEREAS said Shri. Anant Marne, Shri. Prakash

Marne and Smt. Pramila Marne sold the land admeasuring area
about 00 H. 62.5 R out of total area 1 H. 25 R to Mrs. Bhamabai
Raskar by registered Sale Deed dt.11/12/1997, document no.
1074/97.

AND WHEREAS at presently the land S. No. 77/1,

admeasuring area 00 H. 62.5 R at village Warje, Tal- Haveli is in
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the name of Shri. Anant Marne, Shri. Prakash Marne & Smt.
Pramila Marne as a owner thereof.

AND WHEREAS the owners herein are absolutely seized and

possessed of and otherwise well and sufficiently entitled to all that
piece and parcel of land bearing S. No. 77/1, admeasuring about
62.5 R lying and situate at village Warje, Taluka – Haveli, District –
Pune.

AND WHEREAS the aforesaid owners intended to develop

the said property by constructing building there on ownership
basis and for this purpose they are entered into registered
Development Agreement dt. 31/3/2008 and Power of attorney
dt.31/3/2008, with M/s.Dev Land and Housing Ltd. A Company
registered under companies act 1956 “Developer” through its
director Mr. Vijay T. Thakkar which was registered in the office of
Sub-Registrar Haveli No. I at Serial No. 2929/2008 & 2930/2008
respectively.

AND WHEREAS the said developer was shown his unwilling

to develop the said property for his personal reason and the above
said owners and the said Developers have mutually agreed and
decided to revoke cancel & terminate the said Development
Agreement and Power of Attorney dt. 31/3/2008 and hence they
execute the Deed of cancellation, by canceling the said
Development Agreement dt. 31/3/2008 document No. 2929/2008
and Power of Attorney dt. 31/3/2008 document No. 2930/2008 by
Deed of Cancellation dt. 16/6/2010, which is registered in the
Sub-Registrar Haveli No. 15 at Sr. No. 4434/2010.

AND WHEREAS then after the aforesaid owners of the said

property, for the purpose of development of the said property,
approach and entered into with and entrusted Development rights
of the said property to the promoters M/s. S.V.S. Properties, a
Partnership firm, promoters, Builders and Developers having its
office at 1, ‘Shivalaya’ Plot No. 4, Green Park Society, S. No.
257/3/2 Aundh, Baner, Pune – 411 007 through its Partner 1)
Shri. Shivajirao V. Saste and 2) Shri. Pralhad D. Jadhav, by
registered Development Agreement dt. 16/6/2010 and Power of
Attorney dt. 16/6/2010 which was registered in the office of Sub-
Registrar Haveli No. 15 at S. No. 4435/2010 & 4436/10
respectively and the promoters is entitled to construct buildings in
accordance with the terms and conditions contained in the said
Developers Agreement.

AND WHEREAS the owners have obtained an order dt.

4/9/2006 from the Addl. Collector and Competent Authority,
Urban Agglomeration, Pune under section 8 (1) of the Urban Land
(Ceiling & Regulation) Act 1976, wherein it has been declared that
there is no surplus area and that the provisions of the said act are
not applicable to the said land.
 5

AND WHEREAS the Owners of the said property, applied to

use Collector of Pune, for permission of non-agriculture use of said
land and they obtained N.A. Order from the Collector Pune vide
Order No. PMH/NA/SR/706/07 dt. 2/2/2011.

AND WHEREAS then after the promoters herein accordingly

prepared a building plan and submitted to same to Pune Municipal
Corporation for sanction and they got the building plan Sanctioned
vide commencement certificate bearing no. CC/1537/12/89 dt.
27/07/2012.

AND WHEREAS then after the promoters have obtained

completion certificate from Pune Municipal corporation vide
Completion Certificate No OCC/0369/14 dated 23/06/2014.

AND WHEREAS the promoter has proposed to construct on

the said land new multi-storied building of ground floor and more
upper floors. Hereinafter referred to as “Said Building”.

AND WHEREAS the promoters has entered into a standard

agreement with an architect registered with the Council of
Architects and such agreement prescribed by the Council of
Architects, whereas the promoters has appointed a Structural
Engineer for the preparation of the structural design and design
and drawings of the building and the promoters accepts the
professional supervision of the Architect and the Structural
Engineer till the completion of the building/buildings.

AND WHEREAS by virtue of the Development agreements,

the promoters alone have the sole and exclusive rights to sell the
flats/shops/office/godowns/parking spaces, etc. in the said
buildings to be constructed by the promoters on the said land and
to enter into agreements with the PURCHASERS of the
flats/shops/offices/godowns/parking space, etc and to receive the
sale price in respect thereof.

AND WHEREAS the PURCHASERS demanded from the

promoters and the promoters have given inspection to the
PURCHASERS of all the documents of title relating to the said
land, order passed under ULCR ACT, the development agreement
and the plans, designs and specifications prepared by the
promoters architect Comfort Designers and of such other
documents as are specified under the Maharashtra Ownership
Flats (Regulation of the promotion of Construction Sale,
Management and Transfer) Act, 1963 (hereinafter referred to as the
said Act) and the rules made there under.

AND WHEREAS the copies of Certificate of title issued by the

Advocates of the Promoters, (annexure “A”) copies of property card,
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7/12 extract, showing the nature of the title of the Owners to the
said land on which the flats are constructed or are to be
constructed (annexure “B”) and the copies of the plans and
specifications of the flats agreed to be purchased by the
PURCHASERS approved by the concerned local authority
(annexure “C”) have been annexed hereto.

AND WHEREAS the Promoters have got approved from the

concerned local authority the plans the specifications, elevations,
sections and details of the said building/s.

AND WHEREAS while sanctioning the said plans concerned

local authority and or government has laid down certain terms,
conditions, stipulations and restrictions which are to be observed
and performed by the promoters while developing the said land
and the said buildings and upon due observance and performance
of which only the completion and occupation certificates in respect
of the said buildings shall be granted by the concerned local
authority.

AND WHEREAS the promoters has accordingly commenced

construction of the said buildings in accordance with the said
plans.

AND WHEREAS the PURCHASERS applied to the promoters

for allotment to the PURCHASERS Flat no.1001, ‘A’ Wing, on
Tenth Floor in building to be constructed on said land, by name
“SVS EXCELLENCIA”.

AND WHEREAS prior to making application as aforesaid as

required by the provisions of Maharashtra Co-operative Societies
Act, 1960 (Maharashtra Act No. XXIV of 1960) and the Urban Land
Ceiling and Regulation) Act 1976, the PURCHASERS has made a
declaration to the effect firstly that neither the PURCHASERS nor
the members of the family [family as defined under the ULCR Act]
of PURCHASERS own a tenement, house or buildings within the
limits of Pune Municipal Corporation.

AND WHEREAS relying upon the said application,

declaration and agreement, the promoters agreed to sell to the
PURCHASERS a flat/office/shop/godown, etc. at the price and on
the terms and conditions hereinafter appearing.

AND WHEREAS prior to the executing of these presents the

PURCHASERS has paid to the promoters a sum of Rs.2,00,000/-
(Rupees Two lakh only) being part payment of the sale price of
the flat/office/shop/godown agreed to be sold by the promoters to
the PURCHASERS as an advance payment or deposit as given in
the consideration and payment schedule below (the payment and
receipt whereof the promoters doth hereby admit and acknowledge)
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which shall in no event exceed Twenty per cent of the sale price of
the flat/office/shop/godown agreed to be sold to the
PURCHASERS, and the PURCHASERS has agreed to pay to the
promoters balance of the sale price in the manner hereinafter
appearing.

AND WHEREAS under section 4 of the said Act the

promoters are required to execute a written agreement for sale of
said flat/office/shop/godown to the PURCHASERS, being in fact
these presents and also to register said agreement under the
Registration Act.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY

AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:-
CONSTRUCTION AS PER PLANS

1) The Promoters shall construct the said buildings consisting

of ground and upper floors on the said land in accordance with the
plans, designs, specifications, approved by the concerned local
authority and which have been seen and approved by the
PURCHASERS with only such variations and modifications as the
promoters may consider necessary or as may be required by the
concerned local authority or the Government to be made in them
or any of them.

CONSIDERATION AND PAYMENT SCHEDULE

2) The PURCHASERS hereby agrees to purchase from the

promoters and the promoters hereby agrees to sell to the
PURCHASERS one Flat No.1001, ‘A’ Wing, having Carpet area
admeasuring 98.38 Sq. Mt. i.e. 1059 Sq. Ft., (which is inclusive of
the area of balconies), Covered Terrace carpet area 28.07 Sq. Mt.
i.e. 302 Sq. Ft, on Tenth Floor as shown in the floor plan thereof
hereto annexed and marked Annexure D and covered Car parking
spaces as per allotment in the building (hereinafter referred to as
“said flat/office/shop/godown”) for the proportionate price of the
common areas and facilities appurtenant to the premises, the
nature, extent, and description of the common/limited common
areas and facilities which are more particularly described in the
Schedule II hereunder written. The PURCHASERS hereby, agrees
to pay to the promoter amount of purchase price of
Rs 1,10,00,000/- (Rupees One Corer Ten Lakh Only)to the
promoters in the following manner:

2,00,000/- (Rupees Two Lakh Only) paid by Cheque

No’’……………………’’ dated ……………. Drawn on
Bank.
 8

3,00,000/- (Rupees Three Lakh Only) paid by Cheque

No’’……………………’’ dated ……………. Drawn on
Bank.
……………/- (Rupees …………… Lakh Only) paid by Cheque
No’’……………………’’ dated ……………. Drawn on
Bank.
1,10,000 (Rupees One Lakh Ten Thousand Only) to be Paid
/- By TDS .

………………./- (Rupees ………………….. lakh to be paid by bank

loan within 35 Days )

1,10,00,000/- (Rupees One Crore Ten Lakh Only)

The time for payment of installments on due date as aforesaid and

all other dues under this agreement, irrespective of PURCHASERS
availing loan from financial institution.

RESTRICTION BY LOCAL AUTHORITY

3) The promoters hereby agreed to observe, perform and

comply with all the terms, conditions, stipulations and restrictions
if any which may have been imposed by the concerned local
authorities at the time of sanctioning the said plans or thereafter
and shall before handing over possession of the said
flat/office/shop/ godown to the PURCHASERS obtain from the
concerned local authority occupation and/or completion certificate
in respect of the said flat/office/shop/godown.

FLOOR SPACE INDEX

4) The promoters hereby declare that the floor space index

available in respect of the said land is 6250 Sq. Mt. and that no
part of said floor space index has been utilized by the promoters
elsewhere for any purpose whatsoever. In case the said floor space
index has been utilized by the promoters elsewhere then the
promoters shall furnish to the PURCHASERS all the detailed
particulars in respect of such utilization of the said floor space
index by him. In case while developing the said land the
promoters has utilized any floor space index of any other land or
property by way of floating floor space index, then the particulars
of such floor space index shall be disclosed by the promoters to the
PURCHASERS. The residual F.A.R. (F.S.I.) in the said land or the
layout not consumed will be available to the promoters even after
the formation of the society of flat/office/shop/godown owners.
 9

BROUCHER NOT OFFER BY PROMOTERS

5) This agreement is made and entered into on the terms and

conditions mentioned herein only. The PURCHASERS specifically
agrees that the purchase price for said flat/office/shop/godown,
etc. which he has agreed to pay is for the area and amenities
mentioned in this agreement. It is also agreed that the brochure
for the project is to give rough idea about building, which is not
binding on the promoters. The PURCHASERS has knowledge that
the details in the Brochure are not offered by the promoters. The
brochure shall never be construed as an offer by promoters. The
PURCHASERS specifically agrees that to provide the additional
amenities as mentioned in brochure than agreed in this agreement
(annexure “E”) is totally at the desecration of the promoters. The
PURCHASERS shall be liable to pay additional amount to the
promoters for providing such additional amenities. It is also
agreed that the elevation of the building as shown in the brochure
and colour combination therein is artists perspective and may be
changed/modified/altered by the promoters.

FULL AND TRUE DISCLOSURE OF TITLE

6) In case the promoters is acting as an agent and assignee of

the Owners, original owner of the said land then the promoters
hereby agrees that it shall before handing over possession to the
PURCHASERS and in any event before execution of the deed of
conveyance of the said land in favor of a corporate body to be
formed by PURCHASERS of flat/office/shop/godown, etc. in
building to be constructed by the Promoters on the said land
(hereinafter referred to as the said “Society Condominium of
Apartment”) make full and true disclosure of the nature of his title
to the said land as well as encumbrances, if any, including any
right, title, interest or claim or any party over the said land and
shall, as far as practicable, ensure that the said land is free from
all encumbrances and that the owners and/or original owner the
Promoters have absolute, clear and marketable title to the said
land, so as to enable him to convey to the said
society/condominium of apartment such absolute, clear and
marketable title on the execution of deed of conveyance of said
land by promoters in favor of the said society/condominium of
apartment.

INTEREST PAYABLE BY PURCHASERS

7) The PURCHASERS agrees to pay to the Promoters interest at

18% per annum on all the amounts which become due and
payable by the PURCHASERS to the Promoters under the terms of
the agreement from the date of the said amount is payable to the
Promoters by the PURCHASERS till its realization.
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TERMINATION OF AGREEMENT

8) On the PURCHASERS committing default in payment on due

date of any amount due and payable by the PURCHASERS to the
Promoters under this Agreement (including his/her/their
proportionate share of taxes levied by the concerned local authority
and other outgoings) and on the PURCHASERS committing breach
of any of terms and conditions herein contained, the Promoters
shall be entitled at his own option to terminate this agreement.

Provided always that the power of termination herein

contained shall not be exercised by the Promoters unless and until
the promoters shall have given to the PURCHASERS 15 days prior
notice in writing of his intention to terminate this agreement and of
the specific breaches within a reasonable time after giving of such
notice.

Provided further that upon termination of this agreement as

aforesaid the promoters shall refund to the PURCHASERS the
installments of sale price of the flat which may till then have been
paid by the PURCHASERS to the Promoters but the promoters
shall not be liable to pay the PURCHASERS any interest on the
amounts so refunded and upon termination of this agreement and
refund of aforesaid amount by the promoters, the Promoters shall
be at liberty to dispose off and sell the said
flat/office/shop/godown to such persons and at such price as the
Promoters may in his absolute discretion think fit. In such event
the Promoters shall forfeit 10% amount of total receipt by way of
damages or Rs. 25,000/- whichever is higher.

AMENITIES

9) The fixtures, fittings and amenities to be provided by the

Promoters in the said building and flat/office/shop/godown, etc.
are those that are set out in except Annexure “E” annexed hereto.

DELIVERY OF POSSESSION

10) The Promoters shall give possession of the said

flat/office/shop/godown to the PURCHASERS on or before
3months provided the PURCHASERS has paid all due amounts to
the Promoters on due dates. If the Promoters fails or neglects to
give possession of the said flat/office/shop/godown to the
PURCHASERS on account of reasons beyond his control and of his
agents as per the provisions of Section 8 of the Maharashtra
Ownership Flats Act, by the aforesaid date or the dates prescribed
in Section 8 of the said Act, then the Promoters shall be liable on
demand to refund to the PURCHASERS the amount already
received by him in respect of the said flat/office/shop/godown
 11

along with its simple interest at 9% per annum from the date of
Promoters received the sum till the date the amounts and interest
therein is repaid, provided that by mutual consent it is agreed that
dispute whether the stipulations specified in Section 8, have been
satisfied or not will be referred to the competent authority who will
act as an arbitrator, till the entire amount and interest thereon is
refunded by the Promoters to the PURCHASERS they shall, subject
to prior encumbrances, if any, be a charge on the said land as well
as the construction or building in which the said
flat/office/shop/godown, etc. are situated or were to be situated.

Provided that the Promoters shall be entitled to reasonable

extension of time for giving delivery of said
flat/office/shop/godown on the aforesaid date, if the completion of
building in which the said flat/office/shop/godown is to be
situated is delayed on account of :
i) Non availability of steel, cement, other building material,
water of electric supply.
ii) War, Civil Commotion or Act of God.
iii) Any notice, order, notes, notification of the Government
and/or other public or competent authority or local
authorities or court of justice.
iv) Any order of stay or injunction by any court of law or other
authority for carrying construction.

RECTIFICATION OF DEFECTS

11) The PURCHASERS shall take possession of the said

flat/office/shop/godown within 15 days of the promoters giving
written intimation to the PURCHASERS intimating that the said
flat/office/shop/godown is ready for use and occupation. The
PURCHASERS shall be liable to pay all the taxes levied by the
Pune Municipal Corporation or any other local authority with
respect of said flat/office/shop/godown purchased by
PURCHASERS since the date of obtaining occupation certificate.
Provided that if within period of three years from the date of
handing over the said flat/office/shop/godown to the
PURCHASERS, the PURCHASERS brings to the notice of the
Promoters any defect in the said flat/office/shop/godown or the
building in which said flat/office/shop/godown is situated or the
material used therein or any unauthorized change in the
construction of said building, then wherever possible such defects
or unauthorized changes shall be rectified by the Promoters at his
own cost and in case it is not possible to rectify such defects or
unauthorized changes, then the PURCHASERS shall be entitled to
receive from the Promoters reasonable compensation for such
defect or change. Provided that the Promoters shall not be liable to
pay compensation or rectify defects as mentioned above, it such
defects or unauthorized change in the flat is or building is caused
due to:
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a. Alterations/change made by PURCHASERS in said flat or

outside it.
b. PURCHASERS make any alteration of any kind in any of
fittings of pipes, water supply, connections.
c. Any change is made by PURCHASERS in any of
erections/connections, fittings in the bathroom, W.C., toilet
etc.
d. PURCHASERS chisel, hammer dig any part of flat or
building.
e. PURCHASERS tampers with electrical net work.
f. PURCHASERS misuses/over uses the services such as
drainage, electricity water etc.
The PURCHASERS hereby undertakes to indemnify
promoters against all claims, demands, loses, compensation
which the promoters may be required to pay to other
PURCHASERSs for defects occurring in their flats or
building due to above acts of PURCHASERS.

USE OF FLAT/OFFICE/SHOP/GODOWN

12) The PURCHASERS shall use the said

flat/office/shop/godown or any other part thereof or permit the
same to be used only for purpose of residence, business, trade,
vocation as prescribed and provided while sanctioning of building
plan. He shall use parking space or garage only for purpose of
keeping or parking PURCHASERS own vehicle.

FORMATION OF CONDOMINIUM/CO-OP SOCIETY

13) The PURCHASERS along with other PURCHASERS of

flat/office/shop etc. the building shall join in forming and
registering condominium of apartment/co-operative housing
society of flat/office/shop/godown, by such name SVS
EXCELLENCIA as the Promoters may decide and for this purpose
also from time to time sign and execute the application for
registration and/or membership and other papers and documents
necessary for the formation and the registration of the
condominium of apartment/co-operative housing society and for
becoming a member including bye laws of proposal society and
duly filled in sign and return to the Promoters within 15 days of
the same being forwarded by the Promoters to the PURCHASERS,
so as to enable the Promoters to register the organization of the
PURCHASERS under section 10 of the said Act. No objection shall
be taken by the PURCHASERS/s if any change or modifications
are made in the draft bye-laws of the said apartment/society as
may be required by the Promoters or by any other competent
authority.
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CONTRIBUTION BY PURCHASERS TOWARDS OUTGOINGS

14) Commencing a week after notice in writing is given by the

Promoters to the PURCHASERS that the said
flat/office/shop/godown is ready for use and occupation, the
PURCHASERS shall be liable to bear and pay the proportionate
share (i.e. proportion to the floor area of the said
flat/office/shop/godown) of outgoing in respect of the said land
and building namely local taxes, betterment charges or such other
levies by the concerned authority and/or Government water
charges, insurance, common lights, repairs and salaries of clerks,
bill collectors, chokidars, sweepers, common electricity charges
and all other expenses necessary and incidental to the
management and maintenance of the said land and building
constructed thereon and irrespective of the fact whether or not the
PURCHASERS has taken possession of said
flat/office/shop/godown. Until the condominium/society of
flat/office/shop/godown PURCHASERSs is formed and said land
and building is transferred to the said condominium/society, the
PURCHASERS shall pay to the Promoters such proportionate share
of outgoings as may be determined by Promoters. The
PURCHASERS further agreed that till the PURCHASERS’s share is
so determined the PURCHASERS shall pay to the Promoters,
provisional monthly contribution of Rs. 2,500/- (Rupees Two
Thousand five Hundred Only) towards the outgoings. The amount
so paid by the PURCHASERS to the Promoters shall not carry any
interest and remain with the Promoters until conveyance or
necessary deed is executed in favor of the society or condominium
of apartment is formed. The PURCHASERS undertakes to pay
such monthly contribution and such proportionate share of
outgoings regularly on the 5th day of each and every month in
advance and shall not withhold the same for any reason
whatsoever.

ADDITIONAL AMOUNT PAYABLE BY PURCHASERS

15) The PURCHASERS shall on or before delivery of possession

of the said flat/office/shop/godown on demand by Promoters shall
keep deposited with the Promoters the following amounts:

a) for M.S.E.B and other expenses for Infrastructure /

Miscellaneous charges. Include Package Amount.

It is made very clear that amount of above said deposits are

provisional amount and shall not carry and interest. If promoters
is required to pay more amounts against respective heads the
PURCHASERS shall pay proportionate additional amount to the
Promoters immediately on demand.
 14

The Purchasers hereby also agrees that, the promoter shall have
right to impose amount of Vat and Sales tax, if levied by the
government of Maharashtra under the Maharashtra Sales Tax Act
or the Works Contract Act 1985, and purchaser agrees to increase
the cost of the Flat/Shop in accordance with the execution of the
Works Contract Act. Service Tax & VAT if any payable before
handing over the possession of the said flat.

The PURCHASERS specifically agrees that the amount of deposit

towards electricity shall be utilized by the promoters for obtaining
individual electric meter, ORCS/SLSC charges, bus bars, laying of
cables, installation of transformer, installation of fidder, pillars,
light poles, LT room, construction cost of Civil Construction, cost
of land required for said purpose any other M.S.E.B. deposits,
installation, consultation service charges and such other service
charges, etc. and such other charges/expenses required for supply
of electricity. The installation cost shall include laying of cable from
pole of distribution of electricity by M.S.E.B. to the individual
meters.
UTILISATION OF DEPOSIT

16. The Promoters shall utilize the sum of Rs. 20,000/- paid by
the PURCHASERS to the Promoters for meeting all legal costs,
charges and expenses, including professional costs of the
Advocates of the Promoters in connection with the formation of the
said condominium/society as the case may be, preparing its rules,
regulations and bye-laws and cost of preparing and engrossing this
agreement and conveyance.

STAMP DUTY AND REGISTRATION CHARGES

18. At the time of the registration of this agreement or deed of

conveyance or may other document the PURCHASERS shall bear
and pay proportionate stamp duty and registration charges
payable, if any, by said society or condominium of apartment on
conveyance or any document or instrument of transfer in respect
of said land and building to be executed in favor of said
society/condominium of apartment.

COVNANTS BY PURCHASERS

19. The PURCHASERS or himself/themselves with the intention

to bring all persons into whosoever hands the said
flat/office/shop/godown may come, both hereby covenant with the
promoters as follows:

a) To maintain said flat/office/shop/godown at

PURCHASERS’s own cost in good tenantable repair and condition
from the date of possession of the said flat/office/shop/godown is
 15

taken and shall not do or suffered to be done anything in or to the

building in which the said flat/office/shop/godown is situated,
staircase or any passages which may be against the rules,
regulations or bye-laws of concerned local or any other authority or
change/alter or make addition in or to the building in which the
said flat/office/shop/godown is situated and the said
flat/office/shop/godown itself or any part thereof.

b) Not to store in the flat/office/shop/godown any goods which

are of hazards, combustible or dangerous nature or are so heavy
so as to damage the construction or structure of the building in
which the said flat/office/shop/godown is situated or storing of
which goods is objected to by the concerned local or other
authority and shall not carry or cause to be carried heavy
packages whose upper floors which may damage or likely to
damage the staircase, common passages or any other structure of
the building in which the said flat/office/shop/godown is situated
including entrance/s of the building in which the said
flat/office/shop/godown is situated and in case any damage is
caused to the building in which the said flat/office/shop/godown
is situated on account of negligence or default of the
PURCHASERS, in this behalf the PURCHASERS shall be liable for
the consequence of the breach.

c) To carry at his own cost all internal repairs to the said

flat/office/shop/godown and maintain the said
flat/office/shop/godown in the same condition state and order in
which it was delivered by the Promoters to the PURCHASERS and
shall not do or suffering to be done anything in or to the building
in which the said flat/office/shop/godown is situated or the said
flat/office/shop/godown which may be given, the rules and
regulations and bye-laws of the concerned local authority or other
public authority. And in the event of the PURCHASERS committing
any act in contravention of the above provisions, the
PURCHASERS shall be responsible and liable for the consequences
thereof to the concerned local authority and or other public
authority.

d) Not to demolish or cause to be demolished the said

flat/office/shop/godown or any part thereof, nor at any time make
or casue to be made any addition or alteration of whatsoever
nature in or to the said flat/office/shop/godown or any part
thereof, nor any alteration in the elevation or outside colour
scheme of the building in which the said flat/office/shop/godown
is situated and shall keep the portion, sewers, drains, pipes in the
said flat/office/shop/godown and appurtenances thereto in good
tenantable repair and condition and in particular so as to support
shelter and protect the other parts of the building in which the
said flat/office/shop/godown is situated and shall not chisel or in
any other manner damage to columns, beams, walls, slabs or RCC
pardis or other structural members in the said
 16

flat/office/shop/godown without the prior written permission of

the Promoters and/or the Society/Condominium of Apartment.

e) Not to do or permit to be done any act or thing which may

render void or voidable any insurances of the said land and the
building in which the said flat/office/shop/godown is situated or
any part thereof or whereby any increases 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
flat/office/shop/godown in the compound or any portion of the
said land and the building in which the said
flat/office/shop/godown is situated.

g) Pay to the Promoters within 7 days of demand by the

Promoters his share of security deposit demanded by the
concerned local authority or Government or giving water, electricity
or any other service connection to the building in which the said
flat/office/shop/godown is situated.

h) To bear and pay increase in the local taxes, water charges,

insurances and such other levies, if any, which are imposed by the
concerned local authority and/or Government and/or other public
authority, on account of change of user of the said
flat/office/shop/godown by the PURCHASERS viz. user for any
purpose other than for purpose, mentioned in the plans sanctioned
by Pune Municipal Corporation.

i) The PURCHASERS shall not let, sub-let transfer, assign or

part with the PURCHASERS interest or benefit factor of this
agreement or part with the possession of the
flat/office/shop/godown until the dues payable by the
PURCHASERS to the Promoters under this agreement are fully
paid up and only if the PURCHASERS has not been guilty of
breach of or non-observance of any of the terms and conditions of
this agreement and until the PURCHASERS has intimated, in
writing to the Promoters and condominium of apartment/society is
formed and deed of conveyance is executed.

j) The PURCHASERS shall observe and perform all the rules

and regulations which said condominium of apartment/ society
may adopt at its inception and the additions, alterations or
amendments thereof that may be made from time to time for
protection and maintenance of the said building and the said flat/
office/ shop/ godown therein and for the observance and
performance of the building rules, regulations and bye laws for the
time being of the concerned local authorities and/or Government
and other public bodies.
 17

k) The PURCHASERS shall also observe and perform all the

stipulations and conditions laid down by the said condominium of
apartment/ society regarding the occupation and use of the said
flat/ office/ shop/ godown in the building and shall pay and
contributes regularly and punctually towards the taxes, expenses
or other outgoings in accordance with the terms and conditions of
this agreement.

l) Till a deed of conveyance of a building in which said flat/

office/ shop/ godown is situated is executed the PURCHASERS
shall permit the Promoters and their surveyors and agents with or
without workmen and other, at all reasonable times to enter into
and upon the said land and building or any part thereof to view
and examine the state and condition thereof.

PROMOTERS TO MAINTEAIN SEPARATE ACCOUNT

20) The promoters shall maintain the separate account in

respect of sums received by the Promoters from the PURCHASERS
as advance or deposits, sums received on account of share capital
for promotion of co. Operative society or condominium of
apartment towards outgoings, legal charges and shall utilize the
amount only for the purposes for which they have been received.

NO GRANT TILL CONVYANCE

21) Nothing contained in this agreement, is intended to be nor

shall be construed as a grant, demise or assignment in law of the
said land/ or building or any part thereof. The PURCHASERS shall
have no claim save and except in respect of the said flat/ office/
shop/godown agreed to be sold to him/her them and all open
space, parking, spaces, lobbies, staircases, terraces, recreation
space, etc will remain the property of the Promoters until the said
land and building is transferred to the such society and/or the
Declaration and Deed of Apartment is executed.

NO WAIVER

22) Any delay tolerated or indulgence shown by the Promoters in

enforcing the terms of this agreement or/ and any forbearance or
giving of time to the PURCHASERS by the Promoters shall not be
construed as a 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 PURCHASERS nor shall the same in any manner
prejudice the rights of the Promoters.

REGISTRATION

23) The PURCHASERS and or the promoters shall present this

agreement as well as the conveyance at the proper registration
 18

office of registration within the time limit prescribed by the

Registration Act and the Promoters will attend office and admit
execution thereof.
ADDRESS FOR NOTICE

24) All notices to be served on the PURCHASERS as

contemplated by this agreement shall be deemed to have been duly
served if sent to the PURCHASERS by registered post A.D. / Under
Certificate of Posting at his/ her/ their address specified in
description of parties.

APPLICATION OF ACT

25) This agreement shall always be subject to the provisions of

the Maharashtra Apartment Ownership of Flat Act (Maharashtra
Act No. XV of 1971) and the rules made there under.

USER OF TERRACES AND OPEN SPACES/ GARDEN

26) It is also understood and agreed by and between the parties

hereto that the terrace space or open space in front of or adjacent
to the flats in the said building, if any, shall not be enclosed by the
PURCHASERS till the permission in writing is obtained from
concerned local authority. Unless otherwise provided in this
agreement no right in such terrace or open space or road shall vest
in the PURCHASERS. The terraces or open spaces or garden
specifically allotted to the particular flat PURCHASERS exclusively
shall be used by the concerned flat PURCHASERS. The
PURCHASERS shall not obstruct to such use by concerned flat
PURCHASERS. The PURCHASERS specifically undertakes not to
claim any right for such exclusive use of terraces, open spaces,
garden. The PURCHASERS shall have no objection to the
Promoters allotting such exclusive right to use garden, open space,
terrace, etc to any other flat PURCHASERS.

PURCHASER’S CONSENT

27) The PURCHASERS hereby consent under Section 7 of the

said Act to carry out following changes/ alterations/ additions/
modifications in the structure of said building or said building or
said flat as under:
a) To make additions/ alterations in the plans of other building
than in which said flat is constructed.
b) To make changes in the layout of the building.
c) To cause shifting of location of open space as promoters in
its absolute description deems fit.
d) To alter/ change/ modify internal roads.
e) To construct additional floor in the said building.
f) To subtract the floor in the said building.
g) To construct additional building in the said property.
h) To connect the buildings.
 19

i) To change elevation of building/s

j) To enclose the balconies of the flats, in such event the
PURCHASERS shall be liable to pay enclosing charges levied
by the concerned authority.

ESCALATION

28) The consideration agreed to be paid by the PURCHASERS to

the promoters on the basis of cost of raw materials, components
and labour cost calculated at the prevailing rate. If there is abrupt
or sudden rise in above said components for whatever reason by
10% of the PURCHASERS shall be liable to pay the Promoters price
of such escalation before taking the possession of the flat, as
calculated by the Promoters.

LOCATION

29) Said flat is situate in a building to be constructed on S.No.

77/1 village Warje, Pune which is located on 43/604 to PMC for
purpose of determining market value of said flat.

Agreement Value Rs. ……………/-

Market Value Rs. ……………/-
Stamp Duty paid Rs. ……………/-
Pages No……………..
 20

SCHEDULE – I

All that piece and parcel of land within the Regn.Divn. Pune Sub.
Division Tal. Haveli Dist. Pune within the limits of Pune Municipal
Corporation, bearing S.No. 77/1 lying and situated at Village
Warje, Pune and admeasuring 00 H 62.5 R and bounded as under:
On or towards the East : Remaining part of S.No. 77/1
On or towards the South : S.No. 77, Hissa No.2
On or towards the West : S.No. 76
On or towards the North : S.No. 84& 8

SCHEDULE II REFERRED TO ABOVE

Flat No 1001, ‘A’ Wing, having Carpet area admeasuring 98.38

Sq. M. i.e. 1059 Sq. Ft, (which is inclusive of the area of balconies),
Covered Terrace carpet area 28.07 Sq. M. i.e. 302 Sq. Ft. on
Tenth Floor of the building under construction / constructed on
the property described in Schedule I written above which is
inclusive of the balconies.

C
SHEDULE III

1) All that piece and parcel of land detailed in Schedule I above,

except the land terrace and open garage or parking space the
exclusive use of which is given to other PURCHASERS.
2) Staircase
3) Common electricity wiring.
4) Lift
 21

IN WITNESS WHEREOF THE PARTIES HERETO HAVE

SUBSCRIBED THEIR RESPECTIVE SIGNATURES ON THE DATE,
MONTH AND YEAR FIRST HEREIN ABOVE MENTIONED.

WITNESSES

1) Name M/s. S.V.S. Properties

Through its partner

Add

Signature
Shri. Pralhad D. Jadhav
For himself & as a Power of
Attorney Holder For No.1 above
PROMOTERS

1) Shri. Anant Mahadeo Marne

2) Name 2) Shri.PrakashMahadeo Marne
3) Smt.Pramila Mahadeo Marne
Through their power of
attorney
Add

Signature

Shri. Pralhad D. Jadhav.

(OWNERS)

ROOPAL GHAREWAL
(PURCHASER)
 22

Annexure “A”

TITLE CERTIFICATE

This is to certify that I have investigated the title to the property

which is more particularly described in the schedule hereunder
and certify that in my opinion the title of M/s. S.V.S. Properties
Promoters, Builders & Developers registered under Partnership Act
and Shri. Marne P.M. & Others an original owner is clear,
marketable and free from encumbrances, charges and/or claims.

SCHEDULE

All that piece and parcel of land situated at Warje within the
jurisdiction of Sub-Registrar Haveli No. 1 to 20 Pune within the
local limits of Pune Municipal Corporation, bearing S.No. 77/1
part admeasuring 6250 sq.mtr.And bounded as under:-
On or towards the East : Remaining part of S.No. 77/1
Warje, Pune
On or towards the South : S.No. 77, Hissa No.2, Warje,
Pune
On or towards the West : S.No. 76, Warje, Pune
On or towards the North : S.No. 84 and 83 Warje, Pune

Advocate
 23

ANNEXURE “D”

Flat No. : 1001, “A” Wing.

Floor No. : Tenth Floor

Carpet Area : 98.38 Sq. Mt. I.e. 1059 Sq. ft.

Terrace Carpet Area : 302 Sq. Mt. I.e. 28.07 Sq. ft.

Two Car Parking Nos. : As Per Parking Allotment

Letter.
 24

ANNEXURE “E”

1. Structure R.C.C. frame structure

2. External Walls 6”Block/Bricks walls
3. Internal Walls 4” Block/Bricks
4. Kitchen Each kitchen will be provided with
Granite Top Kitchen platform with
built stainless steel sink, drain
board& tile dado.

5. Flooring The entire flooring shall be of vitrified

or equivalent flooring & non skid tiles
with wooden texture in all terrace.
6. Bathroom and W.C. High quality Ceramics Tiles in toilet
for floors & dado up to door height.
7. Doors and Windows Decorative main entrance door will be
of wooden ply frame and shutter,
remaining all the doors will Marine
Grade flush Doors with laminated
finish for Beds & Toilets, good quality
of Anodized Superior Quality
Aluminum windows M.S. Grills.

8. Electrical Fittings All concealed electric work of I.S.I.

standard branded electric copper
wires & fittings.
9. Plumbing Superior quality concealed plumbing
&America’s No.1 brand moen C P
fitting for bathrooms.
10. Water Supply Overhead& underground water tank
of sufficient capacity. Provided water
connection in kitchen sink, bathroom
and in W.C.

11. Painting Ceilings will be white washed and

walls will be good painted.
12. Parking Exclusive parking facility.

13. Lift Two branded elevators in each towers.