AGREEMENT FOR SALE

THIS AGREEMENT made and entered into at Mumbai this _____ day of ____________,
2017
BETWEEN
M/S JAI MATA DI HOME CONSTRUCTIONS PRIVATE LIMITED,
CIN:U45200MH2000PTC127375 PAN: AABCJ0318Abeing a private limited company
registered under the provisions of the Companies Act, 1956 having its registered
office at 234/235/236, 2nd Floor, Big Splash, Sector 17, Vashi, Navi Mumbai 400703
administrative office: 601, 6th Floor, Safal Pride, Punjabwadi, S.T. Road, Deonar,
Mumbai – 400 088, hereinafter called “the DEVELOPERS” (which expression shall
unless it be repugnant to the context or the meaning thereof be deemed to include
its successors and assigns) of the ONE PART,

AND

MR. / MRS. __________________ [PAN NO. _______________] of ______________Indian

Inhabitant residing at__________________________________, hereinafter referred to as “THE
ALLOTTEE” (which expression shall unless it be repugnant to the context or
meaning thereof be deemed to include his/her/their heirs, executors,
administrators and assigns) of the OTHER PART.
WHEREAS:
a. MANILAL GANPATRAM UPADHYAY (hereinafter called “the ORIGINAL
OWNER”) had been absolutely seized and possessed on or otherwise well
and sufficiently entitled to all that piece of parcel of land admeasuring 9,690
sq. Yards i.e. 8,102 sq.mtrs (admeasuring 8145.60 Square Meters as per
property Card) and bearing Plot No.567 of Suburban Scheme No.III of
Chembur (Sector-C Little Malbar Hill), which was granted to him by the
Collector, Bombay Suburban District under Agreement in Form HH Dated 2 nd
March 1940.
b. Apart from the various conditions contained in the said agreement in Form
HH, additional 22 conditions were also prescribed, by the Collector, BSD, for
holding the said land, which conditions were contained in the Appendix- A to
the said Agreement in Form HH.
c. On the application of the said Original Owner the Bombay Revenue Tribunal,
by its order dated 26th January 1940 deleted the condition No. 19 contained
in the said Appendix-A.
d. The said land is more particularly described in the First Schedule hereunder
written and is delineated on the plan thereof hereto annexed as Annexure-A
and thereon shown in red coloured boundary line and is hereinafter called
“the said LARGER PIECE OF LAND”.
e. After obtaining the necessary permission and sanctions from all concerned
authorities the said Original Owner constructed on the said Larger Piece of
Land several building and structures for being used as SOAP FACTORY.
f. The said Larger Piece of Land and the buildings and structures standing
thereon are hereinafter collectively called “the said Larger Property”.
g. In course of time, the said Original Owner discontinued his said business and
converted the then existing building and structures for residential use.
h. By Deed of Trust dated 10th April 1969 made between the said Original
Owner as Settler of the One Part and the said Original Owner as Managing
Trustee along with two other persons as Trustees of the Other Part and duly
registered at the office of the Sub-Registrar of Assurances at Bombay under
BOM/R/1499 of 1969, the said Original Owner transferred and conveyed in
favour of himself as the Managing Trustee jointly with the two other trustees
a portion admeasuring 4,756 sq.mtrs out of the said Larger Piece of Land
together with the Buildings and structures standing thereon (hereinafter
called “the TRUST PROPERTY”) upon trust and to the uses and subject to
power contained in the said Deed of Trust.

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i. The said Trust Property is more particularly described in the Second
Schedule hereunder written and delineated on the Plan thereof hereto
annexed as Annexure A and thereon shown in green coloured boundary line.
j. Mr. Kanaiyalal Manilal Upadhyay along with 8 others and SMT. KAPILABEN
MANILAL UPADHYAY (since deceased) (being the wife of the said Original
Owner) had been the sole beneficiaries under the said Trust Deed dated 10 th
April 1969, their respective shares being as specified therein.
k. The said SMT. KAPILABEN MANILAL UPADHYAY is hereinafter called “the
said KAPILABEN”.
l. The said Original Owner continued to be the absolute and exclusive owner of
the remaining portion admeasuring 3,346 sq.mtrs. out of the said Larger
Piece of Land (hereinafter called the “the Remaining Land”) with the building
and structures standing thereon, which Remaining Land with buildings and
structures standing thereon are hereinafter collectively called “the said
Remaining Property” and which Remaining property is more particularly
described under the Third Schedule hereunder written and delineated on
the Plan thereof hereto annexed as Annexure A and thereon shown in
yellow coloured boundary line.
m. The said KAPILABEN died intestate at Bombay on the 26th day of March 1972
leaving behind the Original Owner, Mr. Kanaiyalal Manilal Upadhyay (“said
Kanaiyalal”), Mr. VrajendrakumarManilal Upadhyay(“said Vrajendrakumar”),
Mr. MahendrakumarManilal Upadhyay (“said Mahendrakumar”), Mr.
SatishkumarManilal Upadhyay (“said Satishkumar”) and Mrs. Snehalata
Parmanand Joshi (“said Snehalata”), being her husband, four sons and one
daughter respectively as her only heirs and legal representatives as per
Hindu Succession Act, 1956.
n. On her death, the 24% share right title interest of the said KAPILABEN in the
said Trust Property ceased to exist and reverted to the corpus of the Trust
Property and called to be distributed amongst the Beneficiaries.
o. The respective shares of the beneficiaries were modified further at the
instance of the said Original Owner (as the Managing Trustee) in the year
1974.
p. The Original Owner died intestate at Bombay on the 14 th February 1984,
leaving behind the said Kanaiyalal, the said Vrajendrakumar,the said
Mahendrakumar,the said Satishkumar and the said Snehalata, being his four
sons and one daughter respectively, as his only heirs and legal
representatives as per Hindu Succession Act, 1956.

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q. In the premises the said Kanaiyalal, the said Vrajendrakumar,the said
Mahendrakumar,the said Satishkumar and the said Snehalata(hereinafter
collectively referred to as “the Owners”) became entitled to the said
Remaining Property as Owners in common with agreed shares.
r. There existed on the said Trust Property a building having ground and two
upper floors and comprising of SEVEN premises out of which three premises
were held and occupied by the three monthly tenants of the said Trust, while
the remaining four premises were occupied by the Owners.
s. On the Remaining Property there also existed several other structures
comprising of 152 tenants and which was declared as a slum vide notification
dated 10th May 2013.
t. The trustees were desirous of developing the portion admeasuring 2,945
sq.mtrs out of the Trust Property by retaining two structures bearing
Municipal Nos. M-1619(2A) E-17AA and M-1613(1) E-17 (hereinafter called
“the Retained Structures”) standing thereon and by demolishing two other
structures standing thereon and by constructing a multi-storeyed building by
utilizing thereon the Floor Space Index of about 9,225 sq.ft. as reduced by
the Built-up area of the Retained Structures.
u. For this purpose the Trustees applied for and obtained from the Competent
Authority under the Urban Land (Ceiling and Regulation) Act, 1976, the
necessary permission for redeveloping of the said portion admeasuring
2,945 sq.mtrs out of the Trust Property.
v. The said portion admeasuring 2,945 sq.mtrs. out of the said Trust Property is
more particularly described in the Fourth Schedule hereunder written and
delineated on the plan thereof hereto annexed as Annexure A and thereon
shown in Brown coloured boundary line and is hereinafter called “the Guru
Ashish Portion”.
w. By Agreement dated 26.5.1979 (“Guru Ashish Agreement”) made between
the trustees of the said Trust of the one part and M/s. Guru Ashish
Construction Co. (“Guru Ashish”) as the Developers of the Other Part, the said
Original Owner as the managing trustee and the other trustees granted to
Guru Ashish the development rights in respect of the Guru Ashish Portion on
the terms and conditions therein contained and at or for the consideration
therein mentioned..
x. It was an essential condition of the Guru Ashish Agreement that the said
Developers shall construct the proposed building adjacent to the Retained
Structures No. M-1619(2A) E-17 then standing on the Guru Ashish Portion,

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 by utilizing 9,225 sq.ft. F.S.I. (as reduced by the F.S.I. consumed in the
Retained Structure) with a view that the purchasers of premises in the then
proposed building shall form a Co-operative Housing Society and that then
the Trustees would grant to such Society the Lease of a part admeasuring
698.6 Sq.Mtrs. out of the Guru Ashish Portion of the said Trust Property,
which part is hereinafter called “the Demised Land” and which Demised Land
is more particularly described in the Fifth Schedule hereunder written and
delineated on the plan thereof hereto annexed as Annexure A and thereon
shown in Pink Colour Wash.
y. Under the Guru Ashish Agreement, it was further agreed that the proposed
Recreation Space admeasuring 399.01 sq.mtrs (hereinafter called “the
Recreation Space”) shown shaded green on the plan thereof hereto annexed
as Annexure A shall be used by the Trustees as well as Guru Ashish but that
the Trustees alone shall be entitled to all the benefits rights and interest
arising there from including the benefit of F.S.I. in respect thereof.
z. It was further agreed under the Guru AshishAgreement that the Trustees
shall always have a right to walk through the compulsory open space of the
building (then proposed to be constructed by Guru Ashish) to the proposed
20’ wide D.P. Road.
aa. By a separate writing dated 14th October 1981 the trustees of the trust
permitted Gurus Ashish to utilise the F.S.I. to the extent of 11,019.50 sq.ft.
instead of 9225 sq.ft. as mentioned in the said Agreement.
bb. As per duly sanctioned building plans Guru Ashish constructed on the
Demised Land a building having ground and three upper floors, entered into
Agreement for Sale of premises in the said building, received from
purchasers of premises the purchase price and put such purchasers in
possession of their respective premises.
cc. The purchasers of premises in the said building known as Waman Darshan
came together and formed Waman Darshan Co-operative Housing Society
Ltd., which was registered under No.BO/WM/HSG/TC-868 of 1984-85, which
Society is hereinafter called “the said Society”.
dd. No Lease Deed was ever executed by the Trustees in favour of the said
Society in respect of the Demised Land.
ee. In these circumstances, by Agreement dated the NIL day of January 1995
executed by the said Vrajendrakumar, Smt. Prabhavati Vrajendrakumar
Upadhyay, Mr. Vipul Vrajendrakumar Upadhyay, the said Mahendrakumar,
Smt. Hemanta Mahendrakumar Upadhyay, the said Satishkumar, Smt. Sudha

5
 Satish Upadhyay and the said Snehalata, in their capacity as the beneficiaries
of the trust of the One Part, and MR. NITIM GANDHI and MRS. DAXA NITIN
GANDHI (hereinafter called “the said GANDHIS”) of the Other Part, the said
beneficiaries had received from the said GANDHIS a sum of Rs.10,00,000/-
(Rupees Ten Lacs only) as earnest money and had agreed to grant to the said
GANDHIS the development rights in respect of the said Larger Property on
the terms and conditions therein contained and at or for the consideration
therein mentioned.
ff. The said Agreement dated NIL day of January 1995 had not been executed by
the Trustees or by the other beneficiaries nor was the said Agreement acted
upon or implemented by the parties to it.
gg. The said Kanaiyalal had borrowed from MR. MEGHJIBHAI BHIMASHI
DEDHIA (hereinafter called “the said MEGHJIBHAI”) a sum of Rs.1,87,500/-
which amount was outstanding and repayable.
hh. A portion admeasuring 1,564.02 sq.mtrs. out of the Trust Property is
reserved for Play Ground, which is delineated in red coloured boundary on
the plan annexed hereto as Annexure B(“Playground Land”).
ii. A portion admeasuring 180 sq.mtrs. out of the Trust Property is reserved for
the Proposed D.P. Road under the Development Plan for Greater Bombay,
which is delineated in green coloured boundary on the plan annexed hereto
as Annexure B (“DP Road Land”).
jj. A portion admeasuring 3,346 sq.mtrs. out of the Remaining Property has
been reserved for Municipal School under the Development Plan for Greater
Bombay, which is delineated in brown coloured boundary on the plan
annexed hereto as Annexure B (“School Land”).
kk. By his letter No.__________ dated _____ 2006, the Assistant Engineer
(Development Plan) has certified the existence of the afore-recited three
reservations, a Xerox copy whereof along with the plan enclosed herewith is
hereto annexed and marked Annexure C.
ll. Vide Conveyance dated 29th December 2006, executed by the said Kanaiyalal
and the said Vrajendrakumar collectively as the trustees of the Manilal
Ganpatram Trust of the One Part, the said Kanaiyalal and 10 others in their
capacity as the beneficiaries of the Second Part, the Owners of the Third Part
and Mrs. Manjulaben Kanaiylal Upadhyay and 15 others as the Confirming
Parties of the Fourth Part in favour of the Developer herein, the ownership of
the said Larger Property [subject to (i) the reservations described above, (ii)
the rights of the said Society to obtain leasehold rights of the Demised Land,

6
 (iii) the rights of three tenants whose details were mentioned in the Seventh
Schedule to the Deed of Conveyance, (iv) the rights of the 152 tenants /
occupants whose details were listed in the Eighth Schedule to the Deed of
Conveyance, (v) the right/ claim of the said Gandhi’s under the Development
Agreement dated NIL day of January, 1995 and (vi) the money claim of the
said Meghjibhai recited above], came to betransferred and conveyed to the
Developers herein for the consideration and on the other terms and
conditions more particularly set out therein, which Conveyance is duly
registered at the office of the Sub-Registrar of Assurances at Kurla-3 under
Serial No. BDR/13-1444 of 2017. Under the Conveyance the Developers have
committed to make various payments to and to construct various premises
for the benefit of the persons who are parties to the Conveyance, details of
which are set out in the Conveyance.
mm. While part of the consideration payable under the Deed of Conveyance was
payable by the Developer in terms of money, the remaining was payable by
adjustment towards the cost of residential premises to be allotted to parties
to the Deed of Conveyance. The aforesaid monetary consideration was paid
by the Developers on or before execution of the Deed of Conveyance.
nn. In due course of time, the name of the Developer came to be entered on the
City Survey Property Register Cards in respect of the said Larger Piece of
Land as the owner thereofa copy of the City Survey Property Register Cards
in respect of the Larger Piece of Land are collectively annexed hereto as
Annexure D.
oo. A portion out of the Larger Piece of Land was covered by unauthorized
structures occupied by various occupants which occupants are listed in the
Eight Schedule to the Deed of Conveyance dated 29th December 2006. Vide
notification dated 10th May 2013 bearing No. SRA/NABHU/KARYA-1/TE-S-
1/3K/WAMANDEV/2013/293,the portion admeasuring 3,457.63 square
metres out of the Larger Piece of Land (“SRA Land”) has been declared as a
‘slum’. The occupants of the structures standing on the SRA Land have
decided to form a cooperative housing society at present known as the
Wamandev Cooperative Housing Society Limited [Proposed] (“SRA Society”).
Vide Development Agreement dated 25th September 2013 executed by the
promoters of the SRA Society in favour of the Developers herein, the
promoters of the SRA Society [acting on behalf of all the occupants of all the
structures standing on the SRA Land] have granted to the Developers the
right to develop the SRA Land as a slum rehabilitation scheme on the terms

7
 and conditions more particularly set out therein. The said Agreement
categorically records as follows:
A. Clause 26: That the Developer shall be entitled to form two separate
societies, one in respect of the Rehab Building and the other in respect of
the said Building;
B. Clause 27: That eventually respective portions of land can be conveyed to
the SRA Society and to the society formed in respect of the said Building
or in the alternative a lease may be granted to the SRA Society in respect
its respective land.
pp. Vide Development Agreement dated 13th February 2017 made between the
said Society of the One Part and the Developers herein of the Other Part,
which is registered at the office of the Sub-Registrar of Assurances at Kurla-5
under Serial No. KARAL/5-1496 of 2017, the said Society granted to the
Developers herein the development rights in respect of the Demised Land,
which development was to be carried out by demolishing the existing
building of the said Society. Under the Development Agreement, the
Developers herein were under an obligation to obtain the reversionary rights
in respect of the Demised Land and then to convey the Demised Land to the
said Society as per the terms and conditions enshrined in the Development
Agreement.
qq. The Larger Piece of Land is hereinafter referred to as “the Project Land” since
the intention is to develop the Larger Piece of Land by using the entire
development potential of the Larger Piece of Land including benefits /
potential arising out of the DP Road Land, the Playground Land and the
School Land.
rr. The Executive Engineer, Slum Rehabilitation Authority has sanctioned a
layout of the Project Land under which the Project Land is divided into three
portions:
a. One portion admeasuring ____________ square metres on which a
building having two wings, (I) one wing having part stilt and part
ground floor plus 14 upper floors meant for rehabilitating the
occupants under the slum rehabilitation scheme [i.e. the members of
the SRA Society] and (II) one wing having ground plus 5 upper floors
meant for the municipal school, will be constructed [“Rehab
Building”]. This portion of the land has been delineated in _____
coloured boundary on the layout plan which is annexed hereto as

8
 Annexure E and it is described more particularly in the
SixthSchedule hereunder (“Rehab Building Land”);
b. Internal road having aggregate area of ____________ square metres,
which has been delineated in _____ coloured boundary on the layout
plan which is annexed hereto asAnnexure E(“Internal Road Land”);
c. Portion of the land which is reserved for playground and which is to
be left vacant, which portion of the land has been delineated in _____
coloured boundary on the layout plan which is annexed hereto
asAnnexure E(“Playground Land”); and
d. Portion of land on which one building having four wings, each wing
having stilt, two podiums and 17 upper floors comprising entirely of
residential premises (“said Building”) will be constructed, which
portion of the land has been delineated in _____ coloured boundary on
the layout plan which is annexed hereto as Annexure Eand it is
described more particularly in the SeventhSchedule hereunder
(“said Building Land”).
ss. In due course of time the Developers have demolished all the structures
standing on the Project Land.
tt. The Slum Rehabilitation Authority has issued the commencement certificate
dated 27th April 2017 bearing No. SRA/ENG/3827/MW/PL/AP in respect of
the plans of the Rehab Building and has issued the commencement certificate
dated 27th April 2017 bearing No. SRA/ENG/3897/MW/PL/AP in respect of
the plans of the said Building. While the said Building is proposed to
comprise of stilt, two podiums and 12 upper floors, at present the
commencement certificate has been issued only in respect of plans for stilt,
two podiums and 8 upper floors. A copy of the commencement certificate in
respect of the said Building is annexed hereto as Annexure F.
uu. The Developer has begun construction of the Rehab Building and the said
Building out of which the said Building is to be known as “Safal Trademark”.
vv. The Developer will be completing the project in two phases as follows:
A. Phase I comprising of (i) the Rehab Building, (ii) Wing ___ of the
said Building upto the 12th floor and (iii) Wing ___ of the said
Building upto the 12th floor; and
B. Phase II comprising of (i) 12th to 17th floor of the Wing ____ of the
said Building, (ii) 12th to 17th floor of the Wing ____ of the said
Building, (iii) Wing ___ of the said Building upto the 17 th floor and
(iv)Wing ___ of the said Building upto the 17th floor.

9
ww. The Allottee has approached the Developer with a proposal to purchaseFlat
bearing No. ______in the wing ____ of the said Building being constructed on
the said Building Land which forms a part of the Project Land having carpet
area of ____ Sq. Ft. on the ___thfloor of the said Building, which flat is more
particularly described in the EightSchedule hereunder written (hereinafter
called “the said Apartment / the said Apartment”) for the lumpsum price of
Rs. ______________/- (Rupees _________________________________________________) which
price is to be paid after deducting therefrom TDS at the rate of 1% which will
be deposited by the Allottee to the credit of the income tax account of the
Developer.
xx. The Developer has therefore agreed to allot and sell the said Apartment to
the Allottee herein at the lumpsum price of Rs. _____________/- (Rupees
________________________________________________________).
yy. The Developer has represented to the Allottee that the said Apartment form
a part of the free sale apartment and thus the Developer is entitled to sell the
said Apartment.
zz. The carpet area of the said Apartment is ........... square meters and carpet area
means the net unable floor area of an apartment, excluding the area covered
by the external walls, areas under services shafts, exclusive balcony
appurtenant to the said Apartment for exclusive use of the Allottee or
varandah area and exclusive open terrace area appurtenant to the said
Apartment for exclusive use of the Allottee, but includes the area covered by
the internal partition walls of the apartment.
aaa. An authenticated copy of the floor plan of the floor of the said Building on
which the said Apartment is to be located as sanctioned by the MCGM is
annexed hereto as Annexure G.
bbb. An authenticated copy of the sanctioned plan of the said Building which
shows the layout of the Project Land including the location of the said
Building and location of the open spaces is annexed hereto as Annexure H.
ccc. The Developer has registered the project under the provisions of the said Act
(as defined below) with the Real Estate Regulatory Authority at ................ no.
.............. A copy of the document evidencing such registration is annexed
hereto as Annexure I.
ddd. The Developershave appointed an Architect and a Structural Engineer for the
preparation of the plans and structural designs and drawings respectively of
the said Building and the Developers accept the professional supervision of

10
 the said Architect and the said Structural Engineer till the completion of the
said Building.
eee. The Allottee demanded from the Developers and the Developers have given
inspection to the Allottee of all the documents of title relating to the
ProjectLand, and the plans, designs and specification prepared by the
Developers’ Architects___________________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 “MOFA”) and the Rules made thereunder as also in
the Real Estate (Regulation and Development) Act, 2016 and the Rules made
thereunder [hereinafter referred to as “RERA / said Act”].
fff. The title of the said Society to the said Larger Property and the right of the
Developers to develop the Project Land and to sell the free sale
apartmentshas been duly certified as clear and marketable by Advocate
_________________________________by his/their Title Certificate dated
_________________, copies whereofare annexed hereto as Annexure J.
ggg. While sanctioning the said plans the concerned local authority and/or
Government has laid down certain terms conditions, stipulations and
restrictions which are to be observed and performed by the Developers
while developing the ProjectLand and constructing the said Building and
upon due observance and performance whereof the occupation and/or
Completion Certificate in respect of the said Building shall be granted by the
concerned local authority.
hhh. The Parties relying on the confirmation, representations and assurances of
each other to faithfully abide by all the terms, conditions and stipulations
contained in this Agreement and all applicable laws, are now willing to enter
into this Agreement on the terms and conditions appearing hereinafter.
iii. Prior to the execution of these presents the Allottee has paid to the
Developer a sum of Rs……….........../- (Rupees ....................................................................
only) being part payment of the sale consideration of the Apartment agreed
to be sold by the Developer to the Allottee as earnest money deposit (the
payment and receipt whereof the Developer doth hereby admit and
acknowledge) and the Allottee has agreed to pay to the Developer the
balance of the sale consideration in the manner hereinafter appearing.
jjj. Under section 13 of the said Act the Developer is required to execute a
written Agreement for sale of said Apartment with the Allottee, being in fact

11
 these presents and also to register said Agreement under the Registration
Act, 1908.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND

BETWEEN THE PARTIES HERETO AS FOLLOWS:-
1. The Developers shall construct the said Buildingon the Project Land in
accordance with the plans, designs, specifications approved by the concerned
local authority from time to time. Provided that the Developer shall have to
obtain prior consent in writing of the Allottee in respect of variations or
modifications which may adversely affect the Apartment of the Allottee
except any alteration or additions required by any Government authorities or
due to change in law. The Allottee hereby expressly consents to the
Developer constructing the additional floors and wings of the said Building in
execution of the Phase II as described in the recitals above. The Allottee
hereby further expressly consents to the Developer submitting the proposed
floor plans for the portions comprising of the Phase II, which have been
annexed hereto as Annexure ___ to the MCGM for approval. The consent
granted by the Allottee to the Developer under this clause shall be construed
to be consent as required by Sections 14(2)(i) and 14(2)(ii) of the said Act.
The Allottee hereby agrees and undertakes to sign such further documents in
future as may be necessary for the purpose of facilitating execution of the
Phase II.
2. The Allottee hereby agrees to purchase from the Developers the said
Apartment and the Developers hereby agree to sell to the Allottee the said
Apartmentviz. Flat bearing No. ____ having carpet area of _______ Sq. Ft. (which
is inclusive of the area constructed using the compensatory fungible FSI) on
the ____ floor of the ___ Wing of the said Building being constructed on the
said Building Land, which flat is more particularly described in the Eighth
Schedule hereunder written, for the lumpsum price of Rs. ___________/-
(Rupees __________________________________________________ only) including
Rs................../- being the proportionate price of the proportionate undivided
share in the common areas and facilities and in the limited common areas
and facilities which are listed in the Ninth Schedule hereunder, appurtenant
to the premises.

3. The Allottee hereby agrees to purchase from the Developer and the
Developer hereby agrees to sell to the Allottee covered parking spaces
bearing Nos. ......... situated in the stilt / first podium / second podium of the

12
 said Building (“said Parking Space”) for the consideration of Rs….............../-
with the intent and purpose that such car parking space shall be used
exclusively in connection with the said Apartment.
4. The total aggregate consideration thus payable by the Allottee to the
Developer for the said Apartment and the said Parking Space is Rs.
_________________/- (Rupees __________________________________ only) [“Total Price”].
5. The Allottee has, prior to the execution of this Agreement, satisfied himself /
herself/themselves about the rights of the Developers to sell the said
Apartment and the right of the Developer to develop the Project Land and the
Allottee shall not be entitled to further investigate the right of the Developer
and no requisition or objections shall be raised upon any matter relating
thereof.
6. The Allottee has on or before the execution of this Agreement paid to the
Developers the sum of Rs.______________/- (Rupees
_______________________________________ only), being ______ % of the total
consideration as earnest money (the payment and receipt whereof the
Developers do hereby admit and acknowledge). The Allottee hereby agrees
to pay to the Developers the balance amount of purchase price of
Rs.__________________/- (Rupees _____________________________________________ only) in
accordance with the schedule as set out below which is hereinafter referred
to as “the Payment Plan”:
a. Rs. __________/- (Rupees _________________________________________ only)
being ___% of the total consideration on completion of the plinth of the
said Building;
b. Rs. ___________/- (Rupees _________________________________________ only)
being ____ % of the total consideration on completion of each slab of
the said Building;
c. Rs. __________/- (Rupees ___________________________________________ only)
being _____ % of the total consideration on commencement of brick
work of the said Building;
d. Rs. ___________/- (Rupees ________________________________________ only)
being _____% of the total consideration on commencement of plaster
work of the said Building;
e. Rs. ___________/- (Rupees ________________________________________ only)
being _____% of the total consideration on commencement of
plumbing, electrical and tiling work of the said Building;

13
 f. Rs. ___________/- (Rupees _________________________________________ only)
being _____ % of the total consideration within seven days of the
Developers informing the Allottee that the said Apartment is ready for
use and occupation and that the occupation certificate in respect of
the said Building has been obtained.
7. The Allottee agrees and undertakes that the Allottee shall deduct TDS at the
rate of 1% at the time of paying each installment of the lumpsum price and
shall deposit the same within _____ days of the deduction with the Income Tax
Department to the credit of the income tax account of the Developer. The
Allottee hereby undertakes to furnish the Developer with copies of (i)
___________ and (ii) _____________, for showing deposit of the TDS within ____ days
of the deduction, failing which (A) the amount of TDS deducted shall be
shown by the Developer as due and payable by the Allottee in the books of
accounts of the Developer and (B) the Allottee shall be deemed to have
defaulted in paying the concerned installment of the lumpsum price to the
extent of the TDS amount. In such situation the Developer shall be entitled to
all rights and remedies (including the right to claim interest on delayed
payment) as are available to the Developer under this Agreement in respect
of delayed payment of installments.
8. The Total Price above excludes taxes (consisting of tax paid or payable by the
Developer by way of Value Added Tax, Good and Service Tax [GST], and Cess
or any other similar taxes which may be levied in connection with the
construction of and carrying out the Project payable by the Developer) up to
the date of handing over the possession of the said Apartment.
9. The Total Price is escalation-free, save and except escalations/increases, due
to increase on account of development charges payable to the competent
authority and/or any other increase in charges which may be levied or
imposed by the competent authority Local Bodies/Government from time to
time. The Developer undertakes and agrees that while raising a demand on
the Allottee for increase in development charges, cost, or levies imposed by
the competent authorities etc., the Developer shall enclose the said
notification/order/rule/regulation published/issued to the Allottee, which
shall only be applicable on subsequent payments.

10. The Developer shall confirm the final area that has been allotted to the
Allottee after the construction of the Building is complete and the occupancy
certificate is granted by the competent authority, by furnishing details of the

14
 changes, if any, in the carpet area, subject to a variation cap of three percent.
The total price payable for the carpet area shall be recalculated upon
confirmation by the Developer. If there is any reduction in the carpet area
within the defined limit then the Developer shall refund the excess money
paid by Allottee within forty-five days with annual interest at the rate
specified in the Rules framed under the said Act, from the date when such an
a\excess amount was paid by the Allottee. If there is any increase in the
carpet area allotted to Allottee, the Promoter shall demand additional
amount from the Allottee as per the next milestone of the Payment Plan. All
these monetary adjustments shall be made at the same rate per square meter
as agreed in Clause ____ of this Agreement.
11. The Allottee authorises the Developer to adjust/appropriate all payments
made by him/her under any head(s) of dues against lawful outstanding, if
any, in his/her name as the Developer may in its sole discretion deem fit and
the Allottee undertakes not to object/demand/direct the Developer to adjust
his payments in any manner.
12. The Developer hereby agrees 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
Apartment to the Allottee, obtain from the concerned local authority
occupancy in respect of the said Apartment.
13. Time is essence for the Developer as well as the Allottee. The Developer shall
abide by the time schedule for completing the project and handing over the
said Apartment to the Allottee after receiving the occupancy certificate.
Similarly, the Allottee shall make timely payments of the instalment and
other dues payable by him/her and meeting the other obligations under the
Agreement subject to the simultaneous completion of construction by the
Developer.
14. The Developer hereby declares that the Floor Space Index available as on
date in respect of the Project Land is ............................ square meters only if
development were to be done as per Regulation 32 of the Development
Control Regulations, 1991. However, since the Project Land is being
developed under Regulation 33(10) of the Development Control Regulations,
1991, the total development potential that is proposed to be used in the
Project is ____________ square metres inclusive of TDR, FSI available on
payment of premiums and compensatory fungible FSI. The Allottee has

15
 agreed to purchase the said Apartment based on the proposed construction
and sale of apartments to be carried out by the Developer by utilising the
aforesaid development potential.
15. If the Developer fails to abide by the time schedule for completing the project
and handing over the said Apartment to the Allottee, the Developer agrees to
pay to the Allottee, who does not intend to withdraw from the project,
interest as specified in the Rule framed under the said Act, on all the amounts
paid by the Allottee, for every month of delay, till the handing over of the
possession. The Allottee agrees to pay to the Developer, interest as specified
in the Rules framed under the said Act on all the delayed payment which
become due and payable by the Allottee to the Developer under the terms of
this Agreement from the date the said amount is payable by the allottee(s) to
the Developer.
16. Without prejudice to the right of the Developer to charge interest in terms of
clause ___ above, on the Allottee committing default in payment on due date
of any amount due and payable by the Allottee to the Developer under this
agreement (including his/her proportionate share of taxes levied by the
concerned local authority and other outgoings) and on the Allottee
committing three defaults of payment of installments, the Developer may at
his own option, terminate this Agreement. Provided that the Developer shall
give notice of fifteen days in writing to the Allottee, by Registered Post AD at
the address provided by the Allottee and mail at the e-mail address provided
by the Allottee, of his intention to terminate this Agreement and of the
specific breach or breaches of terms and conditions in respect of which it is
intended to terminate the Agreement. If the Allottee fails to rectify the breach
or breaches mentioned by the Developer within the period of notice then at
the end of such notice period, the Developer shall be entitled to terminate
this Agreement. Provided further that upon termination of this Agreement as
aforesaid, the Developer shall refund to the Allottee (subject to adjustment
and recovery of any agreed liquidated damages or any other amount which
may be payable to Developer) within a period of thirty days of the
termination, the installments of sale consideration of the Apartment which
may till then have been paid by the Allottee to the Developer without interest
after forfeiting the earnest money deposit. The Developer shall not be liable
to pay to the Allottee any interest, compensation, damages, costs, otherwise.
The said amount shall be accepted by the Allottee in full and final satisfaction
of all their claim under this Agreement and/or in or to the said Apartment.

16
 On such termination, the Allottee shall cease to have any right title interest
whatsoever in the said Apartment and the said Parking Space and under this
Agreement and the Developers shall be entitled to deal with the said
Apartment and the said Parking Space in manner that they deem fit including
selling the same to any other party.
17. The Allottee agrees that all increased/future/additional F.S.I. in respect of
the Project Land or any other development potential (by whatever name
called) that may become available in respect of the Project Land after the
date of this Agreement shallbe dealt with as per the provisions of the above
referred Development Agreementdated 13th February 2017 executed by the
said Society and the Development Agreement dated 25th September 2013
executed by the SRA Society.
18. The Developer shall give possession of the said Apartment to the Allottee on
or before ........... day of ........ 20____. If the Developer fails or neglects to give
possession of the said Apartment to the Allottee on account of reasons
beyond its control and of its agents by the aforesaid date then the Developer
shall be liable on demand to refund to the Allottee the amounts already
received by it in respect of the said Apartment with interest at the same rate
as may mentioned in the clause ____ herein above from the date the
Developer received the sum till the date the amounts and interest thereon is
repaid. On such refund being given to the Allottee, this Agreement shall stand
terminated and thereupon, neither party shall have any right or claim against
the other under this Agreement or otherwise howsoever. The Allottee shall
accept the aforesaid refund in full and final satisfaction of all their claim
under this Agreement or otherwise. Provided that the Developer shall be
entitled to reasonable extension of time for giving delivery of the said
Apartment on the aforesaid date, if the completion of said Building is delayed
on account of.
(i) War, civil commotion or act of God;
(ii) Any notice, order, rule, notification of the Government and/or other
public or competent authority/court;
(iii) delay in issuance of the NOCs/ Licenses / Occupation Certificate by
the MCGM or any other authority; and/or
(iv) inaction on the part of any statutory authority including the MCGM or
any of its departments.
19. Procedure for taking possession – The Developer, upon obtaining the
occupancy certificate from the competent authority and the payment made

17
 by the Allottee as per the agreement shall offer in writing the possession of
the said Apartment, to the Allottee in terms of this Agreement to be taken
within 15 days from the date of issue of such notice. The Developer agrees
and undertakes to indemnify the Allottee in case of failure of fulfillment of
any of the provisions, formalities, documentation on part of the Developer.
The Allottee agrees to pay the maintenance charges as determined by the
Developer.
20. Failure of Allottee to take possession of the said Apartment: Upon receiving a
written intimation from the Developer as per Clause __ above, the Allottee
shall take possession of the said Apartment from the Developer by executing
necessary indemnities, undertakings and such other documentation as the
Developer may prescribe. In case the Allottee fails to take possession within
the time provided in clause ___, such Allottee shall continue to be liable to pay
maintenance charges as applicable.
21. If within a period of five years from the date of handing over the said
Apartment to the Allottee, the Allottee brings to the notice of the Developer
any structural defect in the said Apartment or the said Building or any
defects on account of workmanship, quality or provision of service, then,
wherever possible such defects shall be rectified by the Developer at its own
cost and in case it is not possible to rectify such defects, then the Allottee
shall be entitled to receive from the Developer, compensation for such defect
in the manner as provided under the said Act. Provided that the Developer
shall not be liable to rectify any defects/ change or pay compensation for
such defect or change if such defect has arisen on account of or such change
has arisen on account of any internal and/or structural changes carried out
by the Allottee in the said Apartment.
22. The Allottee shall use the said Apartment or any part thereof or permit the
same to be used only for purpose of residence. The Allottee shall use the said
Parking Space only for the purpose of parking his or his family’s or his
licensee’s light motor vehicles.
23. After all amounts payable by the Allottee to the Developer under this
Agreement are paid, the Developer shall send a letter to the said Society
recommending that the Allottee be admitted to the membership of the said
Society, which letter shall be accompanied by a copy of the Agreement.
Provided that, the said Society shall only admit such Allottee to its
membership after the Allottee has complied with (a) all provisions of the
byelaws of the said Society, and (b) all provisions of the Development

18
 Agreement, which are required to be complied with as a condition to grant of
membership.
24. On the earlier of (i) expiry of fifteen days after Notice in writing is given by
the Developers to the Allottee that the said Apartment are ready for use and
occupation and that the occupation certificate has been obtained and (ii)
actual taking over of possession of the said Apartment by the Allottee, the
Allotteeshall be liable to bear and pay and shall pay regularly every month on
or before the 10th day of every month the proportionate share (i.e. in
proportion to the carpet area of the said Apartment) of outgoing in respect
of the said Larger Piece of Land and the said Building namely local taxes,
development and betterment charges or such other levies charged by the
concerned local authority and/or government, meter deposits, water
charges, Insurance, common lights, repairs charges, salaries of clerks, bill
collectors, chowkidars, sweepers and all other expenses necessary and
incidental to the management and maintenance of the said Larger Piece of
Land and the said Building. Until the Allottee is admitted as a member by the
said Society, the Allotteeshall pay to the Developers such proportionate share
of outgoings as may be determined by the Developers. The Allottee further
agrees that till the Allottee’s share is so determined the Allottee shall pay to
the Developer provisional monthly contribution of Rs............../- per month
towards the outgoings. The amounts so paid by the Allotteeshall remain with
the Developeruntil a conveyance/assignment of lease of the structure of the
said Building or wing is executed in favour of the said Society. On such
conveyance/ assignment of lease being executed for the structure of the said
Building or wing the aforesaid deposits (less deduction provided for in this
Agreement) shall be paid over by the Developer to the said Society. Such
amounts shall not carry any interest.
25. The Allotteeshall on or before delivery of possession of the said Apartment
keep deposited with the Developersthe following amounts:-
a. share money (Rs. 500/-) and application and entrance fee of the said
Society (Rs. 100/-);
b. Rs. _____________/- towards proportionate share of the Allottee in the
legal expenses inter alia of the transaction hereby recorded;
c. Rs. _______________/- towards provisional monthly contribution to the
outgoings and maintenance as per Clause __ in advance for ____
months;

19
 d. Rs. _________________/- towards proportionate share of the Allottee in
the development charges as also other premium/s paid / payable to
the MCGM;
e. Rs. _________________/- towards water connection charges and deposits;
f. Rs. _________________/- towards proportionate share of the Allottee in
the expenses of electric meter installation, security deposit for the
electricity meter and erection of transformer, cable laying etc; and
g. Rs. _____________/- towards piped gas connection charges and deposits
.
The Developers shall not be liable to furnish any accounts in respect of the
utilisation of the aforesaid amount. At the time of putting the Allottee in
possession of the said Apartment if there has/have been any changes in any
of the aforesaid amounts or if any other tax / charge / duty (by whatever
name called) is/ are levied and/or is/are found to be then payable on the
transaction hereby envisaged either because of any amendment to the laws
presently prevailing or because of any new law then enacted or otherwise
howsoever, the Allottee does hereby agree to pay all such amounts to the
Developers before the Allottee can take possession of the said Apartment in
the manner hereby envisaged.
26. The Allottee shall pay to the Developers a sum of Rs……….......... for meeting all
legal costs, charges and expenses, including professional costs of the
Attorney-at-Law/ Advocates of the Developer in connection with the cost of
preparing and engrossing the conveyance or assignment of lease of the said
Building and the said Building Land.
27. At the time of registration of conveyance or Lease of the said Building or a
part of it, the Allottee shall pay to the Developer, the Allottees’ share of stamp
duty and registration charges payable by the said Society on such conveyance
or lease or any document or instrument of transfer in respect of the structure
of the said Building / wing of the building. At the time of registration of
conveyance or lease of the said BuildingLand, the Allottee shall pay to the
Developer, the Allottees’ share of stamp duty and registration charges
payable, by the said Society on such conveyance or lease or any document or
instrument of transfer in respect of the said Building Land to be executed in
favour of the said Society.

20
28. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER
The Developer hereby represents and warrants to the Allottee that except as
disclosed in the recitals hereof and in the title certificate issued by Advocate
______________________________________:
a. The Developer has clear and marketable title with respect to the
Project Land as declared in the title report annexed to this Agreement
and they have the requisite right to carry out development upon the
Project Land and also have actual physical and legal possession of the
Project Land for the implementation of the Project.
b. The Developer has lawful rights and requisite approvals from the
competent Authorities to carry out development of the Project and
shall obtain requisite approvals from time to time to complete the
development of the project.
c. There are no encumbrances upon the Project Land or the Project
except those disclosed in the title report.
d. There are no litigations pending before any Court of law with respect
to the Project Land or Project except those disclosed in the title
report.
e. All approvals, licenses and permits issued by the competent
authorities with respect to the Project, Project Land and said Building
are valid and subsisting and have been obtained by following due
process of law. Further all approvals, licenses and permits to be
issued by the competent authorities with respect to the Project,
Project Land and the said Building shall be obtained by following due
process of law and the Developer has been and shall, at all times,
remain to be in compliance with all applicable laws in relation to the
Project, Project Land, the said Building and common areas.
f. The Developer has the right to enter into this Agreement and has not
committed or omitted to perform any act or thing, whereby the right,
title and interest of the Allottee created herein, may prejudicially be
affected.
g. The Developer has not entered into any agreement for sale and/or
development agreement or any other agreement / arrangement with
any person or party with respect to the Project Land, including the
Project and the said Apartment which will, in any manner, affect the
rights of Allottee under this Agreement.

21
 h. The Developer confirms that the Developer is not restricted in any
manner whatsoever from selling the said Apartment to the Allottee in
the manner contemplated in this Agreement.
i. The Developer has duly paid and shall continue to pay and discharge
undisputed governmental dues, rates, charges and taxes and other
monies, levies, impositions, premiums, damages and/or penalties and
other outgoings, whatsoever, payable with respect to the said project
to the competent Authorities;
j. At the time of execution of the conveyance deed / lease deed of the
said Building and the said Building Land in favour of the said Society,
the Developer shall handover lawful, vacant, peaceful, physical
possession of the common areas of the said Building to the said
Society.
k. No notice from the Government or any other local body or authority
or any legislative enactment, government ordinance, order,
notification (including any notice for acquisition or requisition of the
said property) has been received or served upon the Developer in
respect of the Project Land and/or Project.
29. The Allottee for himself and his heirs with intention to bind all persons into
whatsoever hands the said Apartment may come, doth hereby covenant with
the Developers as follows:-
(a) To maintain the said Apartment at Allottee’s own cost in good
tenantable repair and condition from the date of possession of the
said Apartment is taken and shall not do or suffer to be done anything
in or to the said Building, staircase or any passages which may be
against the rules, regulations or bye-laws of concerned local or any
authority or of the byelaws of the said Societyor change/alter or make
addition in or to the said Building and the said Apartment itself or any
part thereof.
(b) Not to store in the said Apartmentany goods which are of hazardous,
combustible or dangerous nature or are so heavy as to damage the
construction or structure of the said Building 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 to the upper
floors, which may damage or which are likely to damage the
staircases, common passages or any other structure of the said
Building including entrances of the said Building and in case any

22
 damage is caused to the said Building or the said Apartment on
account of negligence or default of the Allottee in this behalf, the
Allottee shall be liable for the consequences of the breach. The
Allotteewill not store any articles on any part of the common areas,
stair case landing, terrace. The Allottee shall not make changes in the
exterior, outside elevation, inside passages and staircases or the
colour scheme which will disturb the overall look, feature of the
buildings.
(c) To carry out at his own costs all internal repairs to the said Apartment
and maintain the said Apartment in the same condition, state or order
in which it was delivered by the Developers to the Allottee and shall
not do or suffer to be done anything in or to the said Building or the
said Apartment which may be against the rules and regulations and
bye laws of the concerned local authority or other public authorityor
of the said Society. And in the event of the Allottee committing any act
in contravention of the above provision, the Allottee 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 Apartment or any
part thereof, nor at any time make or cause to be made any addition
or alteration of whatever nature in or to the said Apartment or any
part thereof, nor any alteration in the elevation and outside color
scheme of the said Building and shall keep the portions, sewers,
drains, pipes in the said Apartment and appurtenances thereto in
good tenantable repair and condition and in particular, so as to
support shelter and protect the other parts of the said Building and
shall not chisel or in any other manner damage the columns, beams,
walls, slabs or RCC Pardis or other structural members in the said
Apartment without the prior written permission of the Developers
and of the said Society.
(e) Not to do or permit to be done any act or thing which may render void
or voidable any insurance of the ProjectLand and the said Building or
part thereof or whereby any increased 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 Apartment in the compound or any
portion of the ProjectLand and the said Building and also not to keep

23
 any pots or plants in the windows or on the chajjas or at such places
which will spoil the exterior colour of the building and which also may
cause leakage in future.
(g) To pay to the Developers within fifteen days of demand by the
Developers his share of security deposit, premium or other payment
demanded by concerned local authority, Government, Maharashtra
State Electricity Board, Tata Power, Reliance Energy or other
electricity supply company for or in connection with giving water,
electricity or any other service connection to the said Building.
(h) To bear and pay (i) non-occupancy charges payable in case the said
Apartment is granted on leave and license, (ii) contribution to sinking
fund and repairs fund, (iii) increases in local taxes, water charges,
insurance and such other levies 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 Apartment viz. user for any
purposes other than for the purpose for which it is sold.
(i) To comply with all provisions of the Development Agreement dated
13th February 2017 executed by the said Society and the Development
Agreement dated 25th September 2013 executed by the SRA Societyto
the extent that they are applicable to a purchaser of Free Sale
Apartment.
(j) The Allottee shall not let, sub-let, transfer assign or part with the said
Apartment or Allottee’s interest or benefit of this Agreement or part
with the possession of the said Apartment until all the dues payable
by the Allotteeto the Developers under this Agreementare fully paid
up and only if the Allotteehad not been guilty of breach or non-
observance of any of the terms and conditions of this Agreement.
(k) The Allottee shall observe and perform all the rules, regulations and
bye laws of the said Society and the additions, alterations or
amendments thereof that may be made from time to time for
protecting and maintenance of the said Building and the Apartment
therein and/or for the observance and performance of the building
Rules, Regulations and bye-laws of the time being of the concerned
local authority and of Government and other public bodies. The
Allottee shall also observe and perform all the stipulations and
conditions laid down by the said Society regarding the occupation and
use of the premises in the said Building and shall pay and contribute

24
 regularly and punctually towards the taxes, expenses or other
outgoings in accordance with the terms of this Agreement and in
accordance with the bye laws of thesaid Society.
(l) Till the date when the Deed of Conveyance / Lease Deed in respect of
the said Building and the said Building Land is executed in favour of
the said Society, the Allottee shall permit the Developers and their
surveyors and agents, with or without workmen and others, at all
reasonable times, to enter into and upon the Project Land and the said
Building or any part thereof to view and examine the state and
condition thereof.
30. The Allottee shall not at any time demand partition of his/her/their interest
in the said Apartment and/or in the Project Land and the said Building and it
is hereby agreed and declared that the interest of the Allottee in the said
Apartment and in the Project Land and the said Building cannot be
partitioned.
31. After possession of the said Apartment is handed over or is deemed to have
been handed over to the Allottee, if any additions or alterations on the
Project Land or in respect of the said Building is required to be carried out by
the MCGM or any government, local and/or statutory authority, the same
shall be carried out by the Allottee in cooperation with the other purchasers
of premises at their own costs and the Developer shall not in any way be
liable for the same.
32. The Allottee hereby agrees that in the event of any amount by way of
premium or security deposit becoming payable to the Municipal Corporation
Of Greater Mumbai or to the State Government or betterment charges or
development tax or security deposit for the purpose of giving water
connection, drainage connection and electricity connection or any other tax
or payment of a similar nature becoming payable by the Developers, the
same shall be paid by the Allottee to the Developers in proportion to the built
up area of the said Apartment and in determining such amount, the decision
of the Developers shall be final and binding upon the Allottee. It is agreed
that the betterment charges referred hereinabove shall mean and include
pro-rata charges which the Allottee may be called upon to pay by the
Developers in respect of installation of water line, water mains, sewerage
line, sewerage mains, electric cables, electric sub-station (if any) making and
maintaining of internal roads, and access to the said property, drainage, lay
out and all other facilities.

25
33. Nothing contained in this Agreement is intended to be nor shall be construed
as a grant, demise or assignment in law of the said Apartment or of the
ProjectLand and the said Building or any part thereof. The Allottee shall have
no claim save and except in respect of the said Apartmentand the said
Parking Space hereby agreed to be sold to him. All parking spaces, open
spaces, lobbies, staircases, terraces, recreation spaces, lifts etc. will remain
the property of the Developersor of the concerned cooperative societyas
provided in Development Agreement dated 13th February 2017 executed by
the said Society and the Development Agreement dated 25th September 2013
executed by the SRA Society. TheAllottee hereby consents to the Developer
being entitled to sell and/or allot exclusively to any other purchaser or
otherwiseall parking spaces without being required to grant to the Allottees
any rebate / refund or reduction in the lumpsum price and other amounts
payable by the Allottee to the Developer under this Agreement.
34. The Allottee hereby expressly undertakes and covenants with the Developers
that the Allottee shall be entirely responsible and liable to bear (i) the Goods
and Service Tax (GST) and any other taxes, cesses, levies or dues (by
whatever name called) that may be payable (whether at present or in future)
in respect of the sale of the said Apartment to the Allottee by the Developers
under this Agreement and (ii) proportionate share of the premium or other
amount (by whatever name called) as may be demanded by any government
authority in connection with development of the Project Land and
construction of the said Building thereon and sale/ transfer of the various
premises in the said Building by the Developers in favour of various
purchasers (as and when demanded).
The Allottee along with other allottee(s)s of Apartments in the said Building
make necessary applications for being admitted as a member of the said
Society and for this purpose also from time to time sign and execute the
application for membership. While as on the date of this Agreement the said
Society is only entitled to leasehold rights in respect of the Demised Land, the
intention is to eventually either convey or grant a lease in respect of the said
Building Land to the said Society and therefore the purchasers of the
apartments in the said Building will be admitted as members of the said
Society.

26
35. The Developer shall, within three months of the issuance of the occupation
certificate in respect of the portion of the said Building [to the extent
proposed to be constructed as part of the concerned Phase of which the said
Apartment forms a part], cause to be transferred to the said Society all the
right, title and the interest of the Developer in such portion of the said
Building either by executing a Deed of Conveyance or a Lease Deed, as
permitted by law. The Developer shall within three months of the issuance of
the occupation certificate in respect of the full said Building [i.e. the full
building including all wings and all floors as constructed as part of Phase I
and Phase II] cause to be transferred to the said Society all the right, title and
the interest of the Developer in remaining portion of the said Building and in
the said Building Land either by executing a Deed of Conveyance or a Lease
Deed, as permitted by law.
36. The Internal Road Land and the Playground Land will be transferred to the
MCGM or will otherwise be dealt with in such manner as is permitted by
applicable law and as is permitted / required by the MCGM.
37. The Rehab Building Land or a portion thereof will be transferred to the SRA
Society as required by applicable law and by the policies, rules and
regulations if the Slum Rehabilitation Authority.
38. It is hereby expressly recorded that the consideration for the said
Apartmentand the said Parking Space under this Agreement, has been
mutually arrived at including after taking into consideration the fact that
even after completion of construction of the said Building, the Developer will
continue to have certain rights as have been conferred upon them under the
Development Agreement dated 13th February 2017 executed by the said
Society and the Development Agreement dated 25th September 2013
executed by the SRA Societyand the Allottee hereby agrees not to make any
claim for damages or abatement in the agreed purchase price on any account
whatsoever.
39. The Developer shall always have first lien and charge on the said Apartment
agreed to be purchased by the Allottee in respect of any amount remaining
unpaid by the Allottee under the terms and conditions of this Agreement.
40. In the event of the transaction hereby recorded being subjected to any tax
which is not presently leviable thereon, the burden of such tax shall have to
be borne and paid by the Allottee irrespective of the provisions in this behalf
contained in the statute and/or notification imposing such tax.

27
41. In case of failure and/or neglect on the part of the Allottee so to pay any
amount payable by the Allottee to the Developer within the time period
stipulated hereunder or within the time period stipulated in the notice under
which such amount is demanded by the Developer, the Developer in its
absolute discretion may be entitled but not bound to appropriate any amount
paid by the Allottee to the Developer towards the consideration for the said
Apartment as is herein recorded as the amount so due to the Developer and
to treat the Allottee as defaulter in paying the agreed installment of the
consideration herein recorded in which case the Developer shall be entitled
to take against the Allottee such steps as are herein stipulated in this behalf.
42. Any delay tolerated or indulgence shown by the Developers in enforcing the
terms of this Agreement or any forbearance or giving of time to the Allottee
by the Developers shall not be construed as a waiver on the part of the
Developers of any breach or non-compliance of any of the terms and
conditions of this Agreement by the Allottee nor shall the same in any
manner prejudice the rights of the Developers.
43. The Allottee shall present this Agreement at the proper registration office for
registration within the time limit prescribed by the Registration Act, 1908
and the Developers will attend at such office and admit execution thereof.
44. The stamp duty on these presents,registration charges thereof and any other
incidental charges in connection with payment of stamp duty and/or
registration shall be payable by the Allotteealone.
45. It is clearly brought to the notice of the Allottee and the Allottee is made
aware that Government has imposed GST and therefore the Allottee herein is
entirely liable and responsible to bear and pay the such taxes and other
levies as imposed by the government authorities as and when called upon by
the Developer and the Allottee agrees and assures to pay the same without
any delay.
46. The Allottee also agrees and assures to pay as and when demanded by the
Developer prior to taking possession of the said Apartment:
a. Requisite amounts / charges towards electric charges, water
connection charges, statutory deposits, solar charges, stamp duty,
registration fees and maintenance charges and other outgoing charges
as may demanded by the Developer from time to time;
b. Requisite GST, Local Body Tax (LBT) as may be levied by the state
government and semi-government authorities.

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47. The Allottee hereby confirms the Development Agreement dated 13th
February 2017 executed by the said Society and the Development Agreement
dated 25th September 2013 executed by the SRA Society.
48. The Allottee is aware and the Allottee hereby acknowledges, confirms and
consents to the purchasers of premises in the portions of the project
constructed as part of Phase II being entitled to utilize the common amenities
and facilities listed in the Ninth Schedule hereunder in common with the
allottees of the apartments in Phase I.
49. All notices to be served on the Allottee or the Developer as contemplated by
this Agreement shall be deemed to have been duly served if sent to the
Allottee or the Developer, as the case may be, by registered post
acknowledgment due at his/her address mentioned specified below.
Allottee:
Viz. ______________________
___________________________
___________________________

Developer:
Viz. ______________________
___________________________
___________________________

It shall be the duty of the Allottee and the Developer to inform each other of
any change in address subsequent to the execution of this Agreement in the
above address by Registered Post failing which all communications and
letters posted at the above address shall be deemed to have been received by
the Developer or the Allottee, as the case may be.

50. In the event of there arising between the parties hereto any dispute of
whatsoever nature, either relating to the interpretation hereof or otherwise
howsoever, such dispute shall be resolved amicably. If such dispute cannot
be resolved amicably within a period of one month, then the same shall be
referred to the Maharashtra Real Estate Regulatory Authority in accordance
with the provisions of the said Act.

51. DEVELOPER SHALL NOT MORTGAGE OR CREATE A CHARGE

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 After the Developer executes this Agreement he shall not mortgage or create
a charge on the said Apartment and if any such mortgage or charge is made
or created then notwithstanding anything contained in any other law for the
time being in force, such mortgage or charge shall not affect the right and
interest of the Allottee who has taken or agreed to take such Apartment.

52. BINDING EFFECT

Forwarding this Agreement to the Allottee by the Developer does not create
a binding obligation on the part of the Developer or the Allottee until, firstly
the Allottee signs and delivers this Agreement with all the schedules along
with the payments due as stipulated in the Payment Plan within 30 (thirty)
days from the date of receipt by the Allottee and secondly, appears for
registration of the same before the concerned Sub-Registrar as and when
intimated by the Developer. If the Allottee(s) fails to execute and deliver to
the Developer this Agreement within 30 (thirty) days from the date of its
receipt by the Allottee and/or appear before the Sub-Registrar for its
registration as and when intimated by the Developer, then the Developer
shall serve a notice to the Allottee for rectifying the default, which if not
rectified within 15 (fifteen) days from the date of its receipt by the Allottee,
application of the Allottee shall be treated as cancelled and all sums
deposited by the Allottee in connection therewith including the booking
amount shall be returned to the Allottee without any interest or
compensation whatsoever.
53. ENTIRE AGREEMENT
This Agreement, along with its schedulers and annexures, constitutes the
entire Agreement between the Parties with respect to the subject matter
hereof and supersedes any and all understanding, any other agreements,
allotment letter, correspondences, arrangements whether written or oral, if
any, between the Parties in regard to the said Apartment.
54. RIGHT TO AMEND
This Agreement may only be amended through written consent of the
Parties.
55. PROVISIONS OF THIS AGREEMENT APPLICABLE TO
ALLOTTEE/SUBSEQUENT ALLOTTEES
It is clearly understood and so agreed by and between the Parties hereto that
all the provisions contained herein and the obligations arising hereunder in
respect of the project shall equally be applicable to and enforceable against

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 any subsequent Allottees of the said Apartment, in case of a transfer, as the
said obligations go along with the said Apartment for all intents and
purposes.

56. SEVERABILITY
If any provision of this Agreement shall be determined to be void or
unenforceable under the said Act or the Rules and Regulations made
thereunder or under other applicable laws, such provisions of the Agreement
shall be deemed amended or deleted in so far as reasonably inconsistent with
the purpose of this Agreement and to the extent necessary to conform to the
said Act or the Rules and Regulations made thereunder or the applicable law,
as the case may be, and the remaining provisions of this Agreement shall
remain valid and enforceable as applicable at the time of execution of this
agreement.
57. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER
REFERRED TO IN THE AGREEMENT
Wherever in this Agreement it is stipulated that the Allottee has to make any
payment, in common with other allottee(s) in project, the same shall be in
proportion of the carpet area of the said Apartment to the total carpet area of
all the apartments in the Project.
58. FURTHER ASSURANCES
Both Parties agree that they shall execute, acknowledge and deliver to the
other such instruments and take such other actions, in additions to the
instruments and actions specifically provided for herein, as may be
reasonably required in order to effectuate the provisions of this Agreement
or of any transaction contemplated herein or to confirm or perfect any right
to be created or transferred hereunder or pursuant to any such transaction.
59. JOINT ALLOTTEES
That in case there are Joint Allottees all communications shall be sent by the
Developer to the Allottee whose name appears first and at the address given
by him/her which shall for all intents and purposes to consider as properly
served on all the Allottees.
60. GOVERNING LAW
That the rights and obligations of the parties under or arising out of this
Agreement shall be construed and enforced in accordance with the laws of

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 India for the time being in force and the Mumbai courts will have the
jurisdiction for this Agreement.

FIRST SCHEDULE ABOVE REERRED TO

(Description of the Large Property)
ALLTHAT piece of parcel of non-agricultural land situate in the village Chembur in
Registration Sub-District and District of Bombay Suburban,being Plot No.567,
Suburban Scheme No.III, Section “C” Little Malabar Hill, Chembur, Khate No.512 A,
Admeasuring about 8,102 sq.mtrs and shown in the plan annexed herewith as Ex-A
and bounded by red boundary line and the Structures bearing M Ward No.1613(1) E
17 Sion Trombay Road, M Ward No.16513 (1A) E/17 D, Little Malabar Hill, M Ward
No.1614, E 17 B, Sion- Trombay Road, M Ward No.1613 (2) 17 C, Sion Trombay
Road, M Ward No.1614 (2), E/17/F, Little Malabar Hill, M Ward No.1614 (3)
E/17/F, Little Malabar Hill, M Ward No.1615 – 18, E/17/A, Sion Trombay Road,
Standing and M Ward No. 1619 (2), 567, Sion Trombay Road, standing thereon and
bounded on or towards the East, West and South by the Property of the Sindhi
Immigrants Co-operative Housing Society Ltd., and on or towards North partly by
the road joining Sion Trombay Road and partly by the property of the Anand Nagar
Cooperative Housing Society Limited and partly by the road leading to the Bombay
Municipal Corporation Harijan Staff Quarters Property.

SECOND SCHEDULE ABOVE REERRED TO

(Description of the Trust property)
ALLTHAT piece of parcel of non-agricultural land situate in the village Chembur in
Registration Sub-District and District of Bombay Suburban, being Plot No.567,
Suburban Scheme No.III, Section “C” particularly described inthe First Schedule
above and admeasuring about 4,756 sq.mtrs and shown in the plan annexed
herewith as Ex-A and bounded by green boundary line and the Structures bearing
M Ward No.1613(1) E 17 Sion Trombay Road, M Ward No.1613 (2) 17 Sion
Trombay Road, M Ward No.1614 (3), E/17/F, Little Malabar Hill, M Ward No.1619
Plot No.567, Sion Trombay Rad., standing thereon and bounded on or towards the
East, West and South by the property of the Sindhi Immigrants Co-operative
Housing Society Ltd., and partly by the remaining portion of Plot No.567 and or
towards North partly by the road joining Sion- Trombay Road, and partly by the

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Property of The Anand Nagar Co-operative Housing Society Ltd., and partly by the
road leading to the Bombay Municipal Corporation Harijan Staff Quarters Property.

THIRD SCHEDULE ABOVE REERRED TO

(Description of the Remaining property)
ALLTHAT piece of parcel of non-agricultural land situate in the village Chembur in
Registration Sub-District and District of Bombay Suburban, being Plot No.567,
Suburban Scheme No.III, Section “C” Little Malabar Hill, Chembur, Khate No.512 A,
Admeasuring about 3344 sq.mtrs and shown in the plan annexed herewith as Ex-A
and bounded with Yellow boundary line and the Structures bearing M Ward
No.1613(1A) E/17 D, Little Malabar Hill, M Ward No.1614, E 17 B, Sion Trombay
Road, standing thereon and bounded on or towards the East, West and South by the
property of the Sindhi Immigrants Cooperative Housing Society Limited and or
towards North partly by the road joining Sion Trombay Road, and partly by the
Property of The Anand Nagar Co-operative Housing Society Ltd., and partly by the
road leading to the Bombay Municipal Corporation Harijan Staff Quarters Property.

FOURTH SCHEDULE ABOVE REERRED TO

(Description of Guru Ashish Portion)
ALL THAT pieces or parcel of non-Agricultural and admeasuring 2945 sq.mtrs and
being a portion of the Trust Property described in the Second Schedule above which
portion is delineated on the plan thereof hereto annexed as Ex-A and thereon shown
in Brown Coloured boundary line and bounded as follows:-
On or towards North : Partly by Road joining Sion-Trombay
Road, Partly by Property of Anand Nagar Society,
and partly by road leading to Harijan Staff Quarters.
On or towards East : By Property of Sindhi Immigrants Co-Op.
Hsg. Society Ltd.,
On or towards South : By remaining portion of Plot No.567,
On or towards West : By remaining Portion of Plot No.567.

FIFTH SCHEDULE ABOVE REERRED TO

(Description of the Demised Land)
ALL THAT pieces or parcel of non-Agricultural and admeasuring 698.6 sq.mtrs and
being a portion of the Property described in the Fourth Schedule above, which

33
Demised Land is delineated on the plan thereof hereto annexed as Ex-A and thereon
shown in Pink colour Wash and bounded as follows:-

On or towards North : By property of Sindhi Immigrants co-op.

Hsg. Society Ltd. .
On or towards East : By Property of Sindhi Immigrants Co-Op.
Hsg. Society Ltd.,
On or towards South : By remaining portion of Plot No.567,
On or towards West : By remaining Portion of Plot No.567.

SIXTH SCHEDULE ABOVE REERRED TO

(Description of the Rehab Building Land)
ALL THAT pieces or parcel of non-Agricultural and admeasuring _________ sq.mtrs
and being a portion of the Property described in the First Schedule above, which is
delineated on the plan thereof hereto annexed as ______ and thereon shown in
_________ and bounded as follows:-

On or towards North : By __________________;

On or towards East : By __________________;
On or towards South : By __________________; and
On or towards West : By __________________;

SEVENTH SCHEDULE ABOVE REERRED TO

(Description of the said Building Land)
ALL THAT pieces or parcel of non-Agricultural and admeasuring _________ sq.mtrs
and being a portion of the Property described in the First Schedule above, which is
delineated on the plan thereof hereto annexed as ______ and thereon shown in
_________ and bounded as follows:-

On or towards North : By __________________;

On or towards East : By __________________;
On or towards South : By __________________; and
On or towards West : By __________________;

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 EIGHTH SCHEDULE ABOVE REFERRED TO
(Description of the said Apartment)
Flat No. _________having carpet area of __________ sq.ft.being on the ___floor of the said
Buildingwhich is being constructed on the said Building Land described in the
Seventh Schedule above, whichflatis delineated in red colour on the floor plan of the
said Building at Annexure ___hereto and one car parking space in the stilt of the said
Building.
NINTH SCHEDULE ABOVE REFERRED TO
(Description of the Common Areas and Facilities and the Restricted Common Areas
and Facilities)
Lobby, Lifts landing, Society Office, Fitness Center, and Common facilities and
common areas for each member.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands and seals the day and year first hereinabove written.

SIGNED, SEALED AND DELIVERED )

BY THE WITHINNAMED DEVELOPER, )
JAI MATA DI HOME CONSTRUCTIONS )
PRIVATE LIMITED )
Through its director: )
_____________________________ )
Who has been authorized to sign this )
Agreement vide resolution passed at the )
meeting of the board of directors held )
on ___________________ )
In the presence of…… )

SIGNED SEALED AND DELIVERED )

By the withinnamed ALLOTTEE )
______________________________ )
)
In the presence of ……………….. )

RECEIPT

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RECEIVED the day and year first hereinabove written of and from the within-named
Allottee the sum of Rs. _______________/- (Rupees _____________________only) by way of
earnest money deposit /part paymenttowards purchase of the said Apartment as set
out in this Agreement by the following instruments:

Cheque issued by Date Cheque Bank Amount (Rs.)

No.

Total

WITNESS WE SAY RECEIVED

FOR M/S. JAI MATA DI HOME CONSTRUCTIONS

PRIVATE LIMITED

DIRECTOR

______________________________________

36
MUMBAI DATED THIS ______ DAY OF _____________,
2017.

BETWEEN
M/S. JAI MATA DI HOME CONSTRUCTIONS
PRIVATE LIMITED
..DEVELOPERS

AND
_________________________________
..ALLOTTEE

AGREEMENT FOR SALE

AMOL K.TEMBE, LL.M. ,

ADVOCATE HIGH COURT,
59, DR.V.B. GANDHI MARG,
KALA GHODA, FORT,
BOMBAY-400023

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