Professional Documents
Culture Documents
A N D
WHEREAS:
a) Mr. Kalu Rama Vaze was the owner of the land bearing
Survey No. 205 (old Survey No 203), Hissa No. 1, admeasuring H.R.
0-17-2, assessed at Rs.1.69 Paise, Survey No. 205 (old Survey No
203), Hissa No. 7, admeasuring H.R. 0-07-6 assessed at Rs.0.72 Paise,
lying being and situate at Village Nilemore Taluka Vasai District
Palghar within the area of Sub-Registrar at Vasai No. 1 to 6 more
particularly described in the First schedule hereunder written.
k) M/s. Topaz Homes has constructed a building upto 7th floor and
has sold the flats to various purchasers and after completion of the
building M/s Topaz Homes has obtained the occupation certificate
upto 7th floor of the building.
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m) Anil R. Gupta the partner of M/s Sai Leena has obtained the
consolidated Revised Development Permission including the said land
for the residential with shopline buildings, educational PS,
Educational building HS-1 and HS-2, M and SC, Hospital and Nursing
Home and Educational building on the said land vide order bearing
No. VVCMC/RDP/VP-0111/170/2021-22, dated 14/06/2021.
r) The Vendor has agreed to allow the Developer to utilise the said
FSI by constructing 8th to 12th floor on the existing building No.3
more particularly described in the Second schedule hereunder written
and the Developer has agreed to acquire from the Vendor.
9) The Vendor declare that no notice from the Vasai Virar City
Municipal Corporation, Government or any body or authority or under
the Epidemic Diseases Act or the land acquisition Act or Maharashtra
Regional and Town planning Act, Maharashtra Land Revenue Code
1966 or the Government ordinance, order or notification including any
notice for acquisition or requisition of the said land or any part thereof
have been issued or served upon the Vendor or any part thereof
including in any intended or published scheme for improvement of
any public body or authority.
10) The Vendor declare that the said floors to be constructed on the
Building No.3 Wing A and B on the said land, hereditaments and
premises agreed to be developed are free from all encumbrances and is
not subject to lispendens or attachments either before or after a
judgments and if any encumbrances are found existing the same shall
be cleared by the Vendor at its own costs and expenses before the
expiry of the time for the completion of the sale hereinbefore
provided.
12) The Vendor shall within three months from the date hereof pay
all outstanding estates and taxes, if any and clear all the defects in the
title, encumbrances and claim to the said land or said floors including
all claims by way of sale, exchange, mortgage, gift, trust, inheritance,
lease, lien, easement or otherwise and make out the marketable title
free from all encumbrances.
13) The Developer herein has agreed to pay all the government
and/or Vasai Virar City Municipal corporation taxes or payment
regarding the land or building/s to be constructed on the said land at its
own costs and expenses and the Vendor shall not liable and/or
responsible for the same.
b) To put up and/or erect sign boards upon the said land as also
issue advertisements including the advertisements in newspapers as
may be deemed fit by the Developer announcing the construction of
the said building/s by them on the said land and the sale of the
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tenements on ownership basis (save and except the flats allotted to the
Vendor).
e) To enter into its own name agreement for sale of flats and
premises to receive from such purchasers the sale price of such flats
and premises and to appropriate the same to itself.
16) The Developer hereby covenant with the Vendor that the
Developer shall carry out and complete the entire development as
aforesaid of the said floors in accordance with the terms and
conditions contained herein and as per the building/s plans sanctioned
by Vasai Virar City Municipal Corporation and as per the prevailing
Development Control Rules and Regulations and shall indemnify and
keep the Vendor indemnified against all costs of the said work as also
all the losses that may be caused on account of any illegal actions of
the Developer.
the agreements that may be entered into for sale of flats and premises
and including the obligation to construct the flats and premises and
also sale thereof and will do all acts, deeds, matters and things as may
be entered into by the Developer with the Vendor of the flats and
premises.
19) The Developer shall not make any changes or variation in the
plan approved by Vasai Virar City Municipal Corporation further the
Developer shall not make any illegal construction by constructing
illegal flats or floors. However if any changes or variation in the plan
or illegal construction, if found to the Vendor, the Vendor shall have a
right to stop the construction work till the change or variation is clear
by the Developer and further if any action is initiated by Vasai Virar
City Municipal Corporation as a result of change or variation in the
plan or illegal construction, the Developer alone shall be liable and/or
responsible and any penalty is charged by Vasai Virar City Municipal
Corporation the Developer shall be liable to pay the said penalty.
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21) The Vendor has installed two Lifts for A and B wing upto 7th
floors the capacity of the said Lifts shall be increased by the Developer
upto 12th floors and in addition to that the Developer shall install
another two Lifts upto 12th floors at its own cost and expenses. The
said Lifts shall be installed through reputed company who is having
experience in the installation of the Lifts.
22) The Developer shall construct two overhead water tanks of the
adequate capacity as per the design and specification provided by the
RCC Consultant/Architect of the project on the 12th floors of the said
building at its own cost and expenses.
24) The Vendor shall furnished to the Developer's advocate all the
title deeds of or relating to the said land for the purpose of
investigating the title of the Vendor to the said land. If the title of the
said land is found defective and/or not marketable the Vendor shall
forthwith clear the same at its own cost and expenses.
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26) The Developer shall be at liberty to sell the flats and premises
and other rights and privileges on ownership basis save and except the
50% constructed area tobe allotted to the Vendor with the view
ultimately that the purchaser of all such premises shall form a Co-
Operative Housing Society under the Maharashtra Co-Operative
Societies Act, 1960 or from any other organizations on their paying in
full amounts payable by them for the purchase of such flats and
premises or rights and strictly complying with all the terms and
conditions of the agreement to purchase such flats and premises or
rights and to be observed and performed by each of such purchasers.
27) The Developer hereby have no right to sell and/or grant the
development right joint venture or construction agreement in respect
of the said 8th to 12th floors and/or the part of the said floors to any
person/s, Developer or any firm as the case may be.
28) The Vendor shall through the original owner of the land M/s
Sai Leena Developers make and execute conveyance or conveyances
in favour of the Developer or its nominee or nominees as the
Developer may direct including a Co-Operative Housing society or a
limited company and the draft of such conveyance shall be prepared
by the Developer's advocate and the same will be approved by the
Vendor's advocate. The Vendor and Developer shall join as a
Confirming party in the said conveyance deed.
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30) Any notice to be given by one party to the other party hereunder
shall be sent by the party to the other at the address set out hereinabove
or at any other address which is previously intimated to the other party
in writing. Such notice shall be deemed to be duly given if sent by
hand delivery or by courier or by Registered Post and shall be deemed
to be validy delivered if sent by hand delivery or courier on receipt of
acknowledgement and if sent by registered post on expiry of 7 days
from the date of posting.
31) All disputes and differences between the parties hereto arising
out of this agreement or in relation to the interpretation or effect of any
of the terms and conditions contained in the agreement or in relation to
the rights and obligations of the parties hereto shall be referred to
arbitration or two arbitrators, one to appointed by each party to the
dispute and such arbitration shall be held in accordance with the
provisions of Arbitration Act 1940 or any other statutory modifications
or re-enactment thereof for the time being in force except that such
Arbitrator and the umpire appointed by them shall have summary
powers and the award given by the arbitrators or the umpires shall be
final and binding on the parties hereto.
1.
Name :
Address :
2.
Name :
Address :
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1.
2.
i. Rs.10,00,000/-
ii. Rs.15,00,000/- 100542 20/11/2022
WITNESSES :-
1.
1.
2.
2.
3.
4.
VENDOR
ANNEXURE
WORD\ENGLISH\DEVELOPMENT-AGREEMENT\PLAN-SAN\50%-DEPOSIT-
TOPAZ-22