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BY AND BETWEEN
AND
AND
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Represented by his registered Power of Attorney Holder, M/s.
D.C.HI-RISE LLP a registered Limited Labiality a partnership
firm, Represented by its Signatory
Hereinafter called the “THIRD SET OF OWNERS” (which expression shall unless
repugnant to the context or meaning thereof be deemed to mean and include
their heirs, executors, administrators, successors-in-interest and permitted
assigns) of the THIRD PART.
The First Set of Owners, the Second Set of Owners and the Third Set of owners
are hereinafter together referred to as the ‘VENDORS’, which term wherever
the context so applies shall mean and include their respective Heirs, Executors,
Administrators, Legal representatives and Assigns) of the FIRST PART;
AND
M/s.D.C.HI-RISE LLP.,
A Registered Limited Labiality Partnership Firm,
Having its Office at No.1/3A, Panathur,
Varthur Hobli, Bangalore – 560 037.
DEFINITIONS:
For the purpose of this Agreement for Sale, unless the context otherwise
requires,-
(a) “Act” means the Real Estate (Regulation and Development) Act, 2016
(16 of 2016);
(d) “Regulations” means the Regulations made under the Real Estate
(Regulation and Development) Act, 2016;
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(e) “section” means a section of the Act.
WHEREAS:
A. WHEREAS, the Owner/ First Party is the absolute Owner of converted land
in Sy.No.1/3A, (Converted from agricultural to Non-agricultural residential
purpose vide official memorandum bearing No. ALN[EVH]SR/26/2014-15,
dated: 23.10.2014, issued by Deputy Commissioner, Bangalore District,
Bangalore), Situated at Panathur Village, Varthur Hobli, Bangalore East
Taluk, which property is more fully described in the schedule hereunder and
hereinafter referred to as SCHEDULE A OF THE SCHEDULE PROPERTY,
the owner had acquired the larger extent of 26.08 Guntas, vide the
Partition deed dated 25.04.2006, which is registered as document
No.2130/06-07, of Book I, stored in CD No.237, in the office of the sub-
registrar, Bommanahalli, Bangalore.
B. WHEREAS the Second Party is the sole and absolute owner of the
Converted Land bearing Survey Number 1/3A, measuring 28 Guntas,
(30,492 Square Feet) (Converted vide Official Memorandum bearing No.
ALN.EVH.SR.458/11-12 dated 01.02.2012) situated at Panathur Village,
Varthur Hobli, Bangalore South Taluk, Bangalore East Taluk, which property
is morefully described in the schedule hereunder and hereinafter referred to
as the SCHEDULE B OF THE SCHEDULE PROPERTY having acquired
the same vide the Deed of Sale Dated 02.11.2012, registered as document
No.VRT-1-03966/2012-13, Stored in C.D.No. VRTD 166, before the office of
Sub Registrar Varthur, Bangalore, and Deed of Sale dated 09.11.2018,
registered as document No.SHV-1-05112/2018-19, Book I, Stored in
C.D.No.SHVD282, before the office of Sub Registrar Shivajinagar, Bangalore
for a valuable consideration.
C. WHEREAS, the Party of the Third Part are the owners of all that piece and
Parcel of converted land bearing Survey Number 1/1, measuring 29.08
Guntas, (Converted vide Official Memorandum bearing
No.ALN(EVH)SR/24/2014-15, dated 23.10.2014, issued by the office of
Deputy Commissioner, Bangalore District), situated at Panathur Village,
Varthur Hobli, Bangalore South Taluk, Bangalore East Taluk, which property
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is morefully described in the schedule hereunder and hereinafter referred to
as the SCHEDULE C OF THE SCHEDULE PROPERTY, partied of the
Third Part sl.No.1, having acquired the same vide Partition Deed entered
amongst his family members.
E. WHEREAS, Sri. Byrappa Son of Late. Munishamappa and his children and
grandchildren, entered into a Registered Joint Development Agreement
dated 07.01.2013 with M/s D. C. Hi-Rise LLP, A Limited liability partnership
Firm, represented by its authorized signatory, Sri. Navneet Jhunjhunwala,
registered as document No.VRT-1-05133/2012-13, Stored in C.D.No. VRTD
174 of Book I, registered before the office of Sub Registrar Varthur, in
respect SCHEDULE A of the Schedule Property, for joint development
of the same into a constructing Multi storied Residential Apartments
buildings and further thereto they have also executed a registered General
Power of Attorney dated 07.01.2013, in favour of M/s D.C. Hi-Rise LLP, A
Limited liability partnership Firm, represented by its authorized signatory,
Sri.Navneet Jhunjhunwala, in respect of the Subject Property, which
interalia and empowers the said Developer to develop the same.
G. WHEREAS, thus in the manner mentioned above Vendors are the owners of
their respective portions of All that piece and Parcel of Property bearing
Amalgamated Katha No. Sl.No.1139/Sy.No.1/3A,1/1, Municipal No.105,
carved out of converted Land in Survey No.1/3A, measuring 0-21 guntas,
out of 26.08 guntas, (converted vide official memorandum bearing
No.ALN[EVH]SR/26/2014-15, dated:23.10.2014), issued by Deputy
Commissioner, Bangalore District, Bangalore) and Converted Land bearing
Survey Number 1/3A, measuring 28 Guntas, (30,492 Square Feet)
(Converted vide Official Memorandum bearing No.ALN.EVH.SR.458/11-12
dated 01.02.2012), issued by Deputy Commissioner, Bangalore District,
Bangalore) and converted land bearing Survey Number 1/1, measuring
29.08 Guntas, (Converted vide Official Memorandum bearing
No.ALN(EVH)SR/24/2014-15, dated 23.10.2014, issued by the office of
Deputy Commissioner, Bangalore District), in all measuring 2 Acres 04
Guntas, situated at Panathur Village, Varthur Hobli, Bangalore South Taluk,
which property is more fully described in the schedule hereunder and
hereinafter referred to as the SCHEDULE A PROPERTY, for the sake of
brevity.
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H. WHEREAS in terms of the Joint Development Agreement executed by Mr.
Byrappa & Others, the Developer has the right to Develop the Schedule ‘A’
Property into a residential Multi-storeyed Residential Apartment building
and the Developer is entitled to 62.5 % undivided share and vendor is
entitled to 37.5 % undivided share from the contribution of 26.08 Guntas
made by the First Set of Owners in the land of the Schedule ‘A’ Property,
and Developer is entitled to 58.5 % undivided share and vendor is entitled
to 41.5 % undivided share from the contribution of 29.08 Guntas made by
the Third Set of Owners in the land of the Schedule ‘A’ Property, with a
right to nominate a Purchaser of their choice who would get caused the
construction of a residential apartment through the Developer with
proportionate undivided share in the land and whereas the Vendors have
executed a Power of Attorney in favour of the Developer to the extent of
62.5 % and 58.5 % share in the Schedule ‘A’ Property.
K. WHEREAS, the Developer has registered the Project under the provisions of
the Act with the Karnataka Real Estate Regulatory Authority at Bangalore
on 20.12.2019, Under Registration No.
PRM/KA/RERA/1251/446/PR/191220/003084.
M. WHEREAS, the Parties hereto decided to have the aforesaid terms and
conditions reduced to writing under this agreement as follows:
N. The Parties have gone through all the terms and conditions set out in this
Agreement and understood the mutual rights and obligations detailed
herein;
O. The Parties hereby confirm that they are signing this Agreement with full
knowledge of all the laws, rules, regulations, notifications, etc., applicable
to the Project;
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the PROMOTER hereby agrees to sell and the Purchasers agrees to
purchase the Apartment and the parking space/s as specified in
Schedule B.
1. TERMS:
1.1 Subject to the terms and as detailed in Agreement the PROMOTER agrees
to sell to the Purchasers and Purchasers hereby agree to purchase the
Schedule B property.
1.2 The Total Price for the Apartment based on the carpet area is Rs.
64,00,000/- (Rupees Sixfy Four Lakhs only) (“Total Price”):
BlD C Capitol,
Apartment No: 125
WWing-A3
Type 2 BHK
Floor: First
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Explanation:
(i) The Total Price above includes the booking amount paid by the
Purchasers to the Promoter towards the Apartment;
(ii) The Purchasers have already paid to the Promoter, the Taxes
(consisting of tax paid or payable by the Promoter by way of
Goods and Service Tax (GST), or any other similar taxes which is
levied, in connection with the construction of the Project and is
payable by the Promoter, by whatever name called) and the sale
consideration is inclusive of all such taxes;
Provided further that if any increase in the taxes after the expiry
of the schedule date of completion of the project as per
registration with the authority which shall include the extension
of registration, if any, granted to the said project by the
Authority as per the Act, the same shall not be charged from
the Purchasers;
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providing all other facilities, amenities and specifications to be
provided within the Apartment and the Project.
1.4. The Purchasers shall make the payment as per the payment plan set
out in Schedule C (“Payment Plan”).
1.5. The Purchasers may allow, at its sole discretion, a rebate for
early payments of installments payable by the Purchasers by
discounting such early payments @10% per annum for the
period by which the respective installment has been preponed.
The provision for allowing rebate and such rate of rebate shall
not be subject to any revision/withdrawal, once granted to
Purchasers by the Promoter.
1.8.4. The Purchasers have the right to visit the project site
to assess the extent of development of the project and his
apartment.
2. MODE OF PAYMENT:
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Subject to the terms of the Agreement the Purchasers shall make all payments, on
written demand by the Vendor, within the stipulated time as mentioned in the
Payment Plan [Schedule C] through A/c Payee cheque/demand draft/bankers
cheque or online payment (as applicable) in favour of (Vendor Account
details) at --- Bank, A/cNo.: ------ , -------- Branch, Bengaluru.
4. ADJUSTMENT/APPROPRIATION OF PAYMENTS:
5. TIME IS ESSENCE:
(i) The Vendor has absolute, clear and marketable title with respect to
the said Land; the requisite rights and absolute, actual, physical
and legal possession of the said Land;
(ii) The Promoter has lawful rights and requisite approvals from the
competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;
(vi) The Promoter 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 Purchasers created herein, may
prejudicially be affected;
(vii) The Promoter 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 said Apartment/
Project which will, in any manner, affect the rights of Purchasers
under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any
manner whatsoever from selling the said Apartment to the
Purchasers in the manner contemplated in this Agreement;
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(ix) At the time of execution of the conveyance deed the Promoter
shall handover lawful, vacant, peaceful, physical possession of
the Apartment to the Purchasers and the Promoter shall hand
over the common areas to the Association of the Purchasers as
the case may be;
(x) The Schedule Property is not the subject matter of any HUF and
that no part thereof is owned by any minor and/or no minor has
any right, title and claim over the Schedule Property;
(xi) The Purchaser has duly paid and shall continue to pay and
discharge all 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 Apartment to the competent Authorities till
the completion certificate has been issued and possession of
apartment or buildings, as the case may be, along with common
areas (equipped with all the specifications, amenities and facilities)
has been handed over to the Purchasers;
14. USAGE:
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Use of Basement and Service Areas: The basement(s) and service
areas, if any, as located within VRR Fortuna, shall be earmarked for
purposes such as parking spaces and services including but not
limited to electric sub-station, transformer, DG set rooms,
underground water tanks, pump rooms, maintenance and service
rooms, fire fighting pumps and equipment’s etc. and other
permitted uses as per sanctioned plans. The Purchasers shall not
be permitted to use the services areas and the basements in
any manner whatsoever, other than those earmarked as parking
spaces, and the same shall be reserved for use by the association
of Purchasers formed by the Purchasers for rendering
maintenance services.
15.5. The Purchasers shall plan and distribute his electrical load in
conformity with the electrical systems installed by the Promoter and
thereafter the association of Purchasers and/or maintenance agency
appointed by association of Purchasers. The Purchaser shall be
responsible for any loss or damages arising out of breach of any of
the aforesaid conditions.
The parties are entering into this Agreement for the allotment of
Apartment with the full knowledge of all laws, rules, regulations,
notifications applicable to the Project.
The Promoter has assured the Purchasers that the project in its
entirety is in accordance with the provisions of the Karnataka
Apartment of Ownership Act, 1972(Karnataka Act 17 of 1973) and
the Karnataka Ownership Flats (Regulation of the Promotion of the
Construction, Sale, Management and Transfer) Act, 1971. The
Promoter showing compliance of various laws/regulations as
applicable in the State of Karnataka and its revision thereafter
from time to time .
24.3. The Purchaser may, at her sole option and discretion, without
prejudice to its rights as set out in this Agreement, waive the breach by
the Purchasers in not making payments as per the Payment Plan
[Annexure C] including waiving the payment of interest for delayed
payment.
24.4.
24.5. Failure on the part of the Vendors to enforce at any time or
for any period of time the provisions hereof shall not be construed to be
a waiver of any provisions or of the right thereafter to enforce each and
every provision.
25. SEVERABILITY:
If any provision of this Agreement shall be determined to be void or
unenforceable under the 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 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.
All 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.
29. NOTICES:
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M/s Promoter name
(Promoter Address)
30. SAVINGS:
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IN WITNESS WHEREOF parties hereinabove named have set their
respective hands and signed this Agreement for sale at Bengaluru in
the presence of attesting witness, signing as such on the day first above
written.
Signature
Name
Address
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At Bengaluru on the date first above mentioned in the presence of:
WITNESSES:
1. Signature
Name
Address
2. Signature
Name
Address
SCHEDULE “A”
All that piece and parcel of property bearing Present BBMP Katha No. 1/3A as per
Katha Certificate (Converted from agricultural to Non-agricultural residential
purpose vide order bearing No.ALN[EVH]SR/26/2014-15, dated: 23.10.2014,
issued by the Deputy Commissioner, Bangalore District, Bangalore), situated at
Panathur Village, Varthur Hobli, Bangalore East Taluk, Bangalore District, totally
measuring 0-21 guntas out of 0-26.08 guntas, with all rights, appurtenances
whatsoever hereunder or underneath or above the surface, and bounded on the
SCHEDULE “B”
ALL THAT PIECE AND PARCEL OF THE Converted Land bearing Survey
Number 1/3A, measuring 28 Guntas, (30,492 Square Feet) (Converted vide
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Official Memorandum bearing No.ALN.EVH.SR.458/11-12 dated 01.02.2012)
situated at Panathur Village, Varthur Hobli, Bangalore South Taluk, Bangalore East
Taluk and bounded on the:
South By : Road.
SCHEDULE “C”
ALL THAT PIECE AND PARCEL OF the converted land bearing Survey Number
1/1, measuring 29.08 Guntas, (Converted vide Official Memorandum bearing
No.ALN(EVH)SR/24/2014-15, dated 23.10.2014, issued by the office of Deputy
Commissioner, Bangalore District), situated at Panathur Village, Varthur Hobli,
Bangalore South Taluk, bounded as follows,
SCHEDULE ‘D’
Payment Plan
SCHEDULE ‘E’
SPECIFICATIONS:
3. Plastering : Internal walls with lime rendering and External walls with
sponge finish
4. Doors : Honne wooden door frames for all rooms, Main door
frame with Teak wood & shutter door and other doors with
water proof flush shutters.
5. Windows : Powder coated Aluminum Sliding windows MS Grills and
mosquito mesh for Bedroom Windows.
6. Electrical Work : Concealed 1 phase copper wiring with all necessary points
like TV, Telephone, Geyser, AC etc., with Anchor or
equivalent switches & Sockets.
7. Flooring :Combination of Vitrified/Semi Vitrified/ Ceramic tiles for
living, Bedroom, dining and Ceramic for tiles for
remaining area.
8. Common Area :Anti-Skid tiles for common areas for staircase and lobbies
etc.,
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6. Kitchen Platform : Granite platform with Stainless sink and glazed tile dado
up to 2’ height above the platform and provision for aqua
guard point.
8. Paints : Internal walls with wall care putty finish with OBD paint,
External in water proof paint enamel paint for doors,
windows and grills, Natural polish for main doors as per
Architectural drawing.
10. Generator : Generator back up for lifts, common area lighting and
1KVA for each flat.
SCHEDULE‘F’
SPECIFICATIONS:
COMMON AREAS :
Gym : Gym with thread mills, cycles, weight lifts and other basic needs,
Swimming pool.
Permanent address
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