TWENTY THIRD DAY OF APRIL TWO THOUSAND FOURTEEN AT BANGALORE: BETWEEN: Hereinafter called the VENDOR OR PARTY OF THE FIRST PART shall wherever the context so applies shall mean and include his Legal Heirs, Assigns, Successors, Executors, Administrators, Legal Representatives, etc., of the ONE AR!. AND: Hereinafter called the CONFIRMING PARTY OR PARTY OF THE SECOND PART shall wherever the context so applies shall mean and include their respective Legal Heirs, Assigns, Successors, Executors, Administrators, Legal Representatives, etc., of the SE"ON# AR!. AN# Your na! an" o#$!r "!#a%&' Hereinafter called the PURCHASER OR PARTY OF THE THIRD PART shall wherever the context so applies shall mean and include 1 their respective Legal Heirs, Assigns, Successors, Executors, Administrators, Legal Representatives, etc., of the O!HER AR!. $HEREAS the %endor is the a&solute owner of all that piece and parcel of "onverted Land &earing $HEREAS, $HEREAS, $HEREAS, NOW IT IS MUTUALLY AGREED AS UNDER: '( !he %endor here&) agrees to sell *lat &earing No(XXXX admeasuring ++++S)( *!!# Super &uilt up area, in XXXX F&oor+ X, B&o-.+ in the Apartment ,nown as /XXXX0 along with XXX S)( *!!# undivided share, right interest and title in Schedule - ropert) in favour of the .R"HASER/S more full) descri&ed in the S-$!"u&! II an" III $!r!%n+ a&on1 2%#$ o#$!r '3!-%4- an" -oon *a-%&%#%!'5a!n%#%!' a' "!#a%&!" %n #$! a&&o#!n# &!##!r 6 3ara1ra3$ 78 9!&o2+ *or a #o#a& a1r!!" 'a&! 3r%-! an" -on'%"!ra#%on o* R'( XXXXXX5, 9r!a.,u3 o* 2$%-$ %' 1%:!n %n A&&o#!n# L!##!r+ 'u9;!-# #o #$! r%1$#' an" r!'#r%-#%on !n#%on!" %n S-$!"u&!' IV #o VI $!r!un"!r(
!he purchasers have paid a sum of R'(7+88+8885,=Ru3!!' On! La.$ on&<( towards &oo,ing advance in the following manner i( R'(7+88+8885,=Ru3!!' On! La.$ On&<> :%"! -$!)u! No( XXXXX "a#!" XX5XX5?87@ Dra2n on XXXX BANA which the %endor here&) ac,nowledges.
T$! 9a&an-! 3a<!n# '$a&& 9! 3a%" a' 3!r #$! '-$!"u&! '#a#!" 9!&o2: i( '12 at the time on Agreement 3-ncludes 4oo,ing Advance(. ii( 52 on commencement of ' st *loor Sla&. iii( 52 on commencement of 0 nd *loor Sla&. iv( 52 on commencement of 6 rd *loor Sla&. v( 52 on commencement of 7 th *loor
Sla&. vi( 52 on commencement of 8 th *loor Sla&. vii( 52 on commencement of 5 th *loor Sla&. viii( 52 on commencement of 9 th *loor Sla& ix( 52 on commencement of : th *loor
Sla& x( 92 on commencement of ; th *loor Sla&. xi( 92 on commencement of '1 th *loor Sla& 3 xii( 92 on commencement of '' th *loor Sla& xiii( 92 shall &e paid after completion of concerned <at 4ric,= wor, xiv( 92 shall &e paid on completion of plastering and <ooring. xv( 92 shall &e paid at the time of ta,ing possession. All the expenses relating to the Stamp #ut), registration and other incidental expenses shall &e &orne &) the urchaser/s onl). 6( !he urchaser/s has paid a sum of Rs.',11,111/= to the %endor as advance sale consideration, the receipt of which sum the %endor here&) admits and ac,nowledges. 7( On the pa)ment of the aforesaid amounts in full and within the stipulated time in this Agreement a&ove &) the urchaser/s to the %endor, the latter shall execute a #eed of A&solute Sale of conve)ance to the urchaser/s dul) conve)ing the aforesaid fraction of undivided share, right, title and interest in the Schedule - ropert) along with the <at in >uestion the %endor shall execute the #eed of A&solute Sale and conve)ance. 8( An< TaB L%a9%&%#< #o an< '#a#! 1o:!rn!n#+ -!n#ra& 1o:!rn!n# or &o-a& au#$or%#< %* an< ar%'%n1 on a--oun# o* #$%' 'a&! #ran'a-#%on 2%&& 9! 9orn! 9< #$! :!n"or( 5( Each of the parties hereto is entitled to enforce speci?c performance of this agreement against the other. -n addition to the same the urchaser/s shall pa) an interest at ':2 per annum on the amounts due for the period of dela) in addition to the Sale rice and "onsideration agreed to under this Agreement. However if the 4 dela)/default is &e)ond a period of 6 months the %endor shall &e entitled to cancel this Agreement and recover '12 of the contract as li>uidated damages and return onl) the &alance to the urchaser/s without an) interest and the Owner shall &e entitled to deal with the ropert) agreed to &e sold to the urchaser/s under this Agreement in an) manner as the) deems ?t including Sale of the same to an) other part)/parties 9( !he "ON*-R@-NA AR!B has assured the %EN#OR that the proCect completion date is #ecem&er 01'8 with a grace period of Six months, and incase if giving possession of full) constructed/?nished <at with all agreed amenities/common amenities to the urchaser/ *latowner gets dela)ed &e)ond that, the %endor/Owner here&) underta,es the responsi&ilit) o* 3a<%n1 R'(C8885, =Ru3!!' F%:! T$ou'an" On&<> 3!r on#$ as damages to the purchaser/<at owner towards dela) in handing over the possession of the *lat/Schedule -- D ---. :( !he %endor here&) covenants and assures the urchaser/s that he is the a&solute Owner of the Schedule - ropert) and the same is free from an) encum&rance, charges and mortgages whatsoever and the same is not the su&Cect matter of an) attachment or other legal proceedings &efore an) "ourt of Law, !axation or other statutor) authorities and the %endor is in actual possession and enCo)ment of the same and he is competent to enter into this Agreement and to eEect sale of the aforesaid portion of the Schedule - ropert) as per the terms of this Agreement. 5 ;( T$! Con4r%n1 Par#< here&) agrees to construct the buildings according to the BBMP Sanctioned Plan, meeting all laws, rules and regulations in force and handover the O--u3an-< C!r#%4-a#! *or #$! Pro;!-# XXXX a*#!r o9#a%n%n1 #$! 'a! *ro BBMP once the <at is completed and read) for use and the agreed purchase price for the <at as mentioned in paragraph ' a&ove is full) received &) the vendor. '1( !he urchaser has agreed for the a&ove mentioned price for the <at with the understanding that the following common facilities/amenities will &e provided to the <at owners in the apartment complex and the cost of development/construction and e>uipping of these common amenities has &een loaded in the cost of the <at. !he %endor and the "on?rming art) here&) agree to develop/construct and provide these "ommon Amenities in the apartment complex without recovering an) additional cost for theseF A swimming pool along with a !oddlers ool. @ultipurpose Hall. "hildrenGs pla) area. A well=e>uipped g)mnasium. "lu& House. HacuIIi D Steam. !ennis court. S>uash "ourt. Li&rar) 3rovision(. Amphitheatre. 6 Stand &) Aenerator for common area lighting oints, lifts, pump room, D power &ac, up for lighting to all individual <ats 36Amps(. Round the cloc, securit) with intercom facilit) 5 assenger Lifts of Standard ma,e ''( !he urchaser/s shall not use the <at or permit the same to &e used for an) purpose whatsoever other than as a private dwelling house or for an) purpose which ma) or is li,el) in the opinion of the Owners and/or managing committee of the Association formed to cause nuisance or anno)ance to occupiers of the other <ats/garages in the said &uilding or to the owner or occupiers of the neigh&oring properties not use the same for an) illegal or immoral purposes. '0( !he entire sale transactions relating to the Schedule -- D --- ropert) shall &e completed within 07 months from this da), su&Cect to pa)ment of entire sale consideration &) the urchaser/s in full and ?nal. '6( -t is here&) further agreed that the urchaser/s shall &ecome the mem&er of the Apartment Owners Association to &e constituted in accordance with the provisions of Jarnata,a Apartments Ownership Act ';90 and rules framed thereupon, after the urchaser/s &ecomes the Owner/s of the undivided share, right, title and interest in the land &) virtue of the Apartment herein. '7( !he urchaser/s shall pa) such deposit, costs, share association fee, deposit, cost of stamp papers, registration fee, legal fee and such other expenses as ma) &e re>uired for the formation of Association 7 and the transfer of undivided share, right, title and interest in favour of the urchaser/s. DSCHEDULE I PROPERTYD SCHEDULE II PROPERTY XXX S)( *!!# of undivided share, right, title, interest and claim over the immova&le propert) descri&ed in the Schedule - a&ove. SCHEDULE III PROPERTY *lat &earing XXXX in XXXX F&oor+ measuring XXXX S)(*!!#, in X= B&o-.+ together with On! Co:!r!" Car Par.%n1 S3a-!, along with proportionate share in common areas such as assages, Lo&&ies, Staircase, contained in the multistoried &uilding constructed on the Schedule - ropert) ,nown as DXXXX(0 SCHEDULE IV RESTRICTION ON THE RIGHT OF THE PURCHASER5S !he .R"HASER/S here&) agrees to &ind himself/herself, his/her/their heir/s, successors in interest, representatives and assigns to the followingF 8 '. Not to raise an) construction in addition to that mentioned in Schedule --- a&ove. 0. Not to use or permit the use of the construction referred to in Schedule --- a&ove in the manner which would diminish the value of the utilit) in the propert) descri&ed in the Schedule - a&ove or an) construction made thereon. 6. Not to use the space in the land descri&ed in Schedule - a&ove left after the construction referred to in Schedule --- a&ove for par,ing an) heav) vehicles or to use the same in an) manner which might cause hindrance for the free ingress to or otherwise from an) other part of the construction. 7. Not to default in the pa)ment of an) taxes or levies to &e shared &) the other Apartment Owners of the ropert) descri&ed in the Schedule - a&ove or expenses to &e shared &) the O$NERS of the constructions thereon of an) speci?c part thereof . 8. Not to decorate the exterior of the ropert) constructed &) the romoter other than in the manner agreed to &) at least two=third maCorit) of Owners of <ats over the land descri&ed under Schedule - a&ove. 5. Not to ma,e an) arrangement for maintenance of the &uilding referred to in Schedule --- a&ove and ensuring common amenities therein for the &ene?t of all concerned other than that agreed to &) two=third maCorit) of all Apartment Owners. 9 9. !he covered or uncovered par,ing lot for the respective Owner/s will &e used &) them for par,ing their four wheelers or two wheelers onl). :. !he .R"HASER/S shall have no o&Cection whatsoever for the O$NERS or the RO@O!ER to hand over the common area and facilities to the common OrganiIation or Association as soon as it is formed and pending registration of the same. ;. !he .R"HASER/S shall have no o&Cection whatsoever for construction of covered car par,ing space for other urchaser/s and such spaces shall alwa)s remain the ropert) of the respective urchaser. SCHEDULE V RIGHTS OF THE PURCHASER5S '. *ull rights and li&ert) for the .R"HASER/S in common with all other persons entitled, permitted or authoriIed to the li,e rights at all times of the da) or night and for all purposes to go, pass and repass all open spaces, lo&&ies, par,ing spaces and terraces, staircases and passage inside and outside the &uilding and constructions descri&ed in the Schedule hereto. 0. *ull right and li&ert) to the .R"HASER/S in common with all other person/s with or without motor cars or other permitted vehicles at all times da) and night and for all purposes to go and pass over the 10 land appurtenant to the &uilding constructed in the land descri&ed in the Schedule - a&ove. 6. !he right to su&Cacent and lateral support and shelter and protection from the other parts of the aforesaid &uilding from the side and roof thereof. 7. !he free and uninterrupted passage of running water, soil, gas and electricit) from and to the construction through sewers, drain and water courses, ca&les, pipes and wires which now are, or ma) at an) time hereinafter &e in under or passing through the &uilding or an) part thereof. 8. Right of passage for the .R"HASER/S and .R"HASERGS agents or wor,men to the other part of the &uilding at all reasona&le times 3on the notices( to where the water tan,s are situated for the purposes of cleaning or repairing or maintaining the same. 5. Right of passage for the .R"HASER/S or &) his/her/their agent/s or wor,men/s to the other parts of the &uilding at all times 3on notices( to enter into and upon other parts of the &uilding for the purpose of repairing, cleaning, maintaining or renewing an) such sewers, drains and water courses, ca&les, pipes and wires causing as little distur&ances as possi&le and for ma,ing good an) damages caused. 9. !o la) ca&les or wires through common walls or passages for telephone installations, howsoever respecting the e>ual right of the others thereof. 11 :. !he rights for the .R"HASER/S servants, wor,men and other at all reasona&le times 3on notice( to enter into and upon other parts of the said &uilding for the purpose of repairing, maintaining, renewing, altering or re&uilding the construction referred to in Schedule -- hereto or an) part of the &uilding giving su&Cection or literal support shelter or protection to the construction thereof. ;. Right to deal with or an) of the acts aforesaid without notice in case of emergenc). '1. An) dispute regarding an) right of use of space, wa) of entr) or use of common premises etc., shall &e settled &) the Association to &e formed and pending formation of the Association &) the RO@O!ER on the &asis of maCorit) of the votes of the other urchaser/s of the premises. SCHEDULE VI !he .R"HASER/S in proportion of his/her/their share along with other urchaser/s in the proportion of their shares, shall &e deemed to have accepted the following conditions and to have contracted to &ear the following expenses. '. All the rates and out goings pa)a&le if an) in respect of the land descri&ed in the Schedule - hereto and the &uilding thereon. 12 0. !he expenses of routine maintenance including painting, white washing, cleaning etc., and provision of the common services to the &uildingF !ill such time as the formation of association is registered the services mentioned in the a&ove clause will &e carried &) the RO@O!ER. !hereafter decisions ta,en &) the maCorit) of the urchaser/s and the interpretations of this clause would &e determined &) decision of the maCorit) of urchaser/s 3O$NERS( and repairs/maintenance wor, carried out against pa)ment of such sums as ma) &e determined &) them from time to time. Should a .R"HASER/S default pa)ment due for an) common expenses, &ene?ts, or amenities the *irst art) or the Association of the Apartment owners, shall have the right to decide and remove such common &ene?ts or amenities including electricit) and water connection from her enCo)ment. -f at an) time of development and/or an) charges are levied or sought to &e demanded and recovered &) the 4angalore @ahangara ali,e/"it) @unicipal "ouncil and/or an) department of Aovernment or an) other pu&lic authorit) in respect of the said land and/or construction after handing over the possession the same shall &e &orne and paid &) all the urchaser/s among themselves in proportion to the respective <oor areas of such <ats. IN WITNESS WHEREOF THE PARTIES HAVE HERETO SET THEIR RESPECTIVE HANDS THE DAY+ MONTH AND THE YEAR FIRST ABOVE WRITTEN( 13 WITNESSES: 7( VENDOR ?( CONFIRMING PARTY5DEVELOPER E( PURCHASER5S 14