1

Nature of Document Agreement for Sale

Registration Details Registrable / Non Registrable

If Registrable Name of S.R.O.UNR-3

Franking Unique No.

Property Description in brief
Consideration Amount
Flat No304 ,E wing 03rdFloor, Plot C , Area 28.61
Sq. Mt. Equivalent to 308Sq. Feet ( Carpet)
Survey No.58,Hissa No.4/2 & Survey No.58,Hissa
No.6/B, Pale Ambernath – (E)
Rs.2275000/-(Rupees Twenty Two Lakhs Seventy
Five Thousand Only)

Stamp Purchasers Name Mr. Hitesh Kirhor Bhatia

Mrs. Soni Kishor Bhatia

Name of the other Party M/S. Apace Realty

If through Name & Address

Stamp Duty Amt. in words Rs.136500(Rupees One Lakh Thirty SixThousand

Five Hundred Only)

Authorized Person’s full Signature &

Seal

AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made and entered into at Ambernath on
this ______day of _____________ 2019 BY AND BETWEEN:
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M/S. APACE REALTY, (Pan No. AAYFA5948D), a partnership firm,

through its Partner ShriBecharRaghavji Patel,registered under the Indian Partnership
Act, 1932 having its Registered Office at- Jeevandeep, Plot No. 30, Suryodaya Co-
operative Housing Society Ltd, Ambernath (E), Dist. Thane, hereinafter called and
referred to as “THE DEVELOPERS/PROMOTERS” (which expression shall unless it
be repugnant to the context or meaning thereof be deemed to mean and include its
partners for the time being, their heirs, executors, administrators, permitted assigns
and last surviving partner of the firm) of the One Part;
AND
Mr. Hitesh Kishor Bhatia Pan No.BOKPB0064BAND Mrs.SoniKishor Bhatia
Pan No.BPKPB9808PR/atBrk. No.371 on Plot, fish market, near mayapuri Apartment
opp. Thakur studio.Ulhasnagar-421002.Hereinafter called “the PURCHASER/S
(which expression shall unless it be repugnant to the context or meaning thereof shall
mean and include his/her/their heirs, executors, administrators and permitted assigns)
of the Other Part.
WHEREAS the Developers/Promoters absolutely seized and possessed of all
that piece and parcel of land bearing Survey No. 58, Hissa No. 4/2, admeasuring 1H-
60Aars-0Praties i.e. 16000 sq. meters and Survey No. 58, Hissa No. 6/B, admeasuring
0H-26Aars-0Praties i.e. 2600 sq. meters lying, being and situated at Village Pale, Tal.
& Reg. Sub-Dist. Ambernath& Dist. & Reg. Dist. Thane, within the local limit of
Ambernath Municipal Council, hereinafter referred to as “the said Property” for the
sake of brevity;
AND WHEREAS the Developers/Promoters have purchased the said property
along with other properties from its precedent owners namely M/S. GOVARDHAN
DEVELOPERS, a partnership firm having its office at- 504, A/3, Swami Devprakash
Garden, SaiSection, Ambernath (E), Dist.–Thane, by and under a Sale Deed dated 15th
April 2014 which has been duly stamped & registered in the office of the Sub-
Registrar, Ulhasnagar-3 under Serial No. 2741/2014 dated 25/04/2014 for the
valuable consideration and on the terms and conditions mentioned therein the said
Sale Deed;
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AND WHEREAS pursuant to the terms of the said Sale Deed the said M/s.
Govardhan Developers have also executed Irrevocable Power of Attorney in favour of
the Developers/Promoters herein, thereby delegating Powers to develop the said
property by consuming the FSI available thereon and by utilizing the TDR and to
comply with all provisions under the M. O. F. Act 1963 including the Power to
substitute them and the said Power of Attorney is also registered in the office of Sub-
Registrar of Assurance at Sr. No. 2742/2014 dated 15/04/2014;
AND WHEREAS on intimation thereof to the Revenue Authorities the name
of M/s. Apace Realty, the Developers/Promoters herein was duly mutated in the
records of rights vide Mutation Entry at Sr. No 1889 on 27/05/2014 and accordingly a
fresh 7/12 extract of the said property was issued for the above said property

AND WHEREAS pursuant to the terms of the said Sale Deed and the Power
of Attorney, M/s. Govardhan Developers have given full and complete discharge to
the Developers/Promoters herein and also handed over vacant and peaceful possession
of the said property to them;
AND WHEREAS the said Sale Deed and Power of Attorney is in full force,
subsisting and binding upon the parties therein and the Developers/Promoters herein
are entitled to develop the said property by constructing the buildings thereon,
AND WHEREAS the Developers/Promoters have the exclusive right to
develop the said property and to construct the building/s thereon and to sale the flats
therein in open market and to appropriate the sale proceeds towards the cost of
development and construction of buildings and for own benefit;
AND WHEREAS previously M/s. Govardhan Developers had intention to
develop the said property by constructing several buildings thereon the said property,
they have already submitted the building plans for approval to the A.M.C being the
competent authority under the Municipal Act, for the approval thereto and permission
for construction of the building/s thereon and got the plans approved and permission
for construction work vide letter No. ANP/NRV/BP/12-13/06/2229/01 dated
03/04/2013 and letter No. ANP/NRV/BP/13-14/881/2308/81 dated 21/11/2013;
 4

AND WHEREAS on the application made by M/s. Govardhan Developers to

the Collector of Thane, they have got the N. A. orders vide letter No. Mahsul/Kaksh-
1/T-14/NAP/SR-(118/13)180/13, dated 23/10/2013 and letter No. Mahsul/Kaksh-1/T-
14/NAP/SR-240/2013, dated 26/08/2014;
AND WHEREAS the Developers/Promoters have appointed M/s. Samarthya
Engineers, having its office at opp. Vadavali Market, B cabin Road, Ambernath (E),
Dist.-Thane, registered with council of Architects, and have also appointed Mr.
AtulKurturkar, having their office at Badlapur as its Structural Engineers and RCC
consultants for the preparation of the structural designs and drawing of the building,
whose services shall be continued till the said property is developed in absolute by
constructing building/s thereon and occupation certificate/s is/are obtained from the
Ambernath Municipal Council herein after referred to as “A. M. C.”;
AND WHEREAS the Developers/ Promoters have entered into the standard
agreement with the said Architect and RCC Consultant;
AND WHEREAS the Developers/Promoters have proposed to construct a
Housing Complex known as Patel’s Elysium, consisting of several buildings on the
said property as per the plans and permissions approved by A.M.C. and other concern
authorities;
AND WHEREAS therefore the Developers/Promoters submitted the revised
building plans/amended plans for approval to the A.M.C being the competent
authority under the Municipal Act, as well as under the Maharashtra Regional &
Town Planning Act for the approval thereto and permission for construction of the
building/s thereon(hereinafter collectively referred to as “the Project”). It is clarified
that the term “the Project”, wherever the same appears hereinafter, shall include
without limitation, the entire project of construction on and development of the said
Property, as proposed by the Developers/Promoters, comprising of construction of the
said building and other structures, as envisaged by the Developers/Promoters;
AND WHEREAS the revised building plans and permissions in respect of the
construction over the said property is duly sanctioned and approved by the Ambernath
Municipal Council bearing nos. ANP/NRV/BP/14-15/601/8402/64 dated 03/09/2014,
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ANP/NRV/BP/14-15/697/8412/74 dated 11/09/2014 and ANP/NRV/BP/14-

15/698/8413/75 dated 11/09/2014 respectively;
AND WHEREAS the Developers/Promoters have registered the said Project
of development and construction on the said Property under the provisions of the Real
Estate (Regulation and Development) Act, 2016 (hereinafter referred to as “RERA”),
with the Maharashtra Real Estate Regulatory Authority, under registration no.
[P51700010318]. A copy of the Project Registration Certificate issued by the
Maharashtra Real Estate Regulatory Authority in respect of the said Project is
annexed hereto.
AND WHEREAS the Developers/Promoters intend to sell the
flats/units/premises in the said building on ownership basis under the provisions of the
RERA and the Maharashtra Real Estate (Regulation and Development) (Registration
of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and
Disclosures on Website) Rules, 2017 (hereinafter referred to as “the RERA Rules”)
as well as under the provisions (to the extent applicable) of the Maharashtra
Ownership Flats (Regulation of Promotion, Construction, Sale, Management and
Transfer) Act, 1963 (hereinafter referred to as “MOFA”)and the Maharashtra
Ownership Flats (Regulation of the promotion of Construction, Sale, Management
and Transfer) Rules, 1964 (hereinafter referred to as “the MOFA Rules”);
AND WHEREAS the Advocates of the Developers/Promoters have certified
the title to the said property as clear, marketable and free from all encumbrances, a
copy thereof is annexed hereto;
AND WHEREAS the Developers/Promoters have annexed the copies of
relevant Revenue Record i.e. Extracts of Village Form No. 7/12 and other relevant
documents showing the nature and title of the said Developers / Promoters to the said
property;
AND WHEREAS the Purchaser/s is/are in need of the suitable
accommodation therefore approached to the Developers/Promoters with an intention
to verify the documents and title to the said property and satisfied about the
marketability of the title to the said property and quality of construction and the
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amenities provided/to be provided therein therefore applied to the

Developers/Promoters for Purchase of a flat in the building being constructed on the
said property;
AND WHEREAS by executing this Agreement, the Purchaser/s has/have
accorded his/her/their consent as required under section 9 of the said Maharashtra
Ownership Flats (Regulation of Promotion of Construction, Sale, Management and
Transfer) Act, 1963, whereby the Developers / Promoters shall be entitled to sell,
mortgage or create charge on any flats / otheretc., which is not hereby agreed to be
sold.
AND WHEREAS by executing this agreement the Purchaser/s has/have
accorded his/her/their consent as required under the provisions RERA, the RERA
Rules, MOFA and the MOFA Rules; and in particular Section 14 of RERA andsection
7 of MOFA, whereby the Developers/Promoters will be entitled to make such
alteration in the structure in respect of the said flats and garages etc., agreed to be
purchased by the Purchaser and/or such other alterations or additions in the structure
of the building as may be necessary and expedient in the option of the Architect /
Engineer;
AND WHEREAS the Purchaser/s demanded from the Developers/Promoters
and the Developers/Promoters have given the inspection of all the documents of title
in relation of the said property to the Purchaser/s and the plans, designs, specifications
prepared by their Architect.
AND WHEREAS the copies of Certificate of Title issued by the Advocate of
the Developers/Promoters to the said property and copies of 7/12 extract and the floor
plan approved by the local authority have been annexed hereto.
AND WHEREAS while sanctioning the building plans, the concerned local
authorities has laid down certain terms, conditions, stipulations and restrictions which
are to be observed and performed by the Developers/Promoters while developing the
said property and the said building/s, upon due observance and performance of which
only the completion and/or Occupation certificate in respect of the said Building shall
be granted by the concerned local authority.
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AND WHEREAS relying upon the said application, the Developers

/Promoters agreed to sell to the Purchaser/s the Flat being Flat No.304,
admeasuring28.61Sq. Mt. Equivalent to 308 sq. ft. (carpet)(as per the definition of the
term “carpet area” under Section 2 (k) of RERA), on 03thfloor in the Ewing of the
Building named as Patel’s Elysium, being constructed on Plot “C”of the said property
as shown on the typical plan annexed hereto;
AND WHEREAS the purchaser/s agreed to execute the agreement thereby
accepting all those terms in regard to the sale of the said flat as it is necessary to
execute the agreement and Register with the Sub Registrar of Assurances, therefore
the parties do hereby execute the same in fact these presents:
NOW THIS PRESENTS WITNESSETH AND IT IS HEREBY AGREED BY
AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. The recitalshereof shall form an integral and operative part of this Agreement,
as if the same were set out and incorporated in this Agreement and it is agreed that
singular includes plural.

2. The Developers/Promoters Shall construct buildings on the said property in

accordance with the plans, design, specification approved by the concerned local
authorities and which have been seen and approved by the Purchaser/s with only such
variation and modification as the Developers/Promoters may consider necessary or
may be required by the Ambernath Municipal Council to be made by them or any of
them for which the Purchaser/s hereby gives consent.
3. The Purchaser/s hereby declare/s that before execution of this agreement, the
Developers/Promoters have made full and complete disclosures of all those facts and
the purchaser/s has/have been given full and free inspection of all particulars and
disclosure of inter-alia the following:
(i) Nature of Developers/Promoters title to the said property as free from all
encumbrances, thereto along with all relevant documents;
(ii) All plans and specifications duly approved and sanctioned by the AMC of
the Building/s built or to be built upon the said property;
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(iii) Nature and Particulars of fixtures, fittings and amenities provided or to be

provided in the building or buildings so to be constructed on the said
property;
(iv) All particulars of design and materials to be used in construction of the
building or buildings on the said property.
(v) The various amounts which are to be paid inter-alia towards the ground
rent, revenue assessment, municipal and other taxes and water and
electricity deposit as are for the time being in force.
4. The Purchaser/s hereby declare/s that after reading and having understood the
contents of the aforesaid documents and all the disclosures made by the
Promoters/Developers, the purchaser/s with full knowledge thereof has/have entered
into this agreement.
5. The Purchaser/s hereby agrees to purchase from the Developers /Promoters an
304 admeasuring28.61 Sq. Mt. equivalent to 308 sq. ft. (carpet) (as per the definition
of the term “carpet area” under Section 2 (k) of RERA) on the03rdfloor in the Ewing
of the Building named as Patel’s Elysium, being constructed on Plot “C” of the
property bearing Survey No. 58, Hissa No. 4/2 and Survey No. 58, Hissa No. 6B,
lying, being & situate at Village-Pale, Tal. & Reg. Sub. Dist.-Ambernath and Dist. &
Registration Dist.-Thane,
withinthelocallimitsofAmbernathMunicipalCouncil,hereinafterreferred toas“the said
Flat” at the total price/consideration of Rs.2275000/-(Rupees Twenty Two Lakhs
Seventy Five Thousand Only)Theconsideration is inclusive of the common areas and
facilities appurtenant to the premises. The nature, extent and description of the
common areas and facilities is more particularly described in the second schedule
hereunder. The consideration is exclusive of the area of open terrace53 Sq.
ft.,balcony85 Sq. ft., CB area 15 Sq. ft.but it Is inclusive of area of internal walls.

The Purchaser/s hereby agrees to pay to the Developers/Promoters the aforesaid

consideration in the following manner:
 10% on Booking.
 35% on completion of Plinth.
 3 % on completion of 1st slab.
 3 % on completion of 3rd slab.
 3 % on completion of 5th slab.
 4 % on completion of 7th slab.
 4 % on completion of 9th slab.
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 4 % on completion of 11th slab.

 4 % on completion of 13th slab.
 5% on completion of Brickwork.
 5% on completion of Internal & External Plaster Work.
 5% on completion of water proofing & External Plumbing.
 5% on completion of Flooring, Doors & Windows.
 5% on completion of Painting, electrical fittings &Sanitary fittings, Stair
case, Lobbies, Lift, Water Pumps.
 5% on Possession to be paid within a period of 7 days of intimation for
taking possession of the said flat.

6. It is hereby agreed by the purchaser/s that he/she/they shall pay the amount of
consideration as mentioned in clause No. 5herein above considering the stage of
completion of construction and further agree and declare and assure to pay the
balance amount of consideration as mentioned therein.
7. It is hereby expressly agreed that the time for payment of each of the aforesaid
installment of the consideration amount shall be the essence of this contract and the
same shall be made within 7 days of the Developers/Promoters sending notice to the
Purchaser/s calling upon him/her to make payment of the same. It is hereby agreed by
the Purchaser/s that in case of default of the payment on due dates as mentioned
herein above, he/she/they shall be liable to pay to the Developers/Promoters interest
@ the Agreed Interest Rate (as defined hereunder) on all the amounts which becomes
due and payable by the Purchaser/s to the Developers/Promoters under the terms and
condition of this agreement from the date of the said amount payable till the date of
actual payment.The term “Agreed Interest Rate” wherever the same appears in this
Agreement shall be deemed to be a reference to the Interest Rate as mentioned in Rule
18 of the RERA Rules.
8. It is hereby agreed and accepted by the purchaser/s that in case ofthe
Purchaser/s committing default in payment on due date of any amount due and
payable by the Purchaser/s to the Developers/Promoters under this agreements,
(including his/her/their proportionate share of taxes levied by the concerned local
authorities and other outgoing) and on the Purchaser/s committing breach of any of
 10

the terms and conditions herein contained the Developers/Promoters shall be entitled
at their option to terminate this agreement.
9. It is hereby agreed and accepted by the Developers/Promoters that the power
of termination hereinbefore contained shall not be exercised by them unless and until
they have given 15 days prior notice in writing to the Purchaser/s of their intention to
terminate this agreement and of the specific breach or breaches of terms and
conditions in respect of which they intend to terminate the agreement. PROVIDED
further that upon the termination of this Agreement as aforesaid the
Developers/Promoters shall refund to the Purchaser/s the earnest money and all other
amounts which may till then have been paid by the Purchaser/s to the
Developers/Promoters subject to a deduction of amount of liquidated damages which
shall be 20% of the amount paid by the purchaser/s or 10% of the total cost price of
the flat whichever is higher and the Developers/Promoters shallnotbe liable to pay any
interest on the amount so refunded to the Purchaser/s and the Developers/Promoters
shall refund the said amount only after the sale of the said flat and on execution and
registration of the Deed of Cancellation by the purchase/s herein to that effect.The
Developers/Promoters shall be at liberty to dispose off and sale the said flat to such
person/s and at such price as they may deem fit in their absolute discretion.

10. The Developers/Promoters hereby agrees to observe perform and comply with
all the terms, conditions, stipulations, if any which may have been imposed by the
concerned local authorities at the time of sanctioning the said plans or thereafter and
shall obtain Completion/Occupation Certificate in respect of the said flat or the said
building as the case may be from the concerned local authorities before handing over
possession of the said flat to the Purchaser/s.
11. The Developers/Promoters shall give possession of the said flat to the
Purchaser/s on or before [31-12-2021]. If the Developers/Promoters fails and or find it
difficult to give possession of the flat to the Purchaser/s or his/ her/their nominee or
nominees by the aforesaid date as per the provisions of section 8of MOFA and Rule
18 of RERA Rules by the aforesaid date, then the Developers/Promoters shall be
liable to refund on demand to the Purchaser/s the amount already received by them in
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respect of the flat with simple interest @ the Agreed Interest Raefrom the date of
Developers/Promoters received the sum till the date the entire amount and interest
thereon is refunded by the Developers/Promoters to the Purchaser/s.
12. Provided that the Developers/Promoters shall be entitled to reasonable
extension of time for giving delivery of flat on the aforesaid date, if the completion of
building in which the said flat issituated is delayed on account of :
a) Non-availability of Raw Material of Construction, i.e. Steel, Cement, Water,
Electric Supply and other Building Material.
b) Natural Calamities like Flood, Earth quake, Fire, War, Civil Commotion,
Strike, Labour dispute, and other causes beyond the control of the
Developers/Promoters
c) Any Notice, Order, Rule, Notification etc., of the Government and / or other
public or competent and/or any Court Cases and Stay Orders or Restrictions or
any Act beyond the control of Developers/Promoters.

13. THE Purchaser/s shall use the said flat for the residential purpose only and the
said shop or any part thereof to be used for commercial use only.
14. THE Purchaser/s shall take possession of the said flat within 7 days of the
Developers/Promoters giving written notice to the Purchaser/s intimating that the said
flat is ready for use and occupation.
15. Commencing a week after notice in writing is given by the
Developers/Promoters to the Purchaser/s that the said flat is ready for use and
occupation, the Purchaser/s shall be liable to bear and pay the proportionate share of
outgoing in respect of the said land and building namely local taxes, betterment
charges or such other levies by the concerned local authorities and / or government,
water charges, common lights, repairs and salaries of clerks, bill of collectors,
chowkidars, sweepers and all other expenses necessary and incidental to the
management and maintenance of the said land and building. The Purchaser/s shall pay
to the Developers/Promoters such proportionate share of outgoing as may be
determined by the Developers/Promoters. The Purchaser/s further agrees that till the
Purchaser’s share is so determined by the Developers/Promoters, he/she shall pay to
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the Developers/Promoters provisional monthly contribution for two years in advance

along with GSTfrom the date of notice but before possession as per the amount which
shall be decided at the time of possession towards the outgoing as aforesaid. Such
amount paid by the Purchaser/s to the Developers/Promoters shall not carry any
interest and shall remain with the Developers/Promoters. The Purchaser/s further
undertakes to pay such provisional monthly contribution and such proportionate share
or outgoing as decided by the Developers/Promoters regularly thereafter on the 5th
day of each and every month in advance and shall not withhold the same for any
reasons whatsoever.
16. On or before registration of the said flatat the Office of the Sub-Registrar the
purchaser/s hereby agree/s to pay the Developers/Promoters the amount of expenses
towards stamp duty, Registration charges,Legal charges & other charges;
17. The Purchaser/s shall bear and pay the stamp duty and registration charges of
these presents as per prevailing rules and the Developers/Promoters shall not be liable
to bear any expenses towards the same.
18. From the date of possession the Purchaser/s shall maintain the premises at
Purchaser’s own cost in good tenantable condition and shall not do or suffer to be
done anything in or to the building in which the said building or the premises,
staircase or common passage which may be against the rules, regulation of the
concerned local or any other authority and the Purchaser shall not change, alter or
make additions in or to the said premises or the building or any part thereof.
19. The Purchaser/s shall not store in the said premises any goods which are
hazardous, combustible and/or dangerous in nature or are so heavy as to damage the
construction or structure of the building or are rejected by the concerned local or other
authority or authorities, shall not carry heavy packages to upper floors which may
damage or likely to damage the staircase, common passages or any other structure of
the building including the entrance of the premises and the purchaser/s shall be liable
for the consequences of breach of this clause.
20. The Purchaser/s has/have prior to the execution of this Agreement satisfied
himself/herself/themselves about the title of the Developers/Promoters to the said
 13

property and has/have accepted the same and shall not be entitled to raise any dispute
or any further investigations relating thereto.
21. All letters, receipts, and/or notices to be issued and served upon the
Purchaser/s as contemplated by the Agreement shall be deemed to have been duly
issued and served if sent to the Purchaser/s at the address mentioned herein by prepaid
post or under certificate of posting and shall duly and effectual discharge the
Developers/Promoters.
22. In the event of the Developers/Promoters being entitled to construct any
additional Buildings or structures and/or desiring to make alterations or additions in
the said Building under the rules and regulation of the Ambernath Municipal Council
or otherwise, the Developers/Promoters shall be entitled to carry out construction of
such additional or additions in the Buildings which are proposed to be constructed on
the said property. The Purchaser/s hereby give/s his/her/their irrevocable consent to
such additional structure or structures/Buildings being constructed/ to be constructed
under such permissions and/or alterations, additions or modification being carried out
by the Developers/Promoters on the said property.
23. In the event of any portion of the land being required by the MSED Co. Ltd.,
for putting electric substation, the Developers/Promoters shall be entitled to give such
diportion to the said MSED Co. Ltd., or any other body for such purposes, on such
terms and conditions as the Developers/Promoters shall think fit.
24. The Purchaser/s shall maintain the said building in good condition, state and
order in which the same was delivered by the Developers/Promoters and shall not do
or suffer to be done anything in or to the building, which may be against the rules,
regulations and bye laws of the concerned local authority and/or public authorities and
the Purchaser/s shall be responsible to the concerned local authorities and or the other
public authority for anything so done in connection with the said building and/or the
said flat and shall be liable for the consequences thereof.
25. The Purchaser/s shall not at any time demolish or cause to be demolished the
said flat or any part thereof nor shall at any time made or cause to be made any
additions or alterations of whatsoever nature to the said flat or any part thereof or any
 14

alteration in the elevations and outside colour scheme of the said building and shall
keep the partition walls, sewer, drains, pipes in the said building and appurtenances
thereto in good tenantable repairs and condition without prior written permission of
the Developers/Promoters.
26. The Purchaser/s shall not throw dirt, rubbish, rags, garbage or other refuse or
permit the same to be thrown in the compound or any portion of the said property or
building.
27. Under no circumstances the Purchaser/s shall be entitled to the possession of
the flat unless and until all payments required to be made under this Agreement by the
Purchaser/s has/have been made to the Developers/Promoters and other obligations,
terms and conditions agreed by the Purchaser/s mentioned in this Agreement are
carried out fully by the Purchaser/s.
28. In case any security deposit is demanded by the concerned local authorities,
such deposit shall be payable by the purchaser along with the other Purchasers of the
said building. The Purchaser/s agrees to pay to the Developers/Promoters his/her/their
share of such amount of deposit. The Purchaser/s also agrees to contribute
proportionate expenses for transformer etc., if insisted by M.S.E.D. CO. LTD. These
expenses will be over and above the charges mentioned herein above. The Purchaser/s
hereby agrees to pay necessary charges and penalties leviable by the Ambernath
Municipal Council in connection with the enclosing of balconies.
29. The development and / or betterment charges or other taxes levied by the
concerned local authority, Government and / or any other public authority in respect
of the said property and / or building as also the Vat and Service tax , GST shall be
borne and paid by the Purchaser/s along with all the Purchaser/s of flats in the
building in proportion to the floor area of their respective flats.
30. Noting contained in this agreement is intended to be nor shall be same be
constructed as a grant, demise or assignment in law of the said flat or of the said land
and building or any part thereof. The Purchaser/s shall have no claim, save and expect
in respect of the said flat hereby agreed to be sold to him/her.
 15

31. The Purchaser/s shall not let, sublet, transfer, assign or part with his/her
interest or benefit factors under this agreement or part with the possession of the said
flat until all the dues payable by the Purchaser/s to the Developers/Promoters under
this agreement are fully paid up and only if the Purchaser/s had not been guilty or
breach of or non observance of any of the term and conditions of this agreement and
unless & until prior permission in writing is obtained from the Developers/Promoters
provided however that for the purpose of paying the consideration under these
present, the purchaser/s may mortgage the said flat by obtaining prior consent/or
intimating the Developers/Promoters of his/her intention to do so.
32. The flat purchaser/s agrees that he/they shall join in the formation and
registration of the co-operative housing society/Federal Society of all Internal
Societies or other association of the buyer of flat in the proposed building/s
(hereinafter referred to as “Proposed Legal Entity”). The flat purchaser/s shall co-
operate with the Developers/Promoters for formation of the Proposed Legal Entity,
and shall sign all form, application, swears affidavits and do all the things which are
required by the promoters to be done. The flat purchaser shall furnish all information
to the chief promoter approved by the Developers/Promoters as and when the same is
demanded from the purchaser/s.
33. The Purchaser/s shall not use the premises or permit the same to be used for
any purpose whatsoever other than that permitted under the existing rules and
regulations nor use the same for any purpose which may or is likely to cause nuisance
or annoyance to the occupiers of the flat in the Building nor for any illegal or immoral
purposes. The Purchaser/s shall not keep or store in the said flat any goods of
hazardous or combustible or obnoxious nature or which are too heavy to affect the
construction of the structures of the said Building.
34. The Purchaser/s shall at no time demand partition of his/her/their interest in
the said property and Buildings. It is hereby agreed and declared by the Purchaser/s
that his/her/their interest in the said flat and Building is impartible and it is agreed that
the Promoters shall not be liable to execute any other document in respect of the said
premises in favour of the Purchaser/s.
 16

35. The Purchaser/s shall observe and perform all the rules and regulation of the
Proposed Legal Entity formed by the purchasers of flatsof the said building named as
Patel’s Elysium. For the protection and maintenance of the said building and the flats
therein and for the observance and performance of the building, the Purchaser/s may
adopt from time to time rules, regulations and bye-laws of the concerned local
authority and of government and other public bodies for the time being. The
Purchaser/s shall also observe and perform all stipulations and conditions laid down
by the said Proposed Legal Entity regarding the occupation and use of the said
premises in the building and shall pay and contribute regularly and punctually toward
the taxes, expenses and other outgoing in according with the terms and conditions of
this agreement.
36. Any delay or indulgence by the Developers/Promoters in enforcing the terms
of this Agreement or any forbearance or giving time to the Purchaser/s shall not be
construed as a waiver on the part of the Developers/Promoters nor any breach or non-
compliance of any of the terms and conditions of this Agreement by the Purchaser/s
nor shall the same in any manner prejudice the rights of the Developers/Promoters
hereunder reserved.
37. The Purchaser/s shall permit the Developers/Promoters and his/her Surveyors
and agents, with or without workmen and other at all reasonable time, to enter upon,
into the said property and premises or any part thereof to view and examine the state
and condition thereof.
38. It is also understood and agreed by and between the parties hereto that the
terrace space in front of or adjacent to the terrace flat in the said building on any floor,
shall be exclusive used by the purchaser/s of terrace flat but they cannot enclose it.
39. The terrace of the top floor of the Building including the parapet wall shall
always be the property of the Developers/Promoters and the Agreement with the
Purchaser/s and all other Purchasers shall be subject to the said rights of the
Developers/Promoters who shall be entitled to use the parapet wall for any purpose
including the display of advertisements and sign boards and the Purchaser/s shall not
 17

be entitled to raise any objection or ask for any abatement in the price of the premises
on the ground of inconvenience or any other ground whatsoever.
40. The purchaser/s shall not claim any deduction in the cost of his/her/their flat
on account of deletion of any item of construction as per his/her requirements in
his/her flat.
41. It is agreed and accepted by the purchaser/s that if by reason of any
amendment to the constitution or enactment or amendment to the constitution or
enactment or amendment of any laws, central or state in future, this transaction is held
to be liable for tax and/or for any other charges either as a whole or in part, the same
shall be payable by the Purchaser along with the other purchasers of the building on
demand at any time.
42. The Purchaser/s covenant with the Developers/Promoters that if at the request
of the Purchaser/s the Developers/Promoters make any changes in the flat and as a
result if the Developers/Promoters have to use any materials less than other
purchaser/s, then in that case the purchaser/s shall not be entitled to any reduction in
the agreed price of the said flat and he/she/they shall be liable to pay the entire agreed
price as per this agreement. Similarly, the Developers/Promoters are not bound to
carry out any extra additional work for the purchaser without any written acceptance
by the Developers/Promoters as that they have agreed to execute the additional extra
work for the purchaser and unless the purchaser/s has/have deposited the amount of
estimated cost for the additional extra work with the Developers/Promoters.
43. It is also agreed and understood that the Developers/Promoters shall pay the
municipal tax for the unsold flats only and will not pay any maintenance charges like
water, light etc., and the same shall be paid by the prospective buyers from the date of
intimation of possession of their respective flat.
44. Notwithstanding anything contained herein above it is hereby specifically
agreed by the Purchaser/s that he/she/they shall not object or obstruct the
Developers/Promoters and or their agent/servant and or nominees and or
representatives to erect additional building/s and or additional floor/s on the said
building/s constructed/to be constructed thereon the said property by using the
 18

balance FSI of the said property and/or FSI under TDR available with the promoters
as the case may be and the purchaser/s do hereby grant his/her/their irrevocable
consent to the Developers/Promoters and or shall not claim rebate or concession in
price and or claim any monetary or any other benefit.
45. If the Purchaser/s neglect/s, omit/s, or fail/s for any reason whatsoever to pay
to the Developers/Promoters any of the amounts due and payable by the Purchaser/s
under the terms and conditions for this Agreement (whether before or after the
delivery of possession) within the time herein specified or if the Purchaser/s shall in
any way fail to perform or observe any of the covenants and stipulations on
his/her/their part herein contained or referred to, then this Agreement shall cease and
stand terminated and the earnest and/or deposit money and all other amounts already
paid by the Purchaser/s to the Developers/Promoters shall absolutely stand forfeited.
The Purchaser/s hereby agree/s to the forfeiture of all his/her/their right, title and
interest in the said flat to the Developers/Promoters and it shall be without prejudice
to any other rights, remedies and claims whatsoever as law or under this Agreement
of the Developers/Promoters against the Purchaser/s.
46. In case for any reason whatsoever if the Purchaser/s intend to terminate this
agreement he/she shall be entitled to a refund of sale price already paid by him/her
under this agreement without any interest thereon and it is hereby specifically agreed
between the parties that the Developers/Promoters shall refund the said amount only
after getting the fresh booking for the said flat from another intending purchaser/s and
the amount thereof.
47. In the event of the Proposed Legal Entity is being formed and registered
before the sale and disposal of all the flats, stilt and other spaces, garages, gardens,
terraces, compounds and car parking spaces in the said building and in the compound
by the Developers/Promoters, the power and authority of the Proposed Legal Entity so
formed or of the flat holders and the Purchasers of flats and other spaces and car
parking spaces shall be subject to the overall authority and control of the
Developers/Promoters. The Developers/Promoters shall have absolute authority and
control as regards the unsold flats, stilt, terraces, compounds and other spaces,
 19

hoardings and car parking spaces and the disposal thereof. The Developers/Promoters
shall be liable to pay only the Municipal taxes at actual in respect of the unsold flats,
hoarding spaces and/ or car parking spaces, terraces. In case of the conveyance is
executed in favour of the Proposed Legal Entity before the disposal by the
Developers/Promoters of all the flats, then and in such event the
Developers/Promoters shall join in as the member in respect of such unsold flats,and
as and when such flats, are sold to the persons of their choice and at the discretion of
the Developers/Promoters the Proposed Legal Entity shall admit such Purchaser/s as
members/s without charging any premium or any other extra payment.

48. It is agreed and understood between the parties and the Purchaser/s
is/areaware that there are various wings/buildings to be constructed on the said
property and that the Developers/Promoters will be carrying on the construction and
completing the wings/buildings in phase-wise manner and that as and when the
buildings are completed and all the flats therein are sold out, the Proposed Legal
Entity of such buildings and accordingly the conveyances of the land on which the
buildings are constructed will be conveyed to such respective Proposed Legal Entity
and it shall be at the sole discretion of the Developers/Promoters to form such
Proposed Legal Entity and to execute the conveyances thereof and such fact is being
brought to the clear knowledge and notice of the Purchaser/s herein and the
Purchaser/s has/have granted his/her express and irrevocable consent for the same and
agree and assure to grant his/her sincere and utmost cooperation in formation of such
Proposed Legal Entity and its conveyance thereof and shall not raise objection,
hindrances and claims of any nature whatsoever.

49. It is brought to the notice of the Purchaser/s that the electric meters of all the
flats as well as the water meters will be in the name of the Developers/Promoters
herein and the Purchasers and / or Proposed Legal Entity shall get the same
transferred the same in their favour and the Developers/Promoters herein will grant
the no objection for the same as and when required.
 20

50. The Developers/Promoters have explained to the Purchaser/s that if any

difficulty arises in registration of Societies due to more than one building in the said
complex then some common organization or Apex / Federal Society (hereinafter
referred to “Proposed Apex Body”)will be formed by the Developers/Promoters
which may be found feasible and suitable in the circumstances. After the sale of all
the flats and completion of development of the said property in all respect and if
feasible, the Developers/Promoters will convey, transfer and assign the said property
with the building in favour of the Proposed Legal Entity/Proposed Apex Body formed
by the Purchasers of all the buildings and if not possible then conveyance and
assignment of the said property with the building will be executed in favour of
Federation of all the societies if formed as the Developers/Promoters may at their
discretion deem fit.

51. IN the event of any portion of the said property being required for putting up
an electric sub-station, the Developers/Promoters shall be entitled to give such portion
to the concerned body for such purpose on such terms and conditions as the
Developers/Promoters shall think fit.

52. NOTWITHSTANDING any other provisions of this agreement the

Developers/Promoters shall be entitled at their sole and absolute discretion:

a) To form aProposed Legal Entity/Proposed Apex Body of Purchasers to be

formed and constituted.

b) To decide and determine how and in what manner the infrastructure including
the common areas and amenity space, recreation garden, all other open spaces,
layout, or internal roads if any may be transferred and / or conveyed/
assigned/leased.
 21

c) To provide for and incorporate covenant and restriction and obligations with
regard to the provision of maintaining the infrastructure and common
amenities including garden and roads, if any.

d) To grant of right of access/way from and through the said property to the
adjacent buildings and plots as well as the easement rights of the said property.

53. It is agreed and accepted by the Purchaser/s that it shall be the paramount
responsibility and obligation of the Purchaser/s to pay all the outgoing such as
maintenance, municipal taxes, local taxes and other outgoings regularly. In the event
of the default being committed by the Purchaser/s herein or any of the Purchaser/s of
any other flats, then in such case the Developers/Promoters shall not be bound to pay
the outgoings for and on behalf of such defaulting persons and in the event of any
essential supply being disconnected, it shall be the responsibility of the Purchaser/s
together in respect of the flats in respect of which possession has been given by the
Developers/Promoters.

54. The Developers/Promoters shall not be responsible for the consequences

arising out of change in law or change in municipal and other laws, rules and
regulations etc. at any time.

55. It is hereby agreed that the Developers/Promoters shall be at liberty to

amalgamate and/or combine one or more plots of land adjacent to the said property
and get the plans of the proposed building/s to be constructed on the land so
amalgamated/combined sanctioned from the planning authority and in such event
shall form and get registered Proposed Legal Entity/Proposed Apex Body of all the
flats purchasers in the said buildings and the Purchaser/s herein shall not object the
said right of the Developers/Promoters in any manner. It is further agreed that in such
event the Developers/Promoters shall be at liberty and/or entitled to grant a right of
way from or through the said property for approaching to the adjacent lands those
would be acquired with a view of development and the Purchaser/s herein shall not
object the said right of the Developers/Promoters in any manner.
 22

56. The Purchaser/s hereby declare and confirm that he/she/they have entered into
this agreement after reading and having understood the contents of all the aforesaid
exemption order, building permissions, deeds, documents, writings and papers and all
disclosures made by the Developers/Promoters to the Purchaser/a as regards the
amalgamation of the said property with the other adjacent and abutting lands and with
the full, clear knowledge and information thereof and subject to the terms, conditions
and stipulations imposed or which may hereafter be imposed by the Municipal
Council / Council and all other concerned government bodies and authorities and also
subject to the Developers/Promoters right to make the necessary amendments,
variations, modifications and / or changes therein and their right to avail, use, utilize,
consume and exploit the entire balance and additional floor space index available on
the said property as well as the transferable development rights as may be permissible
by law and other benefits in floor space index on the said land.

SCHEDULE OF THE PROPERTY ABOVE REFERRED TO

All that piece or parcel ofland bearing Survey No. 58, Hissa No. 4/2,
admeasuring16000 square meters and Survey No. 58, Hissa No. 6B, admeasuring2600
square meters lying, being and situated at Village Pale, Tal. & Reg. Sub-Dist.
Ambernath& Dist. & Reg. Dist. Thane, within the local limits of Ambernath
Municipal Council, and bounded as under:

On towards east : As per Government Record.

On towards west : As per Government Record

On towards north : As per Government Record

On towards south : As per Government Record

SCHEDULE OF THE FLAT ABOVE REFERRED TO

 23

Flat No.304, admeasuring28.61Sq. Mt. equivalent to 308 sq. ft. (carpet) (as per
the definition of the term “carpet area” under Section 2 (k) of RERA), on
the03rdfloor in the Ewing of the Building named as Patel’s Elysium, being
constructed on Plot “C” of the property bearing Survey No. 58, Hissa No. 4/2 and
Survey No. 58, Hissa No. 6B, lying, being & situate at Village-Pale, Tal. & Reg.
Sub. Dist.-Ambernath and Dist. & Registration Dist.-Thane, within the local
limitsofAmbernathMunicipalCouncil.

IN WITHNESS WHEREOF the parties have set and subscribed their

respective hands and seal to this writing on the day and the year first herein above
mentioned.

SIGNED SEALED & DELIVERED )

By the within named )
DEVELOPERS/PROMOTERS )
M/S. APACE REALTY )
Represented through its Partner )
SHRI BECHAR RAGHAVJI PATEL )___________________
In the presence of ………..

1. ________________________

2. ________________________
 24

SIGNED SEALED & DELIVERED )

By the within named PURCHASER/S )
Mr. Hitesh Kishor Bhatia )_____________________

Mrs. SoniKishor Bhatia )_____________________

In the presence of ………..

1. ________________________

2. ________________________

RECEIPT

RECEIVED with thanks the sum of Rs.51000/-(Rupees Fifty One Thousand

Only) from the Purchaser/s herein being the earnest money/part consideration as
mentioned in the agreement by RTGS No. IMPS/83451 dated11/12/2018ICICI Bank.

I Say received
 25

____________
Developers/Promoters

ANNEXURE “A”
LIST OF AMENITIES

1. 12 Storied Residential Project

2. Earthquakes Resistant RCC Design
3. Designer Entrance Lobby
4. Club Housewith Gymnasium
5. Children’s Play Area
6. POP Fall Ceiling in living Room
7. High Speed Elevators in Each Building
8. Special brick Bat Water Proofing treatment on Terrace
9. Back up for Lobby Lift, Stairs & Pumps
10. Vitrified Flooring in entire flats
11. Wooden Doors with Laminated on both side in every room with elegant
handles & Locks
12. Granite Kitchen Platform with stainless steel sink
13. Plaster or Gypsum finished wall in all flats
14. Distemper Paint on Internal Walls & Acrylic Paint on External Walls
15. Powder Coated heavy aluminum sliding window with granite window sill &
reflective glasses
16. Cable TV/Telephone point in living Room & Master Bed Room
17. Branded Concealed copper wiring with MCB/ELCB
18. Modular Electrical Switches
19. Well Designed Bathroom with Deluxe Bathroom Fitting
20. Tiles dado Up to Beam Bottom for WC & Bath
21. Concealed Plumbing & C.P Fitting of reputed make
22. Branded Sanitary ware, Provision for Exhaust Fan & Geyser Point in
Bathroom