AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE (Agreement) is made at Mumbai on

this _______ day of _________________ in the year Two Thousand and
_________
BETWEEN
M/S WHEELABRATOR ALLOY CASTINGS LTD., a Company
incorporated under the provisions of the Companies Act, 1956 having its
Corporate office at Runwal & Omkar Esquire, 4th Floor, Opp Sion
Chunabhatti Signal, off Eastern Express Highway, Sion (E), Mumbai400 022
through its duly Authorized Signatory Mr.
_________________________,Authorized under
Board Resolution/POA
dated _________________
hereinafter referred to as the Vendor/
Developer(which expression shall, unless it be repugnant to the context
or meaning thereof, be deemed to mean and include its successors and
assigns) of the ONE PART;
AND
MR./MRS./MS/M/S _________________, aged about ____ years, residing
at ___________________________________________ hereinafter referred to as
the PURCHASER/S, (which expression shall, unless repugnant to or
inconsistent with the context, mean and include his/her/its heirs, legal
representatives, successors, executors, administrators and assigns) of
the OTHER PART.
The Vendor/Developer and Purchaser/s shall hereinafter collectively be
referred to as the Parties and individually as a Party.
W H E R E A S:(A)

By diverse deeds and documents M/s Neosym Industry Ltd.,

(formerly known as The Indian Smelting and Refining Co. Ltd.,)
was seized, possessed and otherwise well and sufficiently entitled
to all that pieces and parcels of land admeasuring about
61,665.60 (Sixty One Thousand Six Hundred and Sixty Five point
Sixty) square meters, bearing CTS Nos. 596, 596/1-6, 597,
597/1-7, 598, 598/1-3, 599A, 599A/1-81, 601, 602, 602/1-9,
603, 604, 605, 605/1-17, 606, 606/1-83, 607A, 607A/1-31 and
607D situated at Village Kanjur, Taluka Kurla within the
Registration District and Sub-District of Mumbai City and
Mumbai Suburban together with the buildings and other
structures standing thereon, lying, being and situate at Lal
Bahadur Shastri Marg, Bhandup (West), Mumbai-400078 and
more particularly described in the FIRST SCHEDULE hereunder
written (hereinafter referred to as the said Property).

(B)

By and under a registered Deed of Transfer of Undertaking (DTU)

dated 1st August, 2012 executed between M/s Neosym Industry
Ltd., (formerly known as The Indian Smelting and Refining Co.
Ltd.,) of the one part and WHEELABRATOR ALLOY CASTINGS
LTD., the Vendor/Developer herein of the other part duly
registered with the Sub-Registrar of Assurances at Kurla under
Serial No. BDR-3/7504 of 2012, the Vendor/Developer herein has
purchased and acquired from M/s Neosym Industry Ltd., the said
property for a valuable consideration and upon the terms and
conditions as set out therein.

Page 1 of 41

(C)

By virtue of the aforesaid DTU, the Vendor/Developer herein is

absolutely seized and possessed of or otherwise well and
sufficiently entitled to the Said Property.

(D)

On application made by the Vendor/Developer, the Government of

Maharashtra vide its order dated 11th July, 2013 and 4th March
2014, permitted the Vendor/Developer to close down the factory
and also vide order dated 20th August, 2013, the Commissioner of
Labour, Govt of Maharashtra has also issued a no-objection
certificate (NOC) in respect of the development of the said
property.

(E)

The title of the said property has been investigated by M/s Kanga
& Co. (Advocates & Solicitors) certifying the title of the said
property is clear and marketable as per their title certificate report
dated 29th August 2012 and thereafter Mr. S.K. Dubey, Advocate
High Court has also issued the supplementary title report dated
20.01.2015 of the said property and Property Register Cards (PRC)
in respect of the said property issued by the City Survey Office.
The copy of the title certificate and copies of property registered
card are annexed hereto and marked as Annexure A & B
respectively.

(F)

The Municipal Corporation of Gr. Mumbai (MCGM) has changed

the user of the said property from Industrial to Residential /
Commercial
purposes
by
its
letter
bearing
reference
No.CHE/31275/DPES dated 15th January 2014.

(G)

(H)

The Bombay Municipal Corporation has sanctioned/ approved the

building plans and has issued the Intimation of Disapproval (IOD)
vide No E.B./CE/1375/BPES/AS dated 6th September 2014 and
has also issued Commencement Certificate (CC) vide no.
CE/1375/BPES/AS dated 7th January 2015 Copies thereof hereto
annexed and marked ANNEXURE C & D Respectively.
The Vendor/Developer is constructing a project known as
RUNWAL FORESTS consisting of various buildings/towers on
the said Property by consuming/ utilizing FSI/ TDR as per the
plans, approvals and sanctions granted and/or may be granted by
the Municipal Corporation and other concerned authorities from
time to time (herein after referred to as the said Project).
The development of the said Property will be undertaken in phases
and will take time. In pursuance of the overall development of the
said Property, the Vendor/Developer is, as per the current
approvals and proposal, presently contemplating developing interalia the said Property by constructing minimum 12 (Twelve)
residential buildings/ towers on the said Property (Buildings)
including building/ tower known as ________________ (hereinafter
referred to as the said Building) on a portion of the said
Property. The Vendor/Developer will also be developing the
remaining portion of the said Property and constructing thereon
further building/s/towers/wings for residential, commercial and
or such other user as the Vendor may deem fit and in accordance
with applicable law (Future Buildings/ Towers). The Vendor is
undertaking the development of the said Building, Future
Buildings/ Towers and the said Property by exploiting the full
development potential of the said Property by way of inter-alia (a)
utilising, consuming and loading FSI and also FSI by way of
Transfer of Development Rights (TDR) and/or FSI nomenclated
in any manner whatsoever including fungible FSI, additional FSI,
special FSI, compensatory FSI, incentive FSI, incentive FSI

Page 2 of 41

available under the public parking lot scheme under Regulation

33(24) of the DCR (defined below) and any other FSI/TDR
including TDR that may be acquired in any manner, (b) utilising,
consuming and exploiting all the benefits, potential, yield,
advantages presently available and/or that may be available in
future for any reason whatsoever and/or any other rights, benefits
or any floating rights which is or are and or may be available in
respect of the said Property or elsewhere and/or any potential that
is or may be available on account of the existing provisions and/or
by change of law and/or change of policy and/or any other rights
and benefits including on account of undertaking incentive FSI
schemes under the applicable law, or elsewhere and/or any
potential that is or may be available on account of the existing
provisions or any amendments thereto under applicable law
including in DCR, (c) dealing with, disposing of by way of inter-alia
marketing,
transferring,
alienating,
encumbering
and/or
mortgaging by way of sale, lease, mortgage, hypothecation or any
other manner howsoever as may be permitted under applicable
law, the said Property, the said Building, the Future
Buildings/towers, all the flats, premises, apartments, units,
spaces and other areas and building/s constructed and/or that
may be constructed on the said Property, all the premises and
other areas and building/s towers constructed and/or that may
be constructed thereon and/or therein, (d) to club/amalgamate
the development of the said Property (or part thereof) with the
adjoining properties, if any, (e) to sub-divide the said Property into
independent and separate layouts and undertake consequent
development thereof, in such manner as the Vendor/Developer
deems fit and proper. The rights and entitlements of the
Vendor/Developer as detailed in Clause 7 below, are inherent and
fundamental to the ongoing development of the said Property by
the Vendor/Developer to its full development potential. The Parties
also agree that the development of the said Property being
undertaken in a phased manner, shall take time.
(I)

The layout, scheme of development of the said Property, the

location and dimension of plans, and specifications are tentative
and may vary. The Vendor/Developer shall be entitled to make
any variations, alterations, amendments, modifications or
deletions in the plan approved by the concerned authority, The
Vendor/Developer shall be entitled to make any variations,
alterations, amendments or deletions to or in the scheme of
development of the said Property, layout, relocate/ realign service
and utility connections and lines, open spaces, parking spaces,
recreation areas and all or any other areas, amenities and
facilities,
as the Vendor/Developer may deem fit in its sole
discretion or if the same is required by the concerned authority.

(J)

The Vendor/Developer has appointed Architect and Structural

Engineer for the preparation of the structural designs and
drawings of the buildings, other amenities and facilities including
car parking spaces, who will supervise and advise till the
completion of construction and the Vendor/Developer accepts
professional supervision of the architect and the structural
engineer till the completion of the said building.

(K)

The Purchaser/s has/ have inspected the said Property prior to

the execution of these presents. The Purchaser/s has/have
demanded from the Vendor/Developer and the Vendor/Developer
has given full, free and complete inspection to the Purchaser/s of
all the documents of title relating to the said Property, the said

Page 3 of 41

plans,
designs
and
specifications
prepared
by
the
Vendor/Developers Architect, Engineers and such other
documents as are specified under the Maharashtra Ownership
Flats (Regulation of the Promotion of Constructions, Sale,
Management and Transfer) Act, 1963 (herein referred to as the
said Act) and the Rules made there under, including the
proposed layout plan of the said Property. The Vendor/Developer
shall, on demand, furnish to the Purchaser/s copies of all such
documents as mentioned in Rule 4 of the Maharashtra Ownership
Flats Rules of 1964, as desired by the Purchaser/s, the costs
whereof shall be borne by the Purchaser/s. The Purchaser/s has/
have entered into this Agreement knowing fully well and
understanding the contents and the implications thereof and has/
have satisfied himself/ herself/ themselves as regards the title of
the Vendor/Developer to the said Property and shall not make any
further investigation of title and no requisitions or objections shall
be raised on any matter relating thereto and that the Purchaser/s
hereby accepts the title of the Vendor/Developer to the same as
clear and, marketable.
(L)

The Vendor/Developer has entered and is entering and/ or will

enter into separate agreements with several other prospective
buyers/ persons/ purchaser/s and parties in respect of the sale of
Flat/s, office/s and other usage/ premises in the building to be
constructed in the said project on the said property by the
Vendor/Developer.

(M)

The said Project shall be known as RUNWAL FORESTS and the

building/s when completed to be known as _______________.

(N)

The Purchaser/s has/ have applied to the Vendor/Developer for

allotment to the Purchaser/s and Vendor/Developer has agreed to
allot to the Purchaser/s on Ownership basis a Flat/ Premises
bearing No. ________on ___ floor admeasuring about ____square
metres of carpet area (i.e. ____ square feet) in the said Building
known as __________ in the said Project known as RUNWAL
FORESTS situated at Village Kanjur, Taluka Kurla, LBS Marg,
Kanjur Marg (W), Mumbai- 4000 78 within the Registration
District and Sub-District of Mumbai City and Mumbai Suburban
and more particularly described in the Second Schedule
hereunder written and same is shown by red colour outline on the
plan annexed hereto as ANNEXURE E (hereinafter referred to as
the said Flat/ Premises).

(O)

The Vendor/Developer alone has the sole and exclusive right to

sell, lease, convey, assign, transfer etc. the flats and premises in
the said building to be constructed in the said project by the
Vendor/Developer and to enter into agreement/s with the
purchaser/s and to receive the sale proceeds in respect thereof.
The Purchaser/s further agree/s that the Vendor/Developer shall
have an option to appoint/terminate an agency to maintain,
manage and control all the other common areas and amenities
and facilities in the said Building and for such other purposes as
may be agreed upon between the Vendor/Developer and the said
agency.

(P)

Prior to execution of this Agreement, the Purchaser/s has/have

obtained legal advice and representation with respect to this
Agreement and the transaction contemplated hereby with respect
to the said Premises, made enquiries thereon and is satisfied with
respect to, (i) the right and title of the Vendor/Developer to

Page 4 of 41

develop the said Property, and such title being clear and
marketable; (ii) the approvals and permissions (including IOD and
CC) obtained till date in respect of the development of the said
Property, and (iii) the rights of the Vendor/Developer to develop
the said Property and construct the said Building thereon under
various provisions of DCR and applicable law and sell the
premises therein, in respect of the said Property. The Purchaser
hereby undertakes not to raise any objection and/or make
requisitions to the title of the Vendor/Developer to the said
Property. The Purchaser undertakes that he/she/it has
verified through his/her/their financial advisor and is/are
satisfied with regard to his/her/their financial ability to
consummate the transaction.
(Q)

This Agreement shall always be subject to the provisions of

applicable law including MOFA and the New Housing Act.

(R)

The Vendor/Developer hereby agree/s to sell and the Purchaser/s

agree/s to purchase the said Flat/Premises for the total
consideration
of
Rs.__________/-(RUPEES
____________________________________
ONLY)
(the
Sale
Consideration) and prior to the execution of these presents, the
Purchaser/s has/have paid to the Vendor/Developer sum of
Rs.______________________
___________________________________ONLY) towards part consideration of the Sale Consideration (the
payment and receipt whereof the Vendor/Developer doth hereby
admit and acknowledge and of and from the same and every part
thereof acquit, release and discharge the Purchaser forever) and
the Purchaser/s has/have agreed to pay to the Vendor/Developer,
balance of the Sale Consideration and other charges and deposits
in the manner hereinafter appearing. The Sale Consideration does
not include service tax, value added tax, stamp duty, registration
charges and any other applicable statutory charges. The
Purchaser/s has further agreed and accepted to pay the stamp
duty, registration charges and other incidental charges on this
agreement and any copies thereto in addition to the any amount
mentioned in this agreement.

(S)

Under section 4 of the said Act, the Vendor/Developer is required

to execute a written agreement for sale of said Flat/ Premises to
the Purchaser/s being in fact these presents and also register the
said agreement under the Registration Act.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED

BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
The Parties hereto agree that the recitals hereinabove shall form an
integral part of this Agreement.

1.

PLANS:

1.1

The Vendor/Developer shall construct/ develop the said Building

known as _________ or any other name as may be decided by the
Vendor/Developer on the said Property for residential use in
accordance with the plans, designs, specifications approved and/
or will be approved and/ or amended by the concerned local
authorities from time to time. However, it is agreed that the
Vendor/Developer shall be entitled to make such variations,
alteration, deletion and modification as the Vendor/Developer may
consider necessary or as may be required by the concerned local

Page 5 of 41

authority/ Government, using such present and future Floor

Space Index (FSI)/ TDR that may be available to the
Vendor/Developer, from the said concerned authority and/or such
other global Floor Space Index (FSI)/ TDR that may be available to
the Vendor/Developer. It being clearly agreed and understood by
the Purchaser/s, that any benefit available by way of increase in
FSI/ TDR, which may be increased by way of global FSI/ TDR or
otherwise, shall only be for the use and utilization by the
Vendor/Developer, and the Purchaser/s shall have no right and/
or claim in respect of the same, whether during the time of
commencement of construction or during construction or after
construction having been completed.

2.

AGREEMENT:

2.1

The Purchaser/s hereby agrees to purchase from the

Vendor/Developer and the Vendor/Developer hereby agree to sell
to the Purchaser/s on Ownership basis the said Flat/ Premises
bearing No. ________on ___ floor admeasuring about ____square
metres of carpet area (i.e. ____ square feet) in the said Building
known as __________ in the said Project known as RUNWAL
FORESTS situated at Village Kanjur, Taluka Kurla, LBS Marg,
Kanjur Marg (W), Mumbai- 4000 78 within the Registration
District and Sub-District of Mumbai City and Mumbai Suburban
and more particularly described in the Second Schedule
hereunder written and same is shown by red colour outline on the
plan annexed hereto as ANNEXURE E (hereinafter referred to as
the said Flat/ Premises) along with the right to use the said
Flat/ Premises as well as the proportionate common areas,
amenities and facilities in the said Building for payment of the
total consideration
and other charges and deposits and
mentioned herein. In addition to the above consideration, the
Purchaser/s has/ have further agreed and accepted to pay the
amount towards MVAT, Service tax, cess, any other taxes as
applicable from time to time and at all time, stamp duty,
registration charges/ fees, deposit and charges for society
formation, maintenance charges, charges for electricity
connections/ meter, legal charges, and various other charges
which has been stated under this Agreement. The Purchaser/s
will deduct tax at source in accordance with applicable law and
will provide the challans and certificates to the Vendor/Developer,
within the period prescribed by law.

3.

PAYMENT:

3.1

The Purchaser/s shall pay to the Vendor/Developer the total sum

of Rs.____________/-(RUPEES _____________________________ONLY)
as the purchase price/the Sale Consideration, in respect of the
said Flat/ Premises to be paid to the Vendor/Developer in the
following manner:

Balance Within 30 Days

19.90%
On Commencement of Excavation
10%
On Commencement of Plinth
6%
On Commencement of 1st Floor
6%
On Commencement of 5th Floor
6%
On Commencement of 10th Floor
6%
On Commencement of 15th Floor
6%

Page 6 of 41

On Commencement of 20th Floor

On Commencement of 25t h Floor
On Commencement of 30th Floor
On Commencement of 35th Floor
On Commencement of 40th Floor
On Commencement of 45th Floor
On Commencement of Top Floor
On Possession
Total

6%
5%
5%
5%
5%
5%
5%
4.10%
100%

3.2

In addition to the Sale Consideration as mentioned hereinabove,

all the present, future, increase/ revised, new taxes, Levies, cess,
dues duty, including but not limited service tax, VAT/ WCT/ cess
or any other new levies/ tax (direct and indirect) and other
applicable taxes become payable in respect of this Agreement
either in future or with retrospective effect, the same shall be
borne and paid by the Purchaser/s alone.

3.3

The Purchaser/s hereby agrees to pay all the amounts (including

interest) payable under the terms of this Agreement as and when
it becomes due and payable, time for the payment of each
installments being the essence of this Agreement.

3.4

Time shall be the essence of contract for all payments/ deposits to

be made by the Purchaser/s under this Agreement. The
Purchaser/s hereby agrees and undertakes to pay each and every
installment within the period mentioned in the demand letter.
Without prejudice to the above, if the Purchaser/s fails to make
the payment within a period of 15 days, then and in such an
event, the Purchaser/s agrees to pay to the Vendor/Developer
interest @ 21% per annum, compounded monthly on all the
outstanding amounts, under the terms of this Agreement.
Provided that, payment of interest shall not save the termination
of this agreement by the Vendor/Developer on account of any
default/ breach committed by the Purchaser/s in payment of any
outstanding amount or of any of the terms and conditions herein
contained. It is specifically agreed that the amount received by the
Vendor/Developer from the purchaser will be firstly appropriated
towards statutory levies, secondly towards interest and balance if
any will be adjusted against the consideration of the said flat as
receivable by the Vendor/Developer.

3.5

The Purchaser/s further agrees, declares and undertakes that in

the event of delay in payment of any installment or any other
amount under this agreement or otherwise, the Vendor/Developer
is entitled to raise, recover and receive the amount of
interest/statutory levies at any point of time during the
construction of the said Flat/ Premises or after the completion of
the said Flat/ Premises but before handing over possession of the
said Flat/ Premises to the Purchaser/s.

3.6

It is agreed between the Parties that at any time during the

construction and/or until completion of the said Building but
before receipt of the full occupation certificate of the said Building,
if the cost of construction, including but not limited to, any
material, sand, cement, steel, bricks etc. has increased, enhanced
or escalated for any reason whatsoever, then in that event, the
Purchaser/s hereby unconditionally agrees, accepts and declares

Page 7 of 41

to pay the proportionate increased/enhanced or escalated price to

the Vendor/Developer or its nominee or assignee, as and when
called upon by the Vendor/Developer or nominee or assignee,
without any protest or objection.

3.7

In addition to above, the Purchaser/s shall pay on or before the

delivery of possession of the said Flat/ Premises the following
amounts:
BHK
------/INCLUDED
------/-

Particulars
For legal charges
Charges for Club Membership
For share money Application entrance fee,
formation of the Society
------/Provisional Society Maintenances charges to be
paid in advance for 30 months (this
maintenance charges is excluding property tax)
------/Development charges
------/For formation and registration of society/ or
condominium
------/MSEB & Proportionate share of substation
INCLUDED Infrastructure Charges

3.8

In the case of the payments/deposits referred to in Clause 3.7

above, if there is any increase in the rate of electricity service
provider, gas services provider or any of the abovementioned items
or any services, the same shall be payable by the Purchaser/s
before possession of the said Premises. In addition to the above
any service tax/VAT/WCT Tax and or any other new levies/tax
that may become due and payable at any time hereinafter on the
aforesaid charges shall be borne and paid by the Purchaser/s
alone.

4.

OBLIGATIONS OF VENDOR/DEVELOPER:

4.1

The Vendor/Developer hereby agree to observe perform and

comply with all the terms and conditions, stipulations and
restrictions if any, which, may have been imposed by the
concerned local authority at the time of sanctioning the plans or
thereafter and shall before handing over possession of the said
Flat/ Premises to the Purchaser/s, obtain from the concerned
local authority occupation certificates, either in full or in part in
respect of the said Flat/ Premises.

4.2

The Vendor/Developer hereby declares no part of the said Floor

Space Index has been utilized by the Vendor/Developer elsewhere
for any purpose whatsoever. In case, said Floor Space Index has
been utilized by the Vendor/Developer elsewhere, then the
Vendor/Developer shall furnish to the Purchaser/s all the
particulars in respect of such utilization of the said Floor Space
Index by them. In case while developing the said Property the
Vendor/Developer has utilized any Floor Space Index of any other
land or property by way of floating floor space index, then the
particulars of such floor space index shall be disclosed by the
Vendor/Developer to the Purchaser/s.

4.3

In addition to the above, the Vendor/Developer has further

informed to the Purchaser/s that as per the prevailing rules and

Page 8 of 41

regulations of the Development Control Regulations for Greater

Bombay 1991 including and new DCR and/ or the Municipal
Corporation, the Vendor/Developer is additionally entitled to
purchase and load Transferable Development Right (TDR) on the
said Property for construction purposes and the Vendor/Developer
shall be carrying out the construction activities on the said
Property as per the discretion of the Vendor/Developer.

5.

DEFAULT
BY
CONSEQUENCES:

5.1

On the Purchaser/s committing any default in the payment of any

amount due and payable by the Purchaser/s to the
Vendor/Developer under this Agreement (including his/ her/ its
proportionate share of property taxes levied by concerned local
authority and other outgoings, deposits etc.) and/ or on the
Purchaser/s committing breach of any of the terms and conditions
herein contained (whether before or after the formation of the
Society or otherwise howsoever), the Vendor/Developer shall
address a notice to the Purchaser to either pay the amount due
along with interest thereon at 21% per annum or cure the breach,
as the case may be, within 15 (fifteen) days from the date of the
notice (the First Notice). In the event the Purchaser/s fails to
make payment of the amount due along with interest at the rate of
21% per annum or cure the breach within a period of 15 (fifteen)
days from the date of the First Notice, a second notice will be
issued by the Vendor/Developer to the Purchaser/s calling upon
the Purchaser/s to pay the amount due along with interest
thereon at 21% per annum or cure the breach, as the case may
be, within 15 (fifteen) days from the date of the notice (the
Second Notice). In the event the Purchaser/s fails to make
payment of the amount due along with interest at the rate of 21%
per annum or cure the breach complained of within a period of 15
(fifteen) days from the date of the Second Notice, this Agreement
and the allotment of the said Flat/Premises will automatically and
without any further, act deed, matter or thing stand cancelled and
revoked without any further notice by the Vendor/Developer and
as per the sole discretion of the Vendor/Developer. Upon such
cancellation and revocation the Vendor/Developer shall be entitled
to forfeit a sum equivalent to 5% of the Sale Consideration along
with applicable taxes and in addition the Vendor/Developer will be
entitled to recover/adjust from the balance amount the brokerage
paid by the Vendor/Developer and interest at the rate of 21% for
the delayed period. The Purchaser/s shall also have to bear

THE

PURCHASER/S

AND

THE

the loss, if any, being the difference of the amount in the rate
at which the Purchaser/s booked the said Flat/ Premises
and the rate prevailing at the time of cancellation by the
Purchaser/s. After making the deductions and adjustments as
aforesaid, the balance amount will be refunded to the Purchaser/s
within
90
(ninety)
days,
subject
to
Purchaser/s
complying/fulfilling all the documentation formalities of
cancellation at the Purchaser/s own cost, risk and consequences.
Upon such cancellation/revocation, the Purchaser/s shall not
have any right, title, claim or interest on the said flat/ premises or
any part thereof and the Vendor/Developer shall be at liberty to
dispose off and sell the said Flat/ Premises to such person or
party/entity and at such price as the Vendor/Developer may in
their absolute discretion think fit without any reference, notice or
recourse to the Purchaser/s, even though the Purchaser/s has not
fulfilled/complied with the formalities of cancellation etc.

Page 9 of 41

5.2

In the event the Purchaser/s desire to cancel this agreement for

the said Flat/ Premises, then the Vendor/Developer will deduct
5% of the Sale Consideration along with applicable taxes and in
addition the Vendor/Developer will be entitled to recover/adjust
from the balance amount the brokerage paid by the
Vendor/Developer and interest at the rate of 21% for the delayed
period. In additions to the above, the Purchaser/s shall also

have to bear the loss, if any, being the difference of the

amount in the rate at which the Purchaser/s booked the
said Flat/ Premises and the rate prevailing at the time of
cancellation by the Purchaser/s. After making the deductions
and adjustments as aforesaid, the balance amount will be
refunded to the Purchaser/s within 90 (ninety) days, provided that
the Purchaser/s has complied with all the formalities of
cancellation as required by the Vendor/Developer. Upon such
revocation/cancellation, the Purchaser/s shall not have any right,
title, interest or claim to the said Flat and the Vendor/Developer
shall be at liberty to allot, sell and dispose of the said Flat in
favour of any third party, without any recourse or reference to the
Purchaser.

5.3

If the Purchaser/s seeks a loan from financial institutions or

banks or any other lender (the Lender) against the security of
the said Flat/ Premises for which a written NOC/ consent and
approval of the Vendor/Developer has been issued, then in the
event of: (a) the Purchaser/s committing a default of the payment
of the installments of the consideration amount, (b) the
Purchaser/s deciding to cancel the agreement and/ or, (c) the
Vendor/Developer exercising its right to terminate this Agreement,
the Purchaser/s shall clear the mortgage debt outstanding at the
time of the said termination to the concerned bank/financial
institution. The Purchaser/s shall obtain the NOC or such
necessary letter and other documents including but not limited to
the original registered Agreement for Sale and NOC from the
Vendor/Developer & receipt, etc. from the Lender stating that the
Purchaser/s
has/
have
cleared
the
mortgage
debt.
Notwithstanding the above, the Purchasers obligation to make the
payment of the installments under this Agreement in accordance
with the provisions of this Agreement is absolute and
unconditional. It is also agreed that the Purchaser/s shall be
solely responsible to ensure timely disbursement of the
installments towards consideration from the Lender. Any delay in
receiving the installment from the Purchaser/s or the Lender for
any reason whatsoever will entitle the Vendor/Developer to charge
interest @ 21% per annum, compounded monthly on the
outstanding amount.

6.

AMENITIES, COMMON AREAS AND RESTRICTED AREAS:

6.1

The Vendor/Developer has agreed to provide the internal

amenities/ facilities in the said Flat/ Premises as per details
mentioned in the ANNEXURE F.

6.2

It is expressly agreed that the Purchaser/s shall be entitled to use

and access the external common areas and facilities appurtenant
to the said Flat/ Premises and the nature, extent and description
of such common facilities is set out in the ANNEXURE G
annexed hereto.

Page 10 of 41

6.3

The Vendor/Developer currently envisages that the common areas

and facilities and amenities as stated in the ANNEXURE G
annexed hereto, shall be provided in the layout of the said
Property. Whilst undertaking the development of the said Property
to its full and maximum potential, there may be certain additions/
modifications to the common areas facilities and amenities
detailed in Annexure G annexed hereto and/or relocations/
realignments/ re-designations/ changes in the common areas
facilities and amenities. Further, the common areas and facilities
will be developed in phases and this development may take
considerable time.

7.

RIGHTS OF VENDOR/DEVELOPER:
The Purchaser/s and the Vendor/Developer agree, confirm and
declare that the Vendor/Developer shall be entitled to the rights
and entitlements in this Agreement, which shall be exercised in
accordance with applicable law,-

7.1

The said Property is being developed as a project named as

RUNWAL FORESTS and in a phased manner by constructing
and developing multiple buildings / towers / wings / structures
thereon including the said Building for residential/commercial
user and such user as may be permissible in accordance with
applicable law. The Vendor/Developer shall be entitled to develop
the said Property in accordance with applicable law, the approvals
and permissions as may be issued from time to time, and this
Agreement.

7.2

The Vendor/Developer shall be entitled to utilize, exploit and

consume the entire inherent development potential of the said
Property and adjoining properties, if any (as defined hereinbelow)
(including by way of FSI and TDR nomenclated in any manner
including additional / incentive / special / premium / fungible /
compensatory FSI), as well as any further/future development
potential capable of being utilized on the said Property or any part
thereof and adjoining properties or any part thereof (including
FSI/TDR nomenclated in any manner and purchased TDR),
whether balance or increased, at present or in future, and as may
arise due to any reason including change in applicable law or
policy. Such development potential shall vest with the
Vendor/Developer
and
has
been
reserved
by
the
Vendor/Developer unto itself, and may be utilised by the
Vendor/Developer as the Developer deems fit and proper. The
Vendor/Developer shall always be the owner and will have all the
rights, title, interest in respect of the unsold premises, unalloted/
unassigned car parking spaces, common areas facilities and
amenities open spaces, lobbies, staircases, terrace, swimming
pool, gymnasium, or any similar facility/ies and all other areas,
etc. The Purchaser/s will not have any right, title, interest, etc. in
respect of the common areas and such other areas as may be
designated as common areas by the Vendor/Developer and all
other areas, save as specifically stated in this Agreement;

7.3

The construction and development of the said Property is

presently sanctioned in the manner stated inter-alia in the IOD
and CC, which shall be amended, modified, revised, varied,
changed from time to time, and presently, it is contemplated that
the Towers/ Buildings 1 to 12 may be constructed up to 52
habitable floors respectively.
The Purchaser/s and the

Page 11 of 41

Vendor/Developer agrees that the fundamental entitlement of the

Vendor/Developer to utilize, exploit and consume the full
development potential of the said Property (both inherent and
further/future) including as stated at Recital H above, would
require the Vendor/Developer to amend, modify, vary, alter,
change, substitute and rescind the plans in respect of the said
Property or any part thereof (including layout plans, building
plans, floor plans, the IOD and CC) and undertake such
modified/altered/new
construction
and
development
in
accordance therewith. Consequently, and after negotiations and
discussions between the Purchaser/s and Vendor/Developer, it is
agreed that in the course of development of the said Property and
until completion of the development thereof in the manner stated
in this Agreement, the Vendor/Developer shall be entitled to do
the following as it may deem fit in accordance with applicable law:
a.

Develop the said Property and adjoining properties if any

and construct the building(s) thereon;

b.

Apply for and obtain approvals and permissions in phases,

including amendments to existing approvals and
permissions and part occupation certificates,

c.

Amend, modify, vary, alter, change, substitute, rescind, redesign and re-locate the existing layout plans, building
plans, floor plans (including increase / decrease of floor
levels) (including the IOD and CC), design, elevation for the
purpose of exploiting and consuming the full and maximal
development potential of the said Property (both inherent
and further/future) at present and in future,

d.

To apply for and obtain amended / substituted / revised /

modified layout plans, building plans and floor plans
sanctioning construction of the said Building together with
the other buildings (as the case may be) upto _____habitable
floors or such further floors as may be permissible whilst
exploiting the full and maximal development potential of the
said Property as stated in this Agreement,

e.

Make amendments, modifications, variations, alterations,

changes, deletions and rescissions with respect to the
development of the said Property,

f.

To construct, develop and raise buildings, structures,

towers and wings on the said Property, with and/or without
common podium levels and/or other common levels.

g.

To construct, develop and raise additional levels, floors and

storeys in buildings, structures, towers and wings on the
said Property,

h.

Relocate/realign/reshape, amend, modify, vary, alter and

change, the said Premises including the location thereof,
flats, spaces, areas, buildings, service and utility
connections and lines, open spaces, common areas facilities
and amenities, limited common areas facilities and
amenities, parking spaces, recreation areas, amenity areas
and spaces, infrastructure, pathways, passageways,
overhead and underground water tanks, sumps, pumps,
and all or any other areas, amenities and facilities,

Page 12 of 41

including from what is presently depicted on the IOD and

CC,

7.4

i.

To modify, amend, vary, increase and decrease the share of

the Premises in the common areas facilities and amenities
in the said Property,

j.

To construct in, over or around or above the terrace of the

said Building any additional area or facility, as may be
permitted under applicable law, including the rules of the
MCGM and/or any other authority,

k.

Construct site offices/sales lounge/sample flats on the said

Property (or part thereof) and to access the same at any
time.

l.

To (by itself or through its workmen, staff, employees,

representatives and agents) enter into and upon the said
Property, the said Building and any other building/ tower
and any construction thereon, the Future Buildings,
including to view and examine the condition and state
thereof,

m.

To use the common areas, facilities and amenities, internal

access roads and all facilities, amenities and services in the
layout of the said Property,

n.

To market, sell, transfer, mortgage, alienate and dispose of

or
grant
rights
with
respect
to
the
units/premises/spaces/areas on the said Property and all
its right, title and interest therein in the manner stated
hereinabove. Provided that for any mortgage of the said
Flat/Premises, agreed to be sold hereunder, by the
Vendor/Developer, prior consent of the Purchaser/s will be
required,

o.

To allot and grant car parking spaces on the said Property

to purchasers of units/premises on the said Property, and
which will be eventually conveyed to the Apex Body, as
stated hereinbelow.

p.

To grant or offer upon or in respect of the said Property or

any part thereof, to any third party, all such rights,
benefits, privileges, easements including right of way, right
to draw water, right to draw from or connect to all drains,
sewers, installations and/or services in the said Property.

The Vendor shall provide the amenities (common, limited common

and individual) as stated in this Agreement. However, the said
Project and overall development of the said Property being
dynamic in nature, may warrant changing or shifting the
place/location on which such amenities are provided. The
Developer shall complete the construction of common areas and
facilities as well as the amenities over a period of time and in a
phase wise manner. The Purchaser(s) agree(s) and accept(s) that
such common areas and/or amenities may not be provided
simultaneously/contemporaneously with offering of possession of
the said Premises and might be provided only subsequently upon
the completion of the development of the said Property, whichever
is later or earlier as per the overall development.

Page 13 of 41

7.5

The Vendor/Developer hereby agrees to observe all the terms,

conditions, stipulations and restrictions, if any, which may be
imposed by any statutory authority with respect to the
development of the said Property (including in the IOD and CC as
may be amended, revised and replaced from time to time).

7.6

The draft Development Plan for Greater Mumbai 2034 and Draft
General Development Control Regulations 2034 (collectively
Proposed D.P.) are under revision by the Government of
Maharashtra. Insofar as the Proposed D.P. and consequential
impact on the said Project and the said Property are concerned,a.

The Proposed D.P. envisages higher FSI for the Larger

Property. Such higher FSI shall be utilized in a manner the
Vendor/Developer deems fit in order to exploit the full and
maximal development potential of the said Property.

b.

The Proposed D.P. envisages and proposes changes to

planning norms and construction norms and the
Vendor/Developer will be entitled to/required to revise,
amend, modify, change, vary, and substitute the present
development in accordance therewith.

c.

The
Proposed
D.P.
may
also
require
revision/relocation/modification in the location and
otherwise of the the said Building, any other building or
tower,
Future
Buildings,
construction
of
additional/different floors/wings in the said Building and
Future Buildings or any part thereof, areas, spaces,
common areas facilities and amenities, limited common
areas facilities and amenities, open spaces, parking spaces,
recreation areas, amenity areas and spaces, including the
proposed D.P. Road affecting the said Property.

d.

The Proposed D.P. may also require revision, modification,

amendment of the layout plans, building plans and floor
plans and consequential construction and development in
accordance therewith.

e.

In view of the enforcement of the Proposed D.P., the

Vendor/Developer shall also be entitled to develop the said
Building and the said Property to its full development
potential, as stated in Recital [H] above.

f.

The Vendor/Developer may get the development of the said

Property approved either under the DCR and/or the
Proposed D.P., as may be permissible in law and as may be
feasible to the Vendor/Developer.

7.7

The Vendor/Developer may appoint a third party / agency for the

purpose of operating and maintaining the said Building, Future
Buildings and the said Property including any common areas
facilities and amenities on such terms and conditions as it may
deem fit.

7.8

The Vendor/Developer shall be entitled to securitize the sale

price/ Sale Consideration and other amounts payable by the
Purchaser/s under this Agreement (or any part thereof) in favour
of any persons including banks/financial institutions and shall
also be entitled to transfer and assign to any persons the right to
directly receive the sale price / Sale Consideration and other

Page 14 of 41

amounts payable by the Purchaser/s under this Agreement or any

part thereof. Upon receipt of such intimation from the
Vendor/Developer, the Purchaser/s shall be required to make
payment of the sale price/ Sale Consideration and other amounts
payable in accordance with this Agreement, in the manner as
intimated.

7.9

Subsequent to conveyance/ transfer of the said Building in favour

of the Society as stated in Clause 11.1 below and
conveyance/transfer of the said Property to the Apex Body as
stated at Clause 17.1 below and completion of development of the
said Property, the Vendor/Developer will retain air rights
(including the air rights above the said Building and Future
Buildings) for branding of the said Project and designation of the
Vendor/Developer
with
respect
to
the
said
Project.
Simultaneously, with conveyance/ transfer of the said Property to
the Apex Body as stated at Clause 17.1 below, an agreement will
be executed between the Vendor/Developer and Apex Body
whereby the Apex Body shall grant an irrevocable license to the
Vendor/Developer in perpetuity with respect to air rights and
branding rights upon the said Property and the right to designate
and brand the Project as an RUNWAL FORESTS.

7.10 Until conveyance/ transfer of the said Property in favour of the

Apex
Body
as
stated
at
Clause
17.1
below,
the
Vendor/Developer/or its nominee shall be entitled to put a
hoarding on any part of the said Building or Future Buildings
including on the terrace and/or on the parapet wall and/or on the
said Property and the said hoardings may be illuminated or
comprising neon sign and for that purpose, the Vendor/Developer
is fully authorised to allow temporary or permanent construction
or erection for installation either on the exterior of the said
Building or on the said Property as the case may be. The
Vendor/Developer shall be entitled to use and allow third parties
to use any part of the said Building and/or the said Property for
installation of cables, satellite, communication equipment, cellular
telephone equipment, radio turnkey equipment, wireless
equipment
and
all
other
equipments
etc.
and
the
Vendor/Developer shall be entitled to receive, recover, retain and
appropriate all the rents, profits and other compensation
including any increase thereof which shall belong to the
Vendor/Developer.

7.11 The Vendor/Developer shall be entitled to designate any

spaces/areas on the said Property, the said Building, Future
Buildings or any part thereof (including on the terrace and
basement levels of the said Building) for third party service
providers, for facilitating provision and maintenance of utility
services (including power, water, drainage and radio and
electronic communication) to be availed including by the
occupants of the units/premises to be constructed thereon. Such
designation may be undertaken by the Vendor/Developer on lease,
leave and license basis or such other method as the
Vendor/Developer may deem proper in accordance with applicable
law. Further, the infrastructure (including cables, pipes, wires,
meters, antennae, base sub-stations, towers) in respect of the
utility services may be laid/provided in the manner the
Vendor/Developer may require, and may be utilized in common
including by occupants of units/premises in the said Building /
on the said Property / on the adjoining properties, as the case
may
be.
The
Vendor/Developer
and
its

Page 15 of 41

workmen/agents/contractors/employees and any third party

contracts shall be entitled to access and service such
infrastructure and utilities over the said Property.

7.12 The Vendor/Developer shall be entitled to control advertising,

marketing, signage, hoarding and all other forms of signage
whatsoever within the said Property till such time as the said
Property has been conveyed to the Apex Body as stated at Clause
17.1 below. Such advertising and signage may comprise
hoardings, print media, electric signs, and may be constructed in
a permanent or temporary manner and may be maintained,
serviced, repaired and replaced and the Vendor/Developer and its
nominees shall have access to such hoardings, print media and
electric signage for this purpose.

7.13 The name of the Building shall always be [_____________], and

shall not be changed without the prior permission of the
Vendor/Developer.

7.14 In

the
event
any
flats/premises/spaces/areas
are
unsold/unallotted /unassigned on formation of the Apex Body
and execution of conveyance/transfer deed of the said Property in
favour of the Apex Body as stated at Clause 17.1 below, the
Vendor/Developer shall be entitled to such unsold areas and to
undertake marketing etc. in respect of such unsold areas. The
Vendor/Developer shall not be liable or required to bear and/or
pay any amount by way of contribution, outgoings, deposits,
transfer fees / charges and/or non-occupancy charges, donation,
premium any amount, compensation whatsoever to the
Society/Apex Body for the sale / allotment or transfer of the
unsold areas in the said Building or elsewhere, save and except
the municipal taxes at actuals (levied on the unsold premises) and
a sum of Rs.1000/- (Rupees One Thousand only) per month in
respect of each unsold premises towards the outgoings.

7.15 The Vendor/Developer and their surveyors and agents and assigns
with or without workmen and others, shall be permitted at
reasonable times to enter into the Premises or any part thereof for
the purpose of making, laying down maintaining, repairing,
rebuilding, cleaning, lighting and keeping in order and good
condition (including repairing) all services, drains, pipes, cables,
water covers, gutters, wires, walls, structure or other conveniences
belonging to or serving or used for the said Building. The
Purchaser/s agrees that he/she/it/they shall not undertake any
civil works/fit out works in such areas within the said Premises,
and/or permanently cover/conceal such areas within the said
Premises, nor shall they in any manner restrict the access to the
water/drainage pipes and/or damage the water/drainage pipes in
any manner howsoever.

7.16 The Vendor/Developer shall be entitled to provide limited common

areas and facilities upon the said Property and/or
construction thereon, in accordance with applicable law.

any

7.17 The Purchaser/s agrees that since the scheme of development of

the said Property placed before him envisages the development of
the said Property in a phased manner to its full and maximal
development potential (as stated above), the Purchaser/s has,
after understanding the nature of the scheme, agreed to the rights
and entitlements of the Vendor/Developer as listed in this

Page 16 of 41

Agreement and this Clause 7 and the reservation of these rights

by the Vendor/Developer unto itself until completion of
development of the said Property as stated herein. The
Purchaser/s agrees, undertakes and confirms that he/she/it/they
will not obstruct, hinder or interfere with the development of the
said Property and/or the adjoining properties and all
infrastructures thereon including common areas facilities and
amenities as envisaged under the scheme of development.

7.18 It is expressly agreed that the right of the Purchaser/s under this
Agreement is only restricted to the said Flat/ Premises agreed to
be sold by the Vendor/Developer to the Purchaser/s and all other
premises shall be the sole property of the Vendor/Developer and
the Vendor/Developer shall be entitled to sell, lease, deal or
dispose of the same without any reference or recourse or consent
or concurrence from the Purchaser/s in any manner whatsoever
to any third party.

7.19 If the Floor Space Index (FSI), by whatever name or form is

increased (a) in respect of the said Property and/ or additional
construction (i.e. more than what is envisaged at present) is
possible on the said Property (b) on account of proposed DP,
Transfer of Development Rights (TDR) (or in any other similar
manner) available for being utilised or otherwise and/or if the
sanctioning authorities permit the construction of additional
building, floors/ wing, then in such event, the Vendor/Developer
shall be entitled to construct such additional building, floors,
wing/s as per the revised building/s, layout
plans. The
Purchaser/s expressly consent/s to the same as long as the total
area of the said Flat/ Premises is not reduced. This consent/s
shall be considered to be the Purchaser/s consent /s
contemplated by Section 7 (1) (ii) of the MOF Act which shall be
irrevocable.

7.20 The Vendor/Developer shall always have a right to get the benefit
of additional Floor Space Index for construction from sanctioning
authorities and also to make the additions, alterations, raise
storey/s or put up additional structures as may be permitted by
sanctioning authorities and other competent authorities and such
additions structures and storey/s will be the sole and absolute
property of the Vendor/Developer alone, who will be entitled to
use the terrace/s including the parapet wall for any purpose
including display of advertisements and sign boards and for such
purpose may utilize any common facility or amenity such as
water, electricity etc. available in the said Flat/ Premises to which
the Purchaser/s shall not have any right to object, and it is
expressly agreed that the Vendor/Developer shall be entitled to
put a hoarding or give on lease site for cell base station and
telecom towers on the said Property or on the Buildings or any
part thereof including the terrace and the said hoardings may be
illuminated or comprising neon sign and for that purpose
Vendor/Developer are fully authorized to allow temporary or
permanent construction or erection or installation either on the
exterior of the building/s as the case may be and the Purchaser/s
agrees not to object or dispute the same. The Purchaser/s shall
not be entitled to raise any objection or claim or any abatement in
the price of the said Flat/ Premises agreed to be acquired by him/
her/ them and/ or claim any compensation, benefit or damage on
the ground of inconveniences or any other ground whatsoever
from the Vendor/Developer.

Page 17 of 41

7.21 The Vendor/Developer shall be entitled to install its logo in one or

more places in or upon the building/s and the Vendor/Developer
reserves to itself full and free right of way and means and access
to such place or places for the purpose of repair, painting or
changing the logo.

7.22 The Purchaser/s hereby further agrees and covenants with the
Vendor/Developer to sign and execute all papers and documents
in favour of the Vendor/Developer or otherwise as may be
necessary for the purpose of enabling the Vendor/Developer to
construct the said building/s in accordance with the said plans
relating thereto or such other plans with such additions and
alterations as Vendor/Developer may in their sole discretion deem
fit and proper and/ or for the purpose of applying for or obtaining
the approval or sanction of the Municipal Corporation or any other
appropriate authorities in that behalf as well as for the
construction of such building/s in the said Property upon or after
the grant of such approval or sanction relating thereto provided
the size and location of the said Flat/ Premises agreed to be
purchased by the Purchaser/s is/ are not in any manner
adversely affected. The said Purchaser/s agree/s that the said
consent is irrevocable.

7.23 The Purchaser/s agrees and gives his/ her/ their irrevocable
consent/s to the Vendor/Developer for carrying out the
amendments, alterations, modifications and/ or variations to the
scheme of development in respect of the said Property and/ or to
the further building/s plans (whether envisaged at present or not).
The Purchaser/s irrevocably agrees not to obstruct and/ or raise
any objections whatsoever and/ or interfere with the
Vendor/Developer for carrying out amendments, alterations,
modifications, variations as aforesaid or to the further building/s
plans, if any, in respect of one or more floors, wing or wings and/
or building or buildings to be developed and/ or constructed
(whether envisaged at present or not).

7.24 The Vendor/Developer shall always have the right and be entitled
to purchase and acquire Transfer of Development Rights from the
market and consume the same on the said Property and construct
additional floors, make alterations and deal with the same in the
manner the Vendor/Developer deems fit and proper and the
Purchaser/s hereby irrevocably consent/s to the rights of the
Vendor/Developer mentioned above as well as the rights of the
Vendor/Developer to revise and modify the building plans from
time to time.

7.25 The Purchaser/s is/ are aware that proposed building is

constructed with concession in open spaces/ joint open spaces
and the Vendor/Developer has executed registered undertaking in
favour of the Municipal Corporation.

7.26 It is further agreed between the parties that all undertaking,

declaration, indemnity bond/ bonds, deeds and writing/s given/
executed and/or may be executed by the Vendor/Developer in
favour of MCGM and the concerned bodies/ authorities in respect
of the said Property and its development shall be binding upon the
Purchaser/s and society or condominium including the apex body
as may be formed of the purchaser/s of flat/ premises.

7.27 In the event of the Society being formed and registered before the

Page 18 of 41

sale and disposal by the Vendor/Developer of all the flat/

premises in the Building/s, the power and authority of the Society
so formed or that of the Purchaser/s and the purchaser/s of other
premises in the Building/s shall be subject to the overall authority
and control of the Vendor/Developer in respect of any of the
matters concerning the Building(s), the construction and
completion thereof and all the amenities pertaining to the same
and in particular Vendor/Developer shall have the absolute
authority and control as regards the unsold Flat/ premises and
disposal thereof. In case the Society is formed before the disposal
by the Vendor/Developer of all the flats/ premises then the
Vendor/Developer shall at its option (without any obligation) join
in as a member in respect of such unsold flat/ premises and as
when such flat/ premises are sold, the Society shall admit such
purchaser/s as the member/s without charging any premium/
transfer fees or extra payment of any nature whatsoever.

7.28 Till the entire development of the said Property is completed, the
Purchaser/s shall not interfere in any manner in any work of
development or construction and the Vendor/Developer alone
shall have full control, absolute authority and say over the unallotted areas, roads, open spaces, gardens, infrastructure
facilities, recreation facilities and/ or any other common facilities
or the amenities to be provided in the said Property and the
Purchaser/s shall have no right or interest in the enjoyment and
control of the Vendor/Developer in this regard.

7.29 The Purchaser/s is/ are aware that the Vendor/Developer shall
be entitled to all the benefit of Floor Space Index or any such
entitlements for the more beneficial and optimum use and
enjoyment of the same in such manner as the Vendor/Developer
deem fit and the Vendor/Developer shall be entitled to grant, offer,
upon or in respect of any portion of the said Property, to any third
party all such rights, benefits, privileges, easements, etc. or any
part thereof including right of way, right to draw from or connect
to all drains, sewers, installations and/ or services in the said
Property in such manner as may be desired by the
Vendor/Developer and the Purchaser/s expressly and irrevocably
consents to the same.

7.30 The Vendor/Developer shall be at liberty to sell, assign, transfer

mortgage or otherwise deal with its right, title and interest in the
said Property and/ or the Building, provided that the same does
not in any way materially prejudice the right of the Purchaser/s in
respect of the said Flat/ Premises which is agreed to be sold to the
Purchaser/s.

7.31 In the event of the Vendor/Developer having paid or being

required to pay any amount by way of premium, betterment
charges, development charges, transfer charges, etc. payable to
any sanctioning authority or other authority or the Government of
Maharashtra, then the same shall be reimbursed by the
Purchaser/s to the Vendor/Developer as may be determined by
the Vendor/Developer and non-payment of the same, shall
constitute a breach of this Agreement.

7.32 Save and except or otherwise not to reduce any area of the said
flat/premises, the Vendor/Developer shall have full and absolute
discretion,
to
do
all
acts,
so
as
to
exploit
full
residential/commercial potential if any of the Said Property.

Page 19 of 41

7.33 Irrespective of disputes if any, which may arise between the

Vendor/Developer and the Purchaser/s and/ or the Society, all
amounts, contributions and deposits, including amounts payable
by the Purchaser/s to Vendor/Developer, under this Agreement,
shall always be paid punctually by the Purchaser/s, to the
Vendor/Developer and shall not be withheld, by the Purchaser/s
for any reason, whatsoever.

7.34 The Vendor/Developer shall be entitled to transfer and/ or assign

the benefit of additional F.S.I./ T.D.R. or any other rights of the
said Property to any third party and/or to allow any third parties
to use and/ or
consume T.D.R. or any other benefits or
advantages of any other properties, on the said Property, who
shall be entitled to all the rights mentioned above, including to do
construction mentioned above.

7.35 For all or any of the purposes mentioned under this Agreement
the Vendor/Developer shall be entitled to keep and/ or store any
construction materials, on any portion of the said Property, and/
or to have additional Electricity Supply and/ or additional Water
Supply and for the purpose of construction, to do all such further
acts, deeds, matters and things as may be necessary. In such an
event or otherwise, the Purchaser/s shall not take any objection or
otherwise, on the ground of any nuisance, noise and/ or shall not
claim any easement rights and/ or any other rights in the nature
of easement or prospective or other rights of any nature
whatsoever. The Purchaser/s directly and/ or indirectly, shall not
do any act, deed, matter or thing, whereby the Vendor/Developer
may be prevented from putting any such additional and/ or new
construction and/ or shall not raise objection and/ or obstruction,
hindrance or otherwise.

7.36 The Purchaser/s shall not take any objection, on the ground of
nuisance, annoyance, and/ or claiming any rights, of easement,
and/ or any rights in nature of an easement and/ or obstruction
of light, air, ventilation, open space and/ or open area, and/ or on
any other grounds, of any nature whatsoever and/ or shall not
directly or indirectly do anything and/ or shall not ask for an
injunction, and/ or prohibitory order and/ or calling the
Municipal or any other authorities to issue stop work notice, and/
or withdraw and/ or suspend or cancel any orders passed and/ or
approved Plans so as to prevent the Vendor/Developer, or any of
their nominees or transferees, from developing and/ or to carry
out construction, on the said property and/ or on adjoining
properties.

7.37 The Purchaser/s is/ are aware that as per the present
Development Rules if the FSI/ TDR of Staircase and Liftwell is
available for development, on payment of premium or otherwise,
the Vendor/Developer shall be entitled to utilize the same, either
by constructing additional floors and/ or by utilizing the same in
remaining buildings to be constructed on the said Property and/
or on any vacant area of the said Property, and the Purchaser/s
shall not object to the same by any means whatsoever.

7.38 i) It is mutually agreed, accepted and confirmed between the

parties that the carpet area mentioned is approximate and if in
any case the carpet area of the said Flat/ Premises is increased

Page 20 of 41

due to any reason whatsoever, the Purchaser/s hereby

unconditionally agrees, accepts and undertakes to pay the
Vendor/Developer the price/ consideration for increased carpet
area as per the booking rate.
ii) It is further agreed between the parties that the carpet area of
the said premises/flat is approximate and the actual carpet
mentioned in this agreement may be reduced up to 5% due to
design and construction exigencies. In that event only there being
a decrease in the actual carpet area of the said flat/premises and
the carpet area mentioned herein, then the consideration shall be
proportionately reduced accordingly at the booking rate (without
interest thereon) and such reduction in the consideration amount
shall be settled with the purchaser/s prior to handing over
possession of the said premises.

7.39 Under the present Agreement, the Vendor/Developer has agreed to

sell and transfer only the said Flat/ Premises to the Purchaser/s.
The Purchaser/s hereby agree that he/ she /they shall not claim
any right, title and interest in the said Property or any part thereof
or in the buildings on the said Property or any part thereof, save
and except the said Flat/ Premises. The Purchaser/s shall have
right only in respect of the said Flat/ Premises agreed to be sold to
him/ her/ them and only upon full payment of the consideration
and other charges and deposit, which is agreed in this Agreement.

7.40 Under the present Agreement and at this stage, Vendor/Developer

intends to use actual FSI and TDR alongwith any additional FSI/
TDR available on payment of premium on the said Property
and IOD and Plans have been approved presently only of an actual
FSI of the said Property. The Vendor/Developer, however, reserve
their right, to use the unutilized FSI/ any other development
potential/ TDR and the FSI/ any other development potential that
may become available in future in respect of the said Property and
TDR of any other property on the said Property for construction of
buildings/ additional buildings on the said Property. For all times
in future, Vendor/Developer shall be entitled to use/ consume or
exploit it, till conveyance/ transfer or any other final transfer
document in respect of the said Property in proportion to the area
occupied by the said buildings in respect of the said Property
along with Building/s thereon, have been executed, in favour
of the Society that is to be formed by the Purchaser/s of various
premises in the building.

7.41 The Purchaser/s hereby grants their irrevocable consent to the

Vendor/Developer for mortgaging the said Property or any part
thereof along with the building/s being constructed on the said
Property in favour of any bank, financial institutions, body, trust
persons etc., to enable the Vendor/Developer to augment the fund
for the Vendor/Developer for development of the said Property or
for any other reason the Vendor/ Developer deems fit and proper.
The Vendor/Developer shall clear the mortgage debt in all respect
before the execution of Deed of Conveyance/ Deed of Transfer as
stated in Clause 17 below.

7.42 The Purchaser/s hereby also grants its irrevocable authority,

permission and consent to the Vendor/Developer and agrees and
undertakes that:

Page 21 of 41

a.

Unless the context otherwise suggests or warrants, all

obligations, conditions and liabilities herein imposed upon
the Purchaser/s whether expressly or impliedly, shall be
deemed to be covenant running with the said Flat/
Premises and shall be binding upon the Society.

b.

Irrespective of disputes if any, which may arise between the

Vendor/Developer and the Purchaser/s and/ or the
Society, all amounts, contributions and deposits, including
amounts
payable
by
the
Purchaser/s
to
the
Vendor/Developer under this Agreement, shall always be
punctually paid by the Purchaser/s and shall not be
withheld by the Purchaser/s for any reason whatsoever.

c.

The Vendor/Developer has provided and/ or will provide

certain amenities plot /area/ and facilities to the Municipal
Corporation as per the terms of the Plans approved by the
Municipal Corporation. Society

d.

The Vendor/Developer has further informed to the

Purchaser/s that in addition to the above any additional
benefits arising out of the said amenities plot by any reason
whatsoever nature, the Vendor/Developer will exclusively
be entitled to make or use such claim or benefits/
advantages of the said amenities plot and the Purchaser/s
or their nominee or assignee or Society will not have any
claim, objection or protest of any nature at any time in
future hereafter.

e.

In the event of a portion of the said Property being notified

for setback prior to the transfer of the said Property to the
Society,
the Purchaser/s hereby
specifically
and
unconditionally
agree
and
undertakes
that
the
Vendor/Developer alone shall be entitled to the TDR/ FSI
and any other benefits/advantages present or future arising
out of the said setback area shall solely and exclusively
belong to the Vendor/Developer alone and Purchaser/s or
their nominees or assignee hereby waive all such claim, etc.

Various terms and conditions of this Agreement shall always be

read subject to the terms and conditions, mentioned in the
aforesaid paragraphs.

8.

POSSESSION:

8.1

The possession of the said Flat/ Premises shall be delivered to the

Purchaser/s after the said Flat/ Premises is ready for use,
provided all the amounts due and payable by the Purchaser/s
under this Agreement and the stamp duty and registration
charges in respect of the said Flat/ Premises are duly paid by the
Purchaser/s and the Purchaser/s have otherwise complied with
the terms and conditions of this Agreement, force majeure and all
existing
and/or
new
policies,
guidelines,
amendments,
notifications and other rules and regulations of the concerned
authorities. The Vendor/Developer will endeavor to hand over of
possession of the said flat/Premises to the Purchaser/s on or
before _______________ (Due Date).

8.2

The Vendor/Developer shall be entitled to a grace period of (6) six

months beyond the due date.

Page 22 of 41

8.3

If due to force majeure condition, the Vendor/Developer fails or

delays to give possession of the said Flat/ Premises on the due
date (within any further date or dates as may be mutually agreed
between the parties hereto), then in such case the Purchaser/s
shall be entitled to give notice to the Vendor/Developer
terminating this agreement, in which event the Vendor/Developer
shall within 12 weeks from the receipt of such notice, refund to
the Purchaser/s the amount of deposit or earnest money and the
further amounts, if any, that may have been received by the
Vendor/Developer from the Purchaser/s as installments in part
payment in respect of the said Flat/ Premises along with the
simple interest at the rate of 9% per annum from the date of
receipt till repayment simultaneously against execution and
registration of Deed of Cancellation as per the format of Developer.
In event of such termination neither party shall have any further
claim against the other in respect of the said Flat/ Premises or
arising out of this agreement and the Vendor/Developer shall be
at absolute liberty to dispose off the said Flat/ Premises to any
other person or persons at such price and upon such terms and
conditions as the Vendor/Developer may deem fit. Other than as
set out in the Clause 8.3 above, the Purchaser will have no other
claims or remedy against the Vendor/ Developer.

8.4

If as a result of any legislative order or regulation or direction of

the Government or Public authorities, or change in rules, the
Vendor/Developer is unable to complete the aforesaid building
and/ or give possession of the said Flat/ Premises to the
Purchaser/s in the time prescribed in 8.1 and 8.2 above, the
Vendor/Developer may by notice in writing terminate this
Agreement at its sole discretion and the only responsibility and
liability of the Vendor/Developer in such an event will be to pay
over to the Purchaser/s such consideration as may have been paid
by the Purchaser/s with simple interest thereon @ 9% per annum
on the amount paid till the date of termination within a period of
90 (ninety) days, subject to the Purchaser/s having complied with
all formalities of cancellation at its own costs and consequences
and on such cancellation the Vendor/Developer will be entitled to
deal with and dispose of the said Flat in the manner it deems fit
and proper, without any reference or recourse to the Purchaser/s.
If the Vendor/Developer is unable to hand over the said Flat as
provided above, the Vendor/Developer will pay simple interest at
the rate of 9% per annum for the delayed period as provided under
section 8 of MOFA, until possession for fit-out is handed over.
Notwithstanding
any
of
the
provision
herein,
the
Vendor/Developer shall be entitled to reasonable extension of time
for giving delivery of the Flat/ Premises on the aforesaid date, if
the completion is delayed on account of:
(i)
(ii)
(iii)
(iv)

non-availability of steel, cement, other building material,

water or electric supply;
war, civil commotion or act of God;
any notice, order, rule, notification of the Government or
other public, judicial or competent authority;
labour strikes, or by reason of any act of God if non delivery
of possession is as a result of any notice, order, rule or
notification of the Government and/ or any other public or
Competent authority or of the court or on account of delay
in issuance of NOCs, Licenses, Occupation Certificate, etc
or non availability of essential amenities, services and
facilities such as lifts, electricity and water connections or

Page 23 of 41

(v)

sewage or drainage lines or for any other reason technical

or otherwise or for any reason beyond control of the
Vendor/Developer;
Due to Force majeure.

8.5

The Purchaser/s agrees that the refund of the payment with

interest or payment of interest, as the case may be as provided in
Clause 8.4 above, constitutes the Purchasers sole remedy in such
circumstances and the Purchaser/s foregoes any and all his/ her/
their rights to claim against the Vendor/Developer for any specific
performance and/ or any losses, damages, costs, expenses or
liability whatsoever.

8.6

The Purchaser/s shall take possession of the said Flat/ Premises

within 15 (Fifteen) days of the Vendor/Developer giving written
notice to the Purchaser/s intimating that the said Flat/ Premises
is ready for fit out to carry out the interior/furniture work. In the
event the Purchaser/s fails and/or neglects to take possession of
the said Flat/ Premises within the said period, then without
prejudice to the other rights of the Vendor/Developer hereunder
and under applicable law, including the right to terminate this
Agreement as provided in Clause 5.1 above, the Purchaser/s shall
be liable to pay the Vendor/Developer all charges, outgoing taxes,
levies etc. including but not limited to the compensation
calculated at the rate of Rs. 25/- per sq.ft. of the carpet area per
month or part thereof till such time the Purchaser/s takes
possession of the said Flat/ Premises. The Purchaser/s shall be
liable to pay maintenance, outgoings and other charges, taxes on
expiry of above notice period of 15 days irrespective as to whether
Purchaser/s takes possession of the said Flat/ Premises or
not. In case of nonpayment, Vendor/Developer shall be entitled to
exercise various rights, available under this Agreement. The
Purchaser/s shall alone be responsible/ liable in respect to any
loss or damage that may be caused to the said Flat/ Premises
from the expiry of 15 days from the notice of possession.

9.

DEFECT LIABLITY:

9.1

If within a period of 3 (three) years from the date of making

available the said Flat/ Premises to the Purchaser/s for fit outs,
the Purchaser/s brings to the notice of the Vendor/Developer any
defect in construction or material used (wear and tear, misuse and
force majeure excluded), wherever possible, such defects (unless
caused by or attributable to the Purchaser/s or force majeure)
shall be rectified by the Vendor/Developer at their own costs.
Provided further, if any defect or damage is found to have been
caused due to the negligence of the Purchaser/s or his agents or
on account of force majeure or reasonable wear and tear, then the
Vendor/Developer shall not be liable for the same.

10.

CAR PARKING:

10.1 The Purchaser/s is/ are aware that as a part of the building and a
common amenity, the Vendor/Developer is constructing 3
basement and common podium which consist of several open/
covered/ stilt car parking spaces be used by the purchasers of the
Flats in the buildings.

10.2 At the request of the Purchaser/s, the Vendor/Developer hereby

allocate to the Purchaser/s ______ open/ covered/ stilt car parking

Page 24 of 41

slot/s hereinafter referred to as the said Car Parking Slot) free

of charge. The exact location of the Car Parking Space allocated to
the Purchaser/s shall be finalized by the Vendor/Developer and
car parking allotment letter will be handed over at the time of
handing over possession of the said Flat/ Premises. The
Purchaser/s is/ are aware that the Vendor/Developer have in like
manner allocated and shall be allocating other car parking
space/s to several purchasers of the flats in the building and the
Purchaser/s undertakes not to raise any objection in that regard
and the rights of Purchaser/s to raise any such objection shall be
deemed to have been waived.

10.3 It is further agreed that in the allotted car parking space if

anything else is stored/dumped, the Purchaser/s shall
immediately need to remove the same otherwise the
Vendor/Developer will remove the same at the cost, risk,
consequences and expenses of the Purchaser/s.

10.4 The Purchaser/s hereby accords his/ her/ their irrevocable and
unconditional consent to the Vendor/Developer to allocate the
other car parking spaces to the purchasers of the respective
residential Flats in the building. The Purchaser/s hereby confirms
warrants and undertakes to use the car parking spaces so
allocated to him/ her/ them for the purpose of the parking of car
only and not otherwise. The Purchaser/s hereby further warrants
and confirms that the Purchaser/s shall upon formation of the
Society/ Apex Body, as contemplated herein, cause such Society/
Apex Body to confirm and ratify and shall not and/ or shall cause
the Society/ Apex Body not to alter or change the allocation of car
parking spaces in the manner allocated by the Vendor/Developer
to the various purchasers (including the Purchaser/s herein) of
flats in the building. The allocation is for smooth functioning and
to avoid disputes between Purchaser/s.

11.

SOCIETY AND APEX BODY:

11.1 The Society:

11.1.1 The Vendor/Developer shall form and register a cooperative housing society under the provisions of the
Maharashtra Co-operative Societies Act, 1960 and the
Rules made thereunder and in accordance with the
provisions of MOFA and the New Housing Act (as in force at
the relevant time), in respect of the said Building in which
the purchasers of the premises in the said Building alone
shall be joined as members (the Society).

11.1.2 The Vendor/Developer shall undertake the requisite steps

for formation of the Society as prescribed by MOFA read
with Section 18 of the New Housing Act and the Rules made
thereunder, and in accordance with the timelines specified
therein. It is agreed between the Parties that the said
Building shall be conveyed to the Society vide a registered
indenture of conveyance simultaneously with the
conveyance of the said Property in favour of the Apex Body
as stated at Clause 17 below (Society Conveyance). The
Society shall be required to join in execution and
registration of the Society Conveyance. The costs, expenses,
charges, levies and taxes on the Society Conveyance and
the transaction contemplated thereby including stamp duty

Page 25 of 41

and registration charges shall be borne and paid by the

Society alone. Post the Society Conveyance, the Society
shall be responsible for the operation and management
and/or supervision, administer of the said Building and the
Developer shall not be responsible for the same. .

11.1.3 The name of the Society shall be solely decided by the

Vendor/Developer.

11.1.4 The purchasers of units/premises in the said Building

(including the Purchaser) shall join in the formation and
registration of the Society and shall from time to time sign
and execute the application for registration and/or
membership and other papers and documents necessary for
the formation and registration of the Society and for
becoming a member thereof, including the bye-laws of the
Society. The Purchaser/s shall duly fill in, sign and return
to the Vendor/Developer within 15 (fifteen) days of the
same being forwarded by the Vendor/Developer to the
Purchaser, so as to enable the Vendor/Developer to register
the Society.

11.1.5 The Society shall admit all purchasers of flats and premises
in the said Building as members, in accordance with its
bye-laws.

11.1.6 The Vendor/Developer shall be entitled to join as a member

of the Society in respect of unsold premises in the said
Building, if any.

11.1.7 Post formation of the Society, the Society shall be

responsible for the operation and management and/or
supervision, administer of the said Building, and the
Purchaser/s shall extend necessary co-operation and shall
do the necessary acts, deeds, matters and things as may be
required in this regard.

11.1.8 The

Vendor/Developer shall similarly undertake the

necessary steps for formation of separate co-operative
housing societies in respect of each of the Buildings/
Towers of the said Building and the Future Buildings
(Other Societies) in accordance with the provisions of
applicable law including MOFA and Section 18 of the New
Housing Act and the Rules made thereunder.

11.2 The Apex Body:

11.2.1 Upon completion of the development of the said Property
and adjoining properties by exploitation and utilization of
its full and maximum development potential as permissible
under applicable law as stated in this Agreement, the
Society and Other Societies shall join in forming and
registering a federation of societies as an apex body under
the provisions of the Maharashtra Co-operative Societies
Act, 1960 and the Rules made thereunder and in
accordance with the provisions of MOFA and the New
Housing Act (as in force at the relevant time), in respect of
all the towers/buildings/structures constructed on the said
Property and adjoining properties, if any, as the case may
be, in which the Society and Other Societies formed

Page 26 of 41

previously shall be joined as members (the Apex Body).

11.2.2 The Vendor/Developer shall undertake the necessary

actions as may be reasonably required in this regard.

11.2.3 The requisite steps for formation of the Apex Body as

prescribed by MOFA read with Section 18 of the New
Housing Act and the Rules made thereunder shall be
undertaken upon completion of the development of the said
Property and adjoining properties, if any, by exploitation
and utilization of its full and maximal development
potential as permissible under applicable law and as stated
in this Agreement.

11.2.4 The name of the Apex Body shall be solely decided by the
Vendor/Developer.

11.2.5 The cost, charges, expenses, levies, fees, taxes, duties,

including stamp duty and registration charges, with respect
to the formation of the Society, Other Societies and Apex
Body, including in respect of (a) any documents,
instruments, papers and writings, (b) professional fees
charged by the Advocates & Solicitors engaged by the
Vendor/Developer for preparing, drafting and approving all
such documents and such the transactions, shall be borne
and paid by the Society, other societies, Apex Body and
their respective members/intended members including the
Purchaser, as the case may be, and the Vendor/Developer
shall not be liable towards the same.

12.

COVENANTS BY THE PURCHASER/S:

12.1 The Purchaser/s shall use the said Flat/ Premises or any part
thereof or permit the same to be used only for the purpose of
residence and shall not use the said Flat/ Premises for any
purpose other than for residential use except with the written
permission of the Vendor/Developer or the Society when formed.
The Purchaser/s shall use the parking space only for purpose of
keeping or parking the Purchaser/s own vehicles. The
Purchaser/s shall not use the open spaces/ parking/ stilt/
podium area, etc. for parking their vehicles without prior written
permission of the Vendor/Developer/ Society as the case may be.

12.2 The Purchaser/s has/ have declared that he/ she/ they have
already complied with all the requirement of Income Tax, and
other concerned authorities including RBI (in case of Non Resident
Indian) before entering into this Agreement for Sale with the
Vendor/Developer. Any breach or violation of any Acts or Rules or
Laws by the Purchaser/s shall be entirely at their own cost and
risk.

12.3 Notwithstanding anything contained under this Agreement, it is

clearly and expressly agreed and accepted by the Purchaser/s that
they shall not use any other road or access for ingress and egress
to the residential/ commercial property, save and except the
access road as provided by the Vendor/Developer.

12.4 The Purchaser/s further confirms that they have verified and
inspected the approved plans and certain areas have been
demarcated as reservation and other set back and

Page 27 of 41

Vendor/Developer have given various undertaking, agreements,

deeds, declaration and writing to the Municipal Corporation and
concerned authorities which shall be binding upon the
Purchaser/s/society and apex body as the case may be and the
benefits/ TDR/ DRC shall be for the sole benefit of the
Vendor/Developer alone for which Purchaser/s/society/apex body
have no objection for the same. The Purchaser/s is/ are aware of
that proposed building is constructed with concession in open
spaces/ joint open spaces and the Vendor/Developer have
executed registered undertaking in favour of the Municipal
Corporation.

12.5 The Purchaser/s with an intention to bring all persons in whose

hands the said Flat/ Premises may come, doth hereby covenant
with the Vendor/Developer as follows:
a)

To maintain the said Flat/ Premises at the Purchasers own

cost in good tenantable repairs and condition from the date
possession of the Flat/ Premises is taken and shall not do
or suffer to be done anything in or to the building/s,
staircase/s or passage/s which may be against the rules,
regulations or bye-laws of concerned local authority or
change/ alter or make addition in or to the building or the
Flat/ Premises or part thereof.

b)

Not to store in the said Flat/ Premises any goods which are
of hazardous, combustible or dangerous nature or are so
heavy so as to damage the construction of the Building or
storing of which goods is objected by the concerned local or
other authority and shall not carry or caused to be carried
heavy packages whereby upper floors may be damaged or
that is likely to damage the staircase, common passage or
any other structures of the building/s including the
entrance thereof. In case any damage is caused to the said
Flat/ Premises or the building/s or any part thereof on
account of the negligence or default of the Purchaser/s in
this behalf, the Purchaser/s shall be liable for the
consequences of the breach.

c)

To carry at the Purchasers own cost all internal repairs to

the said Flat/ Premises and maintain it in good condition,
state and order and not to do or suffer to be done anything
in the Flat/ Premises which is in contravention of rules,
regulations or bye-laws laid down by the Vendor/Developer
or of the concerned local public authority.

d)

It is further agreed that in the event of any repair or

internal work is carried out by the Purchaser/s and due to
which any leakage/seepage or damages of whatsoever
nature is caused to the adjoining flat, flat below the
Purchaser/s or the building structure of part thereof, the
same shall be immediately repaired or make good upon
bringing to the notice to the Purchaser/s at the his/her
own cost, risk and consequences without any further delay.

e)

Not to demolish or caused to be demolished the Flat/

Premises or any part thereof nor at any time make or cause
to be made any addition or alteration of whatsoever nature
in or to the Flat/ Premises or any part thereof nor alter the
elevation and outside colour scheme of the building/s and
to keep the portion, sewers, drain pipes in the Flat/

Page 28 of 41

Premises and appurtenances thereto in good tenantable

repair and condition so as to support, shelter and protect
other part of the Building and not to chisel or in any other
manner damage the columns, beams, walls, slabs or RCC
pardis or other structural members in the said Flat/
Premises;
f)

Not to do or permit to be done any act which may render

void or voidable any insurance of the said Property or the
building(s) or any part thereof or whereby any increase in
premium shall be payable in respect of the insurance.

g)

Not to enclose the balcony area or flowerbed inside the said

Flat/ Premises without express written permission of the
Vendor/Developer.

h)

To use the said Flat/Premises only for residence and not to

use the said Flat/ Premises for any unlawful uses or
purposes, which is prohibited/ restricted under any law of
land.

i)

Not to carry out any structural changes/ modification

inside of the Flat/ Premises and also shall not decorate
change or modify the exterior of the said Flat/ Premises or
any part thereof.

j)

Not to carry out any illegal activity from the said Flat/
Premises, that is against the interest of the Society/ Apex
Body/ other purchasers in the building.

k)

Not to throw dirt, rags, garbage or other refuse or permit

the same to be thrown from the Flat/ Premises in the
compound or any portion of the said Property and the
Building/s.

l)

Pay to the Vendor/Developer within 10 days of demand by

the Vendor/Developer, his/ her share of deposit/ charges
demanded by the concerned local authority or government
for giving water, electricity or any other service connection
to the building/s.

m)

To bear and pay present and future increase in local taxes,

development or betterment charges, water charges,
insurance premium and such other levies, if any, which are
and which may be imposed by the Municipal Corporation
and/ or Government and/ or other public authority on
account of change of user of the said Flat/ Premises or
otherwise.

n)

To bear and pay all service tax, works contract tax, VAT,
etc., and such other levies, if any, which may be imposed
with respect to the construction on the said Property and/
or any activity whatsoever related to the Flat/ Premises by
the Corporation and/ or State/ Central/ Government and/
or Public Authority from time to time.

o)

Not to let, sub-let, transfer, assign, mortgage or give Power

of attorney or any authority or part with the Purchasers
right/interest or benefit factor of this Agreement or part
with the possession of the said Flat/ Premises until all the
dues payable by the Purchaser/s to the Vendor/Developer

Page 29 of 41

under this agreement are fully paid up and only if the

Purchaser/s has not been guilty of breach of or nonobservance of any of the terms and conditions of this
Agreement and until the Purchaser/s has obtained prior
written permission of the Vendor/Developer which
permission shall be granted by the Vendor/Developer on
such terms and conditions as may be applicable from time
to time.
p)

Till the management of the Building/s is handed over to the

Society
and/or
the
Apex
Body,
to
allow
the
Vendor/Developer, its surveyors and agents at all
reasonable time to enter into or upon the said Flat/
Premises to view and examine the state and condition
thereof and to carry out repairs.

q)

Not to change the external colour scheme or the pattern of

the colour of the building.

r)

Not to change exterior elevation or the outlay of the

building/s.

s)

Not to carry out civil work which will damage the

waterproofing and/ or plumbing line, etc.

t)

Not to do or suffer to be done anything in the said Flat/

Premises or in the said Property or the building which,
would be forbidden or prohibited by the rules of the
concerned government authorities. In the event, the
Purchaser/s commits any acts or omissions in
contravention to the above, the Purchaser/s alone shall be
responsible and liable for all the consequences thereof to
concerned authorities in addition to any penal action taken
by the Vendor/Developer in that behalf.

u)

These covenants shall be binding and operative even after

the formation of the Society/ Apex Body.

v)

The Purchaser /s shall observe and perform all the rules

and regulations which the Society may adopt at its
inception; and the additions, alterations or amendments
thereof that may be made from time to time for protection
and maintenance of the said building and the Flats therein
and for the observance and performance of the Building
Rules, Regulations and Bye-Laws for the time being of the
concerned local authority and of Government and other
public bodies. The Purchaser/ s shall also observe and
perform all the stipulations and conditions laid down by the
Society regarding the occupation and use of the Flat/
Premises in the building and shall pay and contribute
regularly and punctually towards the taxes, expenses or
other outgoings in accordance with the terms of this
agreement.

w)

The Purchaser/s shall have no claim, save and except in

respect of the Flat/ Premises. All other areas including
common area and facilities will remain the property of the
Vendor/Developer until the whole of the said Property is
transferred as herein provided subject to the rights of the
Vendor/Developer as contained in this Agreement.

Page 30 of 41

x)

The Purchaser/s hereby agrees that in the event of any

amount by way of premium or security or any charges is
payable to the BMC or State Government or to the MSEB,
or betterment charges or development charges, tax or
security deposit or charges for the purpose of giving water
connection, drainage, connection and electricity connection
or any other tax or payment of similar nature becoming
payable by the Vendor/Developer, the same shall be paid
by the Purchaser/s
to the Vendor/Developer in
proportionate to the areas of the said Flat/ Premises and in
determining such amount the discretions of the
Vendor/Developer shall be conclusive and binding upon
the Purchaser/s. It is agreed that the betterment charges
referred to hereinabove shall mean and include pro-rate
charges which the Purchasers may be called upon to pay
the Vendor/Developer in respect of installation of water
line, water mains, sewerage lines, electric cables, electric
sub-station (if any) making and maintaining of internal
road, and access to the said Property drainages, layouts,
etc. till handover of the Flats to the Society of all
purchasers and this amount shall be in addition to any
other amount mentioned under this Agreement.

y)

The Purchaser /s shall not be entitled to call upon the

Vendor/Developer to form the Society before completion of
the entire project (including complete development of the
amalgamated Property, including adjoining properties). The
Vendor/Developer shall be entitled to decide in their
absolute discretion, the nature of the organization to be
formed in respect of the building/s.

z)

The Purchaser/s shall not ask for any partitions, and/ or

division towards his/ her rights in the said Flat/ Premises
and/ or the said building in which the said Flat/ Premises
is situated and/ or of the said Property and/ or shall not
ask for independent rights, access in the said building and/
or in the said Property and/ or any independent agreement
or any other agreement of the said Flat/ Premises.

aa)

It is expressly agreed between the Vendor/Developer and

the Purchasers/ that the said Flat/ Premises shall be
utilized for residential purpose only and for no other
purpose or purposes whatsoever. The Purchaser/s agrees to
not to change the user of the said Flat/ Premises without
prior consent in writing of the Vendor/Developer till
conveyance/ transfer is executed or the Organization and
the Purchaser/s also agree/s that any unauthorized change
of user by the Purchaser/s shall render this Agreement
voidable and the Purchaser/s in that event shall not be
entitled to any right arising out of this agreement.

bb)

The Purchaser/s are aware that stilt car parking, podium

car parking and open car parking belong to the
Vendor/Developer only and the same cannot be used by the
purchasers/ Ad-Hoc Committee/ Proposed Societies/
Managing
Committee
unless
acquired
from
the
Vendor/Developer under a separate allotment letter and or
an Agreement is executed by the Vendor/Developer. The
security of Vendor/Developer shall have every right to
remove any such car/ vehicles parked by purchasers, AdHoc Committee/ Society Managing Committee from site,

Page 31 of 41

who have parked, without obtaining such allotment letter/

Agreement. Without prejudice to the aforesaid, it will be the
personal, joint and several responsibilities of Members of
the Adhoc Committee and/ or of the Committee of the
Society, only to see that, members and/ or the Purchaser/s
do not park their cars, on any open area of the said
property, to whom, the Vendor/Developer
have not
allotted, any car parking, and in such an event, the person
committing default, along with members of the Committee,
shall personally be responsible, jointly and severally, for the
costs and consequences thereof. The Purchaser/s are not
allowed/ entitled to use any area for car parking or
otherwise unless the Vendor/Developer in writing permits
the same.
cc)

The Purchaser/s agree and confirm that from the date of

delivery of possession of the said Flat/ Premises, the
Purchaser/s and other purchaser/s shall observe and
perform all the rules and regulations of the Municipal
Corporation and other statutory bodies and shall indemnify
and keep indemnified the Vendor/Developer against any
loss or damage.

dd)

The grill fitting in the said Flat/ Premises will be done by

the Purchaser/s at its own cost and expenses, as per the
design provided by the Vendor/Developer. The Purchaser/s
will have to pay extra for the grill and for fitting thereof if
the same is provided by the Vendor/Developer. The
Purchaser/s will not be permitted or allowed to make any
change in the design or do any alteration with the grill. The
Purchaser/s further undertakes not to fix or install the grill
from outside of sliding window, which may damage, the
elevation of the said buildings.

ee)

Before taking possession of the said Flat/ Premises, the

Purchaser/s will inspect the said Flat/ Premises and will
fully and completely satisfy himself/ herself/ themselves
with the said Flat/ Premises in respect of the area, item of
work or quality of work or the materials used for
construction of the said building and the amenities
provided, and after taking possession, the Purchaser/s will
not raise claims about the area, amenities provided by the
Vendor/Developer with respect to the said Flat/ Premises.

ff)

The Vendor/Developer shall utilize the sum as referred to in

here in above for meeting all legal costs, charges including
the professional cost of the Attorney/ Advocates of the
Vendor/Developer in connection with formation of the
Society and/or Apex Body preparing its rules, regulations
and bye-laws and the cost of preparing and engrossing this
Agreement and the Deed of Conveyance/ assignment of
lease/ Deed of Transfer and in case of any short fall in the
expenses, the Purchaser/s agree/s and accepts to pay the
Vendor/Developer for the same.

gg)

Subject
to
what
is
stated
herein
above,
the
Vendor/Developer shall maintain a separate account in
respect of sum received by the Vendor/Developer from the
Purchaser/s as advance or deposit, on account of the share
capital of the Society, outgoings, legal charges and shall

Page 32 of 41

utilize the same for the purpose for which they have been
received;

12.6 In the event the Purchaser/s commits any breach of the

provisions of Clause 12.5 above, then without prejudice to the
rights of the Vendor/Developer under this Agreement and
applicable law, including Clause 5.1 above, the Purchaser/s will
be liable to pay such sum as per the rules to be prepared by the
Vendor/Developer at the time of handing over possession of the
said Flat to the Purchaser/s for fit outs. The Purchaser will also be
liable to pay the cost of rectification or damage on account of any
such non-compliance or breach by the Purchaser/s.

13.

It is also understood and agreed by and between the parties hereto

that the terrace space in front of or adjacent to the Flat in the said
building, if any, shall belong exclusively to the Vendor/Developer.
The Purchaser/s shall not enclose the said terrace till the
permission in writing is obtained from the concerned local
authority and the Vendor/Developer or the Society or the or the
Apex Body as the case may be.

14.

Any delay tolerated or indulgence shown by the Vendor/Developer

in enforcing the terms of this agreement or any forbearance or
giving of time to the Purchaser/s by the Vendor/Developer shall
not be construed as a waiver on the part of the Vendor/Developer
of 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 Vendor/Developer.

15.

OUTGOINGS:

15.1 Commencing a week after notice in writing is given by the

Vendor/Developer to the Purchaser/s that the Premises is
ready for fit-outs or for occupation, whichever is earlier, the
Purchaser/s shall be liable to bear and pay the proportionate
share (i.e. in proportion to the carpet area of the said Flat) of
outgoings in respect of the said Property and the Buildings
viz. local taxes, betterment charges and such other charges
as levied by the concerned local authority and/or
Government, water charges, insurance, common lights,
repairs and salaries of the staffs/clerk, bill collectors,
chowkidars/security staff , sweepers/housekeeping ,
liftman, electricians and all other expenses necessary and
incidental to the Management and maintenance of the said
Property and Buildings. It is hereby agreed that until the
Society / Apex Body is formed and the said Property or the
said Building/s is/are transferred to it, the Purchaser/s
shall pay to the Vendor/Developer whether demanded or
not at all times such proportionate share of outgoings in
respect of the said Premises, all rates, taxes, dues, duties,
impositions, outgoings, burden, water charges, insurance
premium, maintenance, common lights charges, upkeep
maintenance charges of club house, repairs, salaries of
employees (bill collector, chowkidar, liftman, sweeper etc.)
and all other expenses and/or incidental to the management
and maintenance of the said Building whether the same are
imposed, levied on or paid by the Vendor/Developer and as
may be determined. The Purchaser/s further agrees that till

Page 33 of 41

the Purchaser/s share is so determined, the Purchaser/s

shall pay to the Vendor/Developer provisional monthly
contributions
of
Rs._______/(RUPEES
___________________________ONLY) towards the outgoing
charges.. On such conveyance or any other Deed as may be
decided by the Vendor/Developer being executed, (the
aforesaid deposits, subject however to the deductions by the
Vendor/Developer of the amounts any due and payable by
the Purchaser of the said premises to the Vendor/Developer
under the terms and conditions of this agreement) shall be
paid over by the Vendor/Developer to the Society.
It is further clarified, agreed and accepted between the
parties that Purchaser/s shall pay the above provisional
monthly maintenance charges in advance for a period of 30
months which shall be paid on or before handing over of the
said premises for fit/out furniture work or possession
whichever is ever earlier. The amounts of 30 months advance
maintenance charges so paid by the Purchaser/s to the
Vendor/Developer shall not carry any interest and remain
with the Vendor/Developer. The said maintenance charges
is on provisional basis and any increment/revision/
enhancement/adjustment of any nature whatsoever in the
charges shall be levied/charged upon to the purchaser/s
which purchaser/s hereby agree and accept to pay the same
on demand by the Owner/Developer or society as the case
may be. Upon expiry of 30 months or upon
exhausting/spending/adjusting the total amount of
Rs._________________( Rupees ________________________ Only)
as mentioned in clause No. 3.7 hereinabove) whichever ever
is earlier, the Purchaser/s undertake to pay such provisional
monthly contributions and such proportionate share of
outgoings regularly on the 10th day of each and every month
in advance and shall not withhold the same for any reason
whatsoever.
16.

SET OFF/ ADJUSTMENT:

16.1 The Purchaser/s hereby grants to the Vendor/Developer the

unequivocal and irrevocable consent to recover/ set off/ adjust the
amounts payable by the Purchaser/s to the Vendor/Developer
including the total consideration, the said charges, interest and/
or liquidated damages from the amounts if any, payable by the
Vendor/Developer to the Purchaser/s. The Purchaser/s agrees
and undertakes not to raise any objection or make any claims
with regard to such adjustment/ set off and the claims, if any, of
the Purchaser/s, in that regard, shall be deemed to have been
waived.

17.

APEX BODY CONVEYANCE:

17.1 Upon completion of the development of the said Property and

adjoining properties, if any, by exploitation and utilization of its
full and maximal development potential and upon completion of
the formation of the Apex Body as mentioned in Clause 11.2
above, the Vendor/Developer and Apex Body shall execute and
register a single composite Indenture of Conveyance/ Deed of

Page 34 of 41

Transfer whereby the Vendor/Developer shall convey/ transfer all

its right, title and interest in the said Property/adjoining
properties, if any in favour of the Apex Body (Apex Body
Conveyance). It is agreed that the Vendor/Developer shall confer
title of the said Property/adjoining properties, if any, by way of a
single composite conveyance/ deed of transfer i.e. the Apex Body
Conveyance. Save and except as may be required under applicable
law, the Purchaser, Society, Other Societies and Apex Body shall
not be entitled to any FSI/development potential available in
future exceeding the FSI consumed in the Buildings and Future
Buildings, as the case may be.

17.2 The Apex Body Conveyance shall be subject to inter-alia,17.2.1 the reservation of all rights of the Vendor/Developer under
this Agreement unto itself including the right of the
Vendor/Developer to continue to develop the said
Property/adjoining properties, if any, by exploiting its full
and maximal development potential, all further/future FSI
and development potential of the said Property/adjoining
properties which will vest with the Vendor/Developer unto
itself and the entitlement of the Vendor/Developer to
continue to construct, develop, market, dispose of such
development, FSI and development potential and to sell,
transfer, alienate or dispose of in any other manner
howsoever
all
the
unsold
construction/units/areas/flats/premises
including
as
stated under this Agreement,
17.2.2 the liability of the Apex Body to pay all taxes, charges,
levies, dues, cesses, revenue etc. and to maintain the street
lighting, common water tanks and water pipe lines and
water connections and all other common services, benefits,
facilities, amenities and advantages as stated therein.

17.3 The Apex Body shall be required to join in execution and

registration of the Apex Body Conveyance. The costs, expenses,
charges, levies and taxes on the Apex Body Conveyance and the
transaction contemplated thereby including stamp duty and
registraton charges shall be borne and paid by the Apex Body
alone. Post the Apex Body Conveyance, the Apex Body, the Society
and the Other Societies, as the case may be, shall be responsible
for the operation and management and/or supervision of the said
Building and the said Property including any common areas
facilities and amenities and the Vendor/Developer shall not be
responsible for the same.

19.

STAMP DUTY AND REGISTRATION:

19.1 The stamp duty, and the registration charges and other incidental
charges to this Agreement and on its duplicate shall be borne and
paid by the Purchaser/s. The Purchaser/s shall at his/ her/ their
cost and expenses, lodge this Agreement before the concerned
Sub-Registrar of Assurances within the time prescribed by the
Registration Act, 1908 and after due notice on this regard the
Vendor/Developer shall attend such office and admit the
execution thereof.
20.

NOTICES:

Page 35 of 41

20.1. Any notice to any party hereto in connection with this Agreement
shall be in writing and be served upon the address as mentioned
herein. Each party shall inform the other party in writing of any
changes in his/ its contact details. Notices shall be deemed to
have been properly given, if sent through registered letter, courier
service, personal delivery or facsimile. Date of service of a notice
delivered personally, by courier service or registered letter shall be
the actual date of such delivery. Date of service for facsimile notice
shall be the business day after sending of such facsimile.
20.2. The address and fax number
of each Party for any
communication or document to be made or delivered under or in
connection with this Agreement is, the following:
In case of the Purchaser
Name
:
_______________
Address
:
_______________
Phone :
_______________
Email
:
_______________
In case of the Vendor/ Developer

21.

Name

Address

Phone :
Email

M/S WHEELABRATOR ALLOY

CASTINGS LTD.
L.B.S. Marg, Near Mangatram Petrol
Pump, Bhandup (W), Mumbai 400078
_______________
_______________

INDEMNIFICATION BY THE PURCHASER:

21.1. The Purchaser/s hereby indemnify and keep indemnified the

Vendor/Developer and hold the Vendor/Developer harmless
against all actions, claims, demands, proceedings, costs, damages,
expenses, losses and liability (including its professional and legal
fees in relation thereto) of whatsoever nature incurred or suffered
by the Vendor/Developer directly or indirectly in connection with:
(a) the enforcement of or the preservation of any rights of the
Vendor/Developer under this Agreement; (b) any breach and/ or
default by the Purchaser/s in the performance of any and/ or all
of his/ its obligations under this agreement; (c) any injury to any
property(ies) or persons(s); or death of person(s); or damages to
any property(ies) howsoever arising related to the use and/ or
occupation of the said Flat/ Premises and directly or indirectly as
a result of the negligence, act and/ or omission of the Purchaser/s
or his/ her/ its agents, servants, tenants, guests, invitees and/or
any person or entity under his/ its control; and (d) Purchasers
non-compliance with any of the restrictions regarding the use
and/ or occupation of the said Flat/ Premises.
22.

GENERAL PROVISIONS:

22.1. This Agreement and all annexures as incorporated into this

Agreement by reference, constitute the entire agreement between
the parties hereto and there are no other representations,
warranties, conditions or collateral agreements, express or
implied, written or oral, whether made by the Vendor/Developer,
any agent, employee or representative of the Vendor/Developer or
any other person including, without limitation, arising out of any
marketing
material
including
sales
brochures,
models,

Page 36 of 41

photographs, videos, illustrations, provided to the Purchaser/s or

made available for the Purchasers viewing. This Agreement shall
form the only binding agreement between the parties hereto
subject only to the terms and conditions contained herein and this
Agreement fully supersedes and replaces any previous agreements
including letters, correspondences, sales brochures, models,
photographs, videos, illustrations concerning the said Flat/
Premises between the parties hereto.
22.2. The invalidity of any term, conditions or stipulation of this
Agreement shall not affect the validity of the remaining terms,
conditions or stipulations of this Agreement or the validity of the
Agreement itself.
22.3. No failure to exercise or delay in exercising or enforcing any right
or remedy under this Agreement shall constitute a waiver thereof
and no single or partial exercise or enforcement of any right or
remedy under this Agreement shall preclude or restrict the further
exercise or enforcement of any such right or remedy.
22.4. If there is more than one Purchaser named in this Agreement, all
obligations hereunder of such Purchaser shall be joint and
several.
22.5. Notwithstanding anything contained under this Agreement, the
Purchaser/s has/ have expressly agreed, accepted and confirmed
to pay/ reimburse to the Vendor/Developer immediately as and
when demanded by the Vendor/Developer and/ or to the
appropriate authorities all the present/ future/ revised/ new
Property/ Municipal Tax, Service tax, Education Cess, Vat tax,
W.C.T. tax, and/ or any other levies, taxes, cess, surcharge dues,
duties, fine, penalty, interest, etc which may be under any name
or terminology payable and/ or may become payable due to
change/ amendment in the existing laws, rules or due to
implementation/ enactment of any new laws/ rules by the local
bodies, State Government, Central Government or by any
competent authorities. In determining such amount, the decision
of the Vendor/Developer shall be conclusive and binding upon the
Purchaser. The Purchaser/s shall pay such amount in additions
to any amount mentioned under this agreement or otherwise. On
the Purchaser/s committing default in paying any of the amounts
as aforesaid, the Vendor/Developer shall be entitled at its own
option to terminate this Agreement. Provided, always that the
power of termination herein before contained shall not be
exercised by the Vendor/Developer, unless and until the
Vendor/Developer shall have given to the Purchaser/s 30 days
prior notice in writing of its intention to terminate this Agreement
and of the specific breach or breaches of terms and conditions in
respect of which, it is intended to terminate this Agreement and
default shall have been made by the Purchaser/s in remedying
such breaches within 7 days after giving such notice.
22.6. The Purchaser/s shall not be entitled to transfer its rights, title
and interest in the said Flat within a period of 2 years from the
date of intimation of allotment of the said flat or receipt of 19.90%
of the total consideration whichever is later. After the expiry of the
aforesaid period of 2 (two) years, in the event the Purchaser is
desirous of transferring its right, title and interest in the said Flat
or under this Agreement to any third party (Third Party), the
Purchaser/s would need to (i) obtain the prior written consent of
the Vendor/Developer, (ii) pay all amounts due and payable under

Page 37 of 41

this Agreement and applicable law till that date and (iii) have
complied with all the terms and conditions of this Agreement and
subject to the right of first refusal in favour of the
Vendor/Developer exercisable in the following manner: -

(a)

In the event the Purchaser/s proposes to transfer its rights,

title and interest in the said Flat or under this Agreement to
any Third Party after the Purchaser/s has complied with
the conditions mentioned above, the Vendor/ Developer
shall have the first right to acquire the said Flat at the same
rate and on the same terms and conditions as
agreed/offered by the Third Party (ROFR);

(b)

The Purchaser/s shall inform Vendor/Developer in writing

about the terms and conditions agreed/offered by the Third
Party (Transfer Notice). Within a period of 15 (fifteen)
days after delivery of the Transfer Notice (Offer Period),
Vendor/Developer shall inform Purchaser/s whether or not
Vendor/Developer is desirous of purchasing the said Flat on
substantially the same terms and conditions as mentioned
in the Transfer Notice (Reply Notice);

(c)

In the event Vendor/ Developer exercises its right to

purchase the said Flat in terms of the Reply Notice,
Vendor/Developer shall complete the purchase and
acquisition within 30 (thirty) days from the date of receipt
by the Purchaser/s of the Reply Notice on substantially the
same terms and conditions as mentioned in the Transfer
Notice;

(d)

In the event Vendor/Developer refuses to exercise its right

to purchase the said Flat, the Purchaser/s shall be entitled
to sell the said Flat to the Third Party on the same or better
terms stated in the Transfer Notice;

(e)

In the event, Purchaser/s do not complete the sale within

45 (Forty Five) days after the expiry of the Offer Period, the
ROFR shall revive and Vendor/Developer shall be entitled to
exercise the same in the same manner provided
hereinabove. In any event, the ROFR is not exercised,
Vendor/Developer shall charge an administrative fee
calculated at the rate of Rs. 500/- (Rupees five hundred)
per square foot at the time of any transfer of the said Flat
by you under the ROFR to a Third Party.

23. The Parties are assessed under the Income Tax Act and their
respective Permanent Account Numbers are as under:
Vendor/Developer:
Purchaser/s:

AAACW0462F
________________

THE FIRST SCHEDULE ABOVE REFERRED TO

(Description of the Said Property)
All that pieces and parcels of land admeasuring about 61,665.60 (Sixty
One Thousand Six Hundred and Sixty Five point Sixty) square metres
bearing CTS Nos. 596, 596/1-6, 597, 597/1-7, 598, 598/1-3, 599A,
599A/1-81, 601, 602, 602/1-9, 603, 604, 605, 605/1-17, 606, 606/183, 607A, 607/1-31 and 607D situated at Village Kanjur, Taluka Kurla

Page 38 of 41

within the Registration District and Sub-District of Mumbai City and

Mumbai Suburban together with the buildings and other structures
standing thereon, lying, being and situate at Lal Bahadur Shastri Marg,
Bhandup (West), Mumbai-400078.

THE SECOND SCHEDULE ABOVE REFERRED TO

(Description of the Flat/Premises):
All that pieces and parcels of the Flat bearing No. __________,
admeasuring ______ sq. mtrs of carpet area [____ sq. feet of carpet area]
situated on __________ floor of _______ Wing in Building No. _____ of the
building known as _______ in project RUNWAL FORESTS being
constructed on the said Property as referred in to the First Schedule
herein above.
IN WITNESS WHEREOF the Parties have executed this Agreement on
the day and year first hereinabove mentioned.
SIGNED AND DELIVERED
By the within named VENDOR/DEVELOPER
WHEELABRATOR ALLOY CASTINGS LTD.
By hand of its
Authorized Signatory
MR. ________
in the presence of

)
)
)
)
)
)

1._________________________
2._________________________
SIGNED AND DELIVERED
By the within named PURCHASER/S
________________
in the presence of

)
)
)
)

1. _____________________
2. ____________________
RECEIVED of and from the Purchaser above
named the sum of Rs._____________________
(Rupees ____________________
_____________________ Only
being the part consideration in
respect of the Said premises.

)
)
)
)
)
)

We say received
FOR WHEELABRATOR ALLOY CASTINGS LTD.

Director / Authorized Signatory

Page 39 of 41

--------------------------------------------------------Dated this -------day of ------------- 20-------------------------------------------------------------Between

WHEELABRATOR ALLOY CASTINGS LTD.

Vendor / Developer
AND

MS/MRS
.
Purchaser

--------------------------------------------------

AGREEMENT FOR SALE

--------------------------------------------------

Re:
Flat No ___Building No.at
Runwal Forests, at LBS Marg,
Kanjur Marg (W)
Mumbai 400 078

Page 40 of 41

LIST OF ANNEXURES
1.

Annexure A Title Certificate

2.

Annexure B Property Register Card

3.

Annexure C Intimation of Disapproval (IOD)

4.

Annexure D Commencement Certificate (CC)

5.

Annexure E Plan of the said flat/premises

6.

Annexure F List of internal amenities provided in the

flat/premises

7.

Annexure G List of external amenities/common facilities

Page 41 of 41