agreement for sale_draft(aster group)

8/12/2019 Agreement for Sale_Draft(Aster Group)

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AGREEMENT FOR SALE

THIS AGREEMENT IS MADE ON THIS THE DAY OF TWO THOUSAND AND TWELVEBETWEEN ARADHYA NIRMAN PRIVATE LIMITED, a Company duly registered and incorporatedunder the Companies Act, 1956 having its registered office at the premises no. 50, Suburban School

oad, !olice Station "alighat, "ol#ata $00 0%5, hereinafter referred to as the &DEVELOPER' ()hichterm and e*pression shall unless e*cluded by or repugnant to the sub+ect or conte*t shall be deemedto mean and include its successors, successorsininterests and-or assigns of the FIRST PART.

AND

PAKKER KADER MOHIDEED GANI, son of !a##er /ohammed, by faith /uslim, by occupationusiness, residing at %-C, 2lliot oad, "ol#ata 3 $00 016, hereinafter referred to as the & OWNER'()hich e*pression unless e*cluded by or repugnant to the sub+ect or conte*t shall be deemed to meanand include their and each of their respective heirs e*ecutors administrators legal representativesand-or assigns of the SECOND PART.

AND

, son-)ife of 44444444, by faith 44.44.., by occupationService-usiness-ouse)ife, residing at 444444444.., and , son-)ife of44..44444, by faith 444..., by occupation Service-usiness-ouse)ife, residing at44444444444 and-or 444444444..4444.4444, a444444444444444444444.. having its office at 44444444444444.,hereinafter called and referred to as the PURCHASER/S()hich term and e*pression shall unlesse*cluded by or repugnant to the sub+ect or conte*t be deemed to mean and include his-her-its-theirheirs, e*ecutors, administrators, successors, successorsininterests, representatives, nominee-s andassigns of the THIRD PART.

WHEREAS:

A. UNLESS IN THESE PRESENTS, THERE BE SOMETHING CONTRARY OR REPUGNANTTO THE SUBJECT OR CONTET:

i SAID PREMISES shall mean the piece or parcel of land containing an area of $ighas $ Cottahs 15 Chittac#s and 15 s. ft.more or less situate lying and comprisedin 7. 8. o. 1:% and 1:;,


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iv COMMON AREAS AND INSTALLATIONS shall mean the areas installations andfacilities in the ousing Comple* and the said !remises as mentioned and specifiedin PART!I of the THIRD SCHEDULE hereunder )ritten and e*pressed or intended bythe


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and-or ta*es amongst the Common 2*penses then such share of the )hole shall bedetermined on the basis on )hich such rates and-or ta*es are being respectivelylevied (i.e. in case the basis of any levy be on area rental income consideration oruser then the same shall be determined on the basis of the area rental incomeconsideration or user of the said ?nit-@lat-Space.

*i DEVELOPMENT AGREEMENT shall mean the )ners therein alsoreferred to as the >)ners of the one part and the


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. Fhe >)ners are sei=ed and possessed of and-or other)ise )ell and sufficiently entitled as thefull and absolute o)ners to the said !remises described in %&' FIRST SCHEDULE hereunder)ritten, absolutely and forever. )ners to the said !remises is setout in the SITH SCHEDULE hereunder )ritten.

C. y and in terms of the )ners irrevocably permitted and

granted e*clusive right to the


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5.1 Bt is e*pressly agreed understood and clarified as follo)sG

(i Fhe


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!urchaser-s shall +oin and also cause all intervening nominees to +oin in the deed oftransfer as parties. All such nominations shall be sub+ect to free approval by the


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t)enty only per suare foot of the super built up area comprised in the said?nit-@lat-Space.

v !roportionate costs, charges and e*penses for formation of the /aintenanceCompany-Association, being s.1,500-I(upees >ne Fhousand @ive undred only.

vi !roportionate share of the cost, charges and e*penses for acuiring and installationsof the Fransformer )ith all euipments s)itches accessories and materials reuiredfor the same, calculated Js.;0-I (upees Fhirty only per suare foot of the superbuilt up area comprised in the said ?nit-@lat-Space.

vii !roportionate share of the cost, charges and e*penses for acuiring and installationsof the Eater Freatment !lant )ith euipments accessories and materials reuired forthe same, calculated Js.5-(upees five only per suare foot of the super built uparea comprised in the said ?nit-@lat-Space.

viii Fhe fees and-or legal charges of the Advocates for preparation of these presents andthe Sale


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.1.1 Fhe !urchaser-s shall also deposit and #eep deposited )ith the


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)heeler or any other vehicle at any place in the said !remises (including at the openspace at the said !remises AND if the par#ing right is so e*pressly granted andmentioned in the )ithin stated SECOND SCHEDULE then to use the par#ing space-ssolely for the purpose of par#ing of medium si=ed motor car-s, t)o )heeler-s andother vehicles, as applicable and as e*pressly granted to the !urchaser-s hereunder,and precisely )ithin the demarcated par#ing space-s so agreed to be granted and to

ensure that (i no part of the motor car-s, t)o )heeler-s or other vehicle-s, asapplicable, is par#ed cross or e*ceeds the limit of demarcation of such par#ingspace-s and (ii only one motor car, t)o )heeler or other vehicle, as applicable, ispar#ed in one par#ing space, if such right is hereby granted. Fhe par#ing space,)herein the right to par# is agreed to be granted herein, if any, shall never beenclosed by any )all or fencing and shall never be bloc#ed by #eeping any otherarticle-goods.

(f ot to use the roof or other Common Areas and Bnstallations for bathing or otherundesirable purposes or such purpose )hich may cause any nuisance or annoyanceto the other Coo)ners.

(g Fo use the Common Areas and Bnstallations only to the e*tent reuired for ingress to

and egress from the said ?nit-@lat-Space of men and materials and passage ofutilities and facilities.

(h Fo #eep the common areas, open spaces, par#ing areas, paths, passages,staircases, lobby, landings etc., in the premises free from obstructions orencroachments and in a clean and orderly manner and not to store or allo) any oneto store any goods articles or things therein or thereat or in any common areas of thesaid premises.

(i ot to claim any right )hatsoever or ho)soever over any ?nit-@lat-Space or portion inthe said premises save the said ?nit-@lat-Space and also not to claim any right of preemptive purchase in the event of sale or transfer of other ?nit-@lat-Spaces-undividedshare in the land of the said premises.

(+ ot to put any nameplate or letter bo* or neonsign or board in the common areas oron the outside )all of the buildings save a letterbo* at the place in the ground flooras be e*pressly approved or provided by the


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(m ot to deposit or thro) or permit to be deposited or thro)n any rubbish or refuse or)aste in the roof, staircase, lobby, landings, path)ays, passages or in any otherCommon Areas and Bnstallations or in any other portion of the said premises nor intolavatories, cisterns, )ater or soil pipes serving the ousing Comple* nor allo) orpermit any other Coo)ner to do so.

(n ot to commit or permit to be committed any alteration or changes in pipes, conduits,cables and other fi*tures and fittings serving the other ?nit-@lat-Spaces in theousing Comple*.

(o Fo #eep the said ?nit-@lat-Space and party )alls, se)ers, drains pipes, cables, )ires,entrance and main entrance serving any other ?nit-@lat-Space in the building in goodand substantial repair and condition so as to support shelter and protect and #eephabitable the other ?nit-@lat-Spaces-parts of the ousing Comple* and not to do orcause to be done anything in or around the said ?nit-@lat-Space )hich may cause ortend to cause or tantamount to cause or affect any damage to any flooring or ceilingof any other portion over belo) or ad+acent to the said ?nit-@lat-Space. Bn particularand )ithout pre+udice to the generality to the foregoing, the !urchaser-s doth herebycovenant that the !urchaser-s shall not ma#e any form of alteration in the beams and

columns passing through the said ?nit-@lat-Space or the common areas for thepurpose of ma#ing changing or repairing the concealed )iring and piping orother)ise.

(p ot to let out transfer or part )ith the possession of the par#ing space, if the right ofpar#ing is granted hereunder, independent of the said ?nit-@lat-Space nor vice versa,)ith the only e*ception being that the !urchaser-s shall be entitled to let out transferor part )ith possession of the par#ing space independent of the said ?nit-@lat-Spaceto any other ?nit-@lat-Spaceholder in the said uilding and none else and under nocircumstances to any outsider.

( ot to carry on or cause to be carried on any obno*ious in+urious noisy dangerousha=ardous illegal or immoral deed or activity in or through the said ?nit-@lat-Space.

(r Fo abide by and observe and perform all the relevant la)s, norms, terms, conditions,rules and regulations )ith regard to user and operation of )ater, electricity, drainage,se)erage, lifts, tube)ell generator and other installations and amenities at the saidpremises including those under the la)s related to @ire and @ire Services and rulesmade there under and shall indemnify and #eep the


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ans)erable and responsible for deviation or violation of any of their conditions orrules or byela)s and shall indemnify and #eep the


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e*penses )ere so incurred by the


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o)n e*isting sources and the !urchaser-s shall pay electricity charges to the/aintenance Bncharge based on the reading sho)n in the submeter provided for thesaid ?nit-@lat-Space at the rate at )hich the /aintenance Bncharge shall be liable topay the same to the authority-supplier but after adding thereto 10M (ten percent ofthe amount-uantum thereof on account of loss of electricity due to amorti=ation,transmission etc. and other reasons - heads.

iv Charges for en+oying and-or availing po)er in e*cess of that as may be agreedbet)een the !urchaser-s and the


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all liabilities due to nonfulfillments of their respective obligations contained herein by the!urchaser-s and-or the /aintenance Company-Association.

9.: Fhe notice contemplated under clause 9.; hereinabove may be given by the


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/aintenance Company-Association or the Coo)ners as the case may be )ith continuity ofservice )ith effect from such date.

9.6 Fhe rules and regulations and-or byela)s-memorandum of the said /aintenanceCompany-Association shall not be inconsistent here)ith.

9.$ Bn the event of the !urchaser-s failing and-or neglecting or refusing to ma#e payment ordeposits of the maintenance charges, municipal rates and ta*es, Common 2*penses or anyother amount payable by the !urchaser-s under these presents and-or in observing andperforming the covenants terms and conditions of the !urchaser-s hereunder, then )ithoutpre+udice to the other remedies available against the !urchaser-s hereunder, the !urchaser-sshall be liable to pay to the /aintenance Bncharge interest at the rate of 1.5M per mensemon all the amounts in arrears and )ithout pre+udice to the aforesaid, the /aintenance Bncharge shall be entitled toG

(i


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11. DEFAULTSG Fhe !urchaser-s shall pay interest J1M (eighteen percent per annum on allsums becoming due herein and )hich the !urchaser-s fails to pay to the


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(a ot)ithstanding anything else)here to the contrary herein contained, it is e*presslyagreed understood and clarified that the )ners shall be entitled toadditional constructions as may be sanctioned - sanctionable by the concernedauthorities )hich the )ners (as per arrangement bet)een themshall be entitled to construct and deal )ith as they may in their absolute discretion

deem fit and proper, to )hich the !urchaser-s hereby consents and shall not raiseany ob+ection )ith regard thereto, including )ith regard to the fact that o)ing toconstruction of such additional floors-construction, the proportionate undivided shareof the !urchaser-s in the land comprised in the said !remises and also in theCommon Areas and Bnstallations shall be and-or is li#ely to stand reduced.

(b Fhe )ners shall have the right to grant to any person thee*clusive right to par# motor cars, t)o )heelers and other vehicles in or at thepar#ing spaces or other)ise use and en+oy for any other purposes, the side, front andbac# open spaces surrounding the uilding-s at the said !remises and also thecovered spaces in the ground floor of the ousing Comple* (including par#ing spacesbut not the one e*pressly provided for to the !urchaser-s under this Agreement insuch manner as the )ners shall in their absolute discretion

thin# fit and proper.

(c Fhe proportionate share of the !urchaser-s in various matters referred herein shall besuch as be determined by the


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1:.: Fhese presents contains the entire agreement of the parties and no oral representation orstatement shall be considered valid or binding upon either of the parties nor shall anyprovision of these presents be terminated or )aived e*cept by )ritten consent by bothparties. Fhe !urchaser-s ac#no)ledges upon signing of these presents that no agreements,conditions, stipulations, representations, guarantees or )arranties have been made by the


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by registered post )ith ac#no)ledgment due at the address of the other party mentionedhereinabove or hereafter notified in )riting and irrespective of any change of address orreturn of the cover sent by registered post )ithout the same being served. one of the partiesshall raise any ob+ection as to the service of the notice deemed to have been served asaforesaid.

THE FIRST SCHEDULE ABOVE REFERRED TO:6S"$ P*+'%87

ALL THAT the piece or parcel of land, containing an area of $ ighas $ Cottahs 15 Chittac#s and 15s. ft.more or less situate lying and comprised in 7. 8. o. 1:% and 1:;, I

6COMMON AREAS AND INSTALLATIONS7

2ntrance lobby in the ground floor of each bloc#.

Community all.

8andscape garden-Childrens !ar#.

Bndoor Hames oom.

Eater Freatment !lant.

Bntercom.

%: hrs security.

Access to the top roof of the building in common )ith the o)ners of other ?nit-@lat-Spaces ofthe building.

20


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Henerator bac# up for common services and generator bac#up for each ?nit-@lat-Space(1000 )atts.

2ntrance and e*it gates of the Comple*.

!aths passages and drive)ays in the premises other than those reserved by the


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Antis#id ceramic tiles on floor. Ceramic tiles up to door height.

SANITRY WARE:eputed ma#e sanitary fittings. ot and cold )ater provision in all bathrooms.

ELECTRICAL:

Concealed copper )iring of BSB brand, /C and s)itches of reputed brand. A.C. point in masterbedroom. Cable FK Eiring.

PAINTING AND FINISHING:>utside face of e*ternal )alls 3 igh uality Fe*ture !aint.Bnternal face of the )alls 3 Hood uality plaster of paris.Eindo), gates and grills )ill be painted )ith t)o coats of enamel paints over t)o coats of primer.

L9%eputed /a#e 8ift

PART!III6PERIOD OF CONSTRUCTION OF UNIT/FLAT/SPACE7

Fhe ?nit-@lat-Space described in the SECOND SCHEDULE hereinabove )ritten shall be constructedand completed )ithin sub+ect to @orce /a+eure.

THE FOURTH SCHEDULE ABOVE REFERRED TO:6COMMON EPENSES7

1. MAINTENANCE: All costs and e*penses of maintaining repairing redecorating and rene)ingetc., of the main structure and in particular the roof (only to the e*tent of lea#age anddrainage to the upper floors, gutters and )ater pipes for all purposes, drains and electriccables and )ires in under or upon the building and en+oyed or used by the !urchaser-s incommon )ith other occupiers or serving more than one ?nit-@lat-Space and other saleablespaces at the said premises, main entrance and e*it gates, landings and staircases of the

said building and en+oyed by the !urchaser-s or used by him in common as aforesaid and theboundary )alls of the premises, compounds etc. Fhe costs of cleaning and lighting the mainentrance and e*it gates, passage, drive)ay, landings, staircases and other parts of the saidpremises so en+oyed or used by the !urchaser-s in common as aforesaid and #eeping thead+oining side spaces in good and repaired conditions.

%. OPERATIONAL: All e*penses for running and operating all machines euipments andinstallations comprised in the Common Areas and Bnstallations (including, 8ifts, Eater !ump)ith /otor, Henerator,


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6. COMMON UTILITIES:2*penses for serving - supply of common facilities and utilities and allcharges incidental thereto.

$. RESERVES: Creation of funds for replacement, renovation and-or other periodic e*penses.

. REPAIRS RENOVATION AND REFURBISHMENTG All e*penses and costs and charges for

regular repairs renovations and refurbishment from time to time of various installations andalso the uilding, including e*penditure of capital nature.

9. OTHERS: All other e*penses and-or outgoings including litigation e*penses as are incurredby the SB

Fotal s.

(upees G 444444444444444 only

PART II

PAYMENT SCHEDULE

Fhe Agreed Consideration mentioned in PART Iabove is to be paid to the )ner became absolutely sei=ed and possessed ofand-or other)ise )ell and sufficiently entitled to in fee simple in possession of All Fhose

pieces and parcels of land containing by admeasurement an area of $ ighas $ Cottahs 15Chittac#s and 15 s. ft.more or less situate lying and comprised in 7. 8. o. 1:% and 1:;,


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WITNESSES:1.

%.

SIGNED AND DELIVEREDby the DEVELOPERat "ol#atain the presence ofGWITNESSES:1.

%.

SIGNED AND DELIVEREDby the PURCHASER/Sat "ol#atain the presence ofGWITNESSES:

1.

%.

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agreement for sale_draft(aster group)

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