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THIS AGREEMENT FOR SALE made at Mumbai this _____ day

of _______________ in the Christian Year Two Thousand Fifteen

BETWEEN SPENTA ENCLAVE PRIVATE LIMITED, a

Company incorporated under the provisions of the Companies Act,

1956 and having its registered office at 3 A/B, Raja Bahadur

Mansion, 20, Ambalal Doshi Marg, Mumbai- 400 023, hereinafter

referred to as “the Promoter” (which expression shall unless it be

repugnant to the context or meaning thereof deem to mean and

include its successors and

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assigns) of the ONE PART AND MR./MRS./M/S.

__________________________, having address at

_____________________________________________________,

hereinafter referred to as “the Purchaser/s” (which expression shall

unless it be repugnant to the context or meaning thereof be deemed

to mean and include incase of individuals his/her heirs, executors

administrators permitted assigns incase of Company its successors

and permitted assigns and in case of the firm, such firm, its partner/s

or survivor/s and heir executors, administrators and permitted

assigns of last such survivor) of the OTHER PART.

WHEREAS:

(a) The Government of Maharashtra is the owner of all that piece

and parcel of land situated, lying and being at Lal Dongar Village,

Taluka-Kurla, Sion-Trombay Road, Chembur, Mumbai – 400 071

and assessed by Municipal M/W Ward, bearing C.T.S. No.343

admeasuring 72829.4 sq meters and more particularly described in

the First Schedule hereunder written (hereinafter referred to as “the

said larger property”);

(b) A portion of the said larger property admeasuring about

30,856.50 sq. metres is government land and occupied by census

slums of the year 1976. A plan of the said portion of the larger

property is annexed hereto marked as Annexure „1‟ (hereinafter for

the sake of brevity referred to as the said property) and is more

particularly described in the Second Schedule hereunder written. The

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Collector, Mumbai Suburban District, Mumbai has issued the

Annexure II in respect of the said property on 25/06/2007.

(c) The numerous slum dwellers/occupants/hutment holders on

the said property have formed themselves into several societies

known as (i) Bhimai Ambedkar Co-operative Housing Society

(Proposed) (hereinafter referred to as the said Society No.1); (ii)

Panchasheel Nagar Co-operative Housing Society (Proposed)

(hereinafter referred to as the said Society No.2) (iii) Red Hill Co-

operative Housing Society (Proposed) (hereinafter referred to as the

said Society No.3) (iv) Milan Nagar Co-operative Housing Society

(Proposed) (hereinafter referred to as the said Society No.4) (v)

Indraprastha Co-operative Housing Society (Proposed) (hereinafter

referred to as the said Society No.5) (vi) Vayusun Agari Seva Sangh

Co-operative Housing Society (Proposed) (herein referred to as the

said Society No.6) (vii) Navchaitnya Co-operative Housing Society

(Proposed) (hereinafter referred to as the said Society No.7), (viii)

Mahatma Jyotiba Phule Nagar Co-operative Housing Society

(Proposed) (hereinafter referred to as the said Society No.8), (ix)

Dattakrupa Co-operative Housing Society (Proposed) (hereinafter

referred to as the said Society No.9) and (x) Shivprerna Co-operative

Housing Society (Proposed) (hereinafter referred to as the said

Society No.10) (hereinafter for the sake of brevity the said Society

Nos.1 to 10 are collectively referred to as “the Societies”), with a

view to develop the said property under the provisions of the Slum

Act and Regulation 33(10) read with Appendix IV of the

Development Control Regulations for Greater Bombay, 1991;

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(d) The Society No.1, Society No.2, Society No.3, Society No.4,

Society No.5, Society No.6, Society No.7, Society No.8, Society

No.9 and Society No.10 through their respective Managing

Committee, have entered into separate Development Agreements

dated 20/12/2005, 06/12/2005, 05/01/2006, 01/12/2005, 21/12/2005,

17/11/2005, 07/12/2005, 23/01/2006, 20/10/2005 and 29/12/2005

with one M/s. Spenta Housing Corporation, a partnership firm duly

registered under the provisions of the Indian Partnership Act, 1932,

interalia granting, confirming, empowering and entrusting the

development rights in respect of the said property unto and in their

favour, with the absolute right to utilize the available F.S.I. of the

said property in terms of the SRA Scheme and upon the terms and

conditions therein contained;

(e) The Society No.1, Society No.2, Society No.3, Society No.4,

Society No.5, Society No.6, Society No.7, Society No.8, Society

No.9 and Society No.10 through its Managing Committee, have

further granted separate Irrevocable Power of Attorneys dated

20/12/2005, 06/12/2005, 05/01/2006, 01/12/2005, 21/12/2005,

17/11/2005, 07/12/2005, 23/01/2005, 20/10/2005 and 29/12/2005

respectively, unto and in favour of the Partners of the aforesaid M/s.

Spenta Housing Corporation, in order to enable them to do all acts,

deeds and matters relating to the development of the said property

under the SRA Scheme;

(f) The slum dwellers on the said property, being the members of

the Society No.1, Society No.2, Society No.3, Society No.4, Society

No.5, Society No. 6, Society No.7, Society No.8, Society No.9 and

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Society No.10, have also executed Irrevocable Consent cum

Declarations unto and in favour of the said M/s. Spenta Housing

Corporation, interalia appointing and confirming them as the

Developer to carry out the slum scheme on the said property;

(g) In pursuance thereof, the aforesaid M/s. Spenta Housing

Corporation submitted a proposal for development of the said

property, to the Slum Rehabilitation Authority vide its Application

dated 06.02.2006;

(h) Thereafter, the Collector, Mumbai Suburban, after due

verification in that regard has issued the Annexure II interalia

declaring the number of eligible slum dwellers on the said property,

vide its letter dated 25.06.2007.

(i) Thereafter, the Government of Maharashtra through the

Collector, Mumbai Suburban, has vide its letter dated 10/02/2009,

accorded its No Objection Certificate for the implementation of the

slum scheme on the said property.

(j) The Slum Rehabilitation Authority (SRA) has thereafter

issued a Letter of Intent (L.O.I.) dated 26th

December, 2008 bearing

ref. No.SRA/ENG/1306/M-W/STGL/LOI and further Revised Letter

of Intent (L.O.I.) dated 22nd

September, 2011, bearing ref.

No.SRA/ENG/1306/M-W/STGL/LOI, unto and in favour of the said

M/s. Spenta Housing Corporation. The copy of the latest Revised

Letter of Intent (L.O.I.) dated 22nd

September, 2011 is hereto

annexed and marked Annexure “2”;

(k) Thereafter, the said M/s. Spenta Housing Corporation have

also got the plans for the new buildings to be constructed on the said

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property approved from the SRA and have obtained the IOD for the

construction of the new buildings on the said property on

13/08/2014. The copy of the I.O.D. dated 13/08/2014 is hereto

annexed and marked Annexure “3”;

(l) In terms of the above referred Development Agreements and

the SRA Scheme sanctioned by the SRA, the said M/s. Spenta

Housing Corporation are to construct rehab buildings for

rehabilitating of the slum dwellers occupying the said property and

also to accommodate the requisite number of units to be allotted

towards PAP’s, Balwadis, Religious Structures, Welfare centres,

Society office/s and other amenities and are further entitled to

construct the free sale building towards their sale entitlement as per

the terms stipulated in the aforesaid Revised Letter of Intent dated

22nd

September,2011.

(m) The SRA has further granted the Commencement Certificate

for the construction of the Sale Building on 17/01/2015 unto and in

favour of the said M/s. Spenta Housing Corporation. A copy of the

Commencement Certificate dated 17/01/2015 is hereto annexed and

marked as Annexure “4”.

(n) Pursuant to a Business Takeover Agreement dated

09/11/2013, made between all the partners of the aforesaid M/s.

Spenta Housing Corporation, all the parties thereto, have

unanimously agreed to convert the said partnership firm into a

private limited company by conversion of the same as per the

provisions contained in Part IX of the Companies Act, 1956, to

continue the business of the aforesaid partnership firm. As such,

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pursuant to compliance of the requisite formalities in that regard, the

said M/s. Spenta Housing Corporation (a partnership firm) was duly

converted into a private limited company known as Spenta Enclave

Private Limited i.e. the Promoter herein and necessary intimation to

that effect has also been given to SRA.

(o) In the circumstances herein above, the Promoter is entitled to

develop the said property by constructing thereon the Rehab and

Sale buildings.

(p) The Promoter hereby represents that as per the plans

approved by the competent authorities, the Promoter is constructing

residential/commercial buildings being its free sale building/s, on the

said property by using and consuming the FSI sanctioned in terms of

the revised L.O.I. dated 22nd

September,2011 and also as per the

Letter of Approval granted by the Executive Engineer, SRA vide

letter bearing No. SRA/ENG/3104/MW/STGL/AP dated 13/08/2014

and is further entitled to consume other available FSI including

Fungible FSI etc., as permissible under the amended provisions of

the Development Control Regulations.

(q) The Promoter is further at liberty to get the benefit of

Transfer of Development Rights (TDR) (if any), by merging/

clubbing or amalgamating the SRA Scheme sanctioned in respect of

the said property with any other SRA Scheme and/or by purchasing

the FSI of any other reserved plots/slums and utilize and consume it

in the proposed development as permissible by the SRA, Collector,

MCGM, D.C. Rules and Regulations and other applicable laws from

time to time;

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(r) The Promoter has entered into a prescribed Agreement with

the Architect Mr. Ulhas J. Pagnis, registered with the Council of

Architects and also appointed M/s. Shasme Design and Consultants

as Structural Engineers for preparing structural designs and drawings

and specifications of the said SRA project and the Purchaser/s

accepts the professional supervision of the said Architect and the

said Structural Engineer till the completion of the said SRA project,

unless otherwise changed;

(s) It is intended that in due course, after the development of the

said approved buildings is completed and after receipt of the

Occupation Certificate in respect of the said buildings is obtained

and all the shops, flats and other Units etc., are sold on Ownership

basis or otherwise, the said property would be leased by the

Government of Maharashtra through the Collector of Mumbai, for

an initial period of 30 years and renewable as per the terms and

conditions prescribed by the Government of Maharashtra and the

Promoter would assign and transfer and/or cause to assign or transfer

the said property alongwith the sale buildings in favour of any

Federation of the said Societies or jointly with any Society to be

formed by all the Purchaser/s of the flats/shops in the Sale building/s

to be constructed on the said property and/or otherwise howsoever at

the discretion of the Promoter and as the case may be.

(t) The Promoter has informed the Purchaser/s and the

Purchaser/s is/are aware that the Promoter will develop the said

property by constructing the multistoried building/s and other

structures thereon (as may from time to time permitted to be

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constructed) in a phased manner as per the sanctioned and/or revised

amended plans, with such modifications thereto as the Promoter may

from time to time determine and as may be approved by the

concerned local bodies and authorities and the programs of the said

phased development will be determined by the Promoter at their own

discretion;

(u) While sanctioning the said plans Slum Rehabilitation

Authority and/or government has laid down certain terms,

conditions, stipulations and restrictions which are to be observed and

performed by the Promoter, while developing the said property and

upon due observance and performance of which only, the

Occupation and the Building Completion Certificates in respect of

the sale building/s shall be granted by the Slum Rehabilitation

Authority.

(v) The Purchaser/s demanded from the Promoter and the

Promoter has given inspection to the Purchaser/s of all the

documents of title relating to the said property, the plans, designs

and specifications prepared in respect of the said sale building, the

said Development Agreements, Powers of Attorney, the permissions,

orders and of such other documents as are specified under the

Maharashtra Ownership Flats (Regulation of the Promotion of

Construction, Sale, Management and Transfer) Act, 1963

(hereinafter referred to as “the said Act”) and the Rules made

thereunder;

(w) The Purchaser/s being fully satisfied in respect of the title of

the Promoter to the said property and also to the Promoters’ right,

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title and interest to develop the said property and to sell the premises

forming part of its sale entitlement in the new buildings to be

constructed on the said property, has/have approached the Promoter

and have agreed to purchase a Flat bearing No. ______ in the Wing

____ admeasuring ______ sq. feet carpet area i.e. ______ sq. mtrs.,

on the ______ floor of the new building/s to be known as “Alta

Vista” constructed on the said property (hereinafter to be referred to

as the “said premises”), on the terms and conditions agreed and

appearing hereunder.;

(x) Copies of the following documents are annexed hereto as

Annexure “5” to “8” respectively:-

(i) Extract of the Copies of the Property Register Card of Land

bearing CTS No.343 (Pt) of Village Chembur;

(ii) Title Certificate of Dhiren H. Shah, Advocate & Solicitor

dated 18th

February 2015;

(iii) Floor Plan of the flat/shop agreed to be purchased by the

Purchaser/s and approved by the concerned local authority;

(iv) List of Amenities agreed to be provided by the Promoter in

the said premises agreed to be purchased by the Purchaser/s;

(y) The Purchaser/s hereby expressly confirms that he/she/they/it

have agreed to enter into this Agreement with full knowledge,

implication, effect, etc., of various terms and conditions contained in

the plans, documents, orders, layout scheme/project including the

rights and entitlements available to and reserved by the Promoter as

contained in these presents;

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(z) Under Section 4 of the MOFA, the Promoters are required to

execute a written Agreement for the sale of the aforesaid premises to

the Purchaser/s, being infact these presents and also to register this

Agreement under the provisions of the Registration Act, 1908;

NOW THIS AGREEMENT WITNESSETH AND IT IS

AGREED BY AND BETWEEN THE PARTIES HERETO AS

FOLLOWS:

1. The recitals contained above form an integral and operative

part of this agreement as if the same were set out and incorporated

herein verbatim.

2. The Promoter is constructing new building/s consisting of 9

wings comprising of Stilt plus 23 upper floors (hereinafter referred

to as "the said new building") to be known as “Alta Vista” on all

that piece or parcel of land or ground situated lying and being at Lal

Dongar Village, Taluka-Kurla, Sion-Trombay Road, Chembur,

Mumbai – 400 071 and assessed by Municipal M/W Ward, bearing

C.T.S. No.343(pt) and admeasuring 30,856.50 sq meters and more

particularly described in the Second Schedule hereunder written

(hereinafter referred to as “the said property”), in accordance with

the plans, designs and specifications approved by Slum

Rehabilitation Authority (SRA) and other local authorities and

which have been seen and approved by the Purchaser/s, with such

variations and modifications as the Promoter may consider necessary

or as may be required by the SRA and/or other concerned authorities

or Government to be made in them. As part of such variation

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amendment or alteration in the layout and/or in building plans the

Promoter may change location of the said new building/s or any one

or more of them and the Promoter may also construct additional

areas by constructing additional wings and/or additional floors to

one or more of the said buildings and may also construct further

buildings on the said property as may be approved by the concerned

authorities. It is hereby agreed by and between the parties hereto that

the Promoter shall be entitled to make all variations or modifications

in the said plans as it may deem fit provided that the area of the said

premises agreed to be purchased by the Purchaser/s shall remain

unchanged. The Purchaser/s hereby expressly consent/s to the

Promoter making variations and/or modifications in the said plans as

they may deem fit so long as the area of the said premises agreed to

be purchased by the Purchaser/s remains unchanged. The Promoter

shall not be required to take any further permission of the

Purchaser/s for the same. The consent herein shall be considered as

the Purchaser/s’ consent contemplated by Section 7(1) (ii) of the

Act.

3. The Purchaser/s hereby agree/s to purchase from the

Promoter and the Promoter hereby agrees to sell to the Purchaser/s, a

Flat/Shop bearing no.______ in the _____ Wing and admeasuring

____ sq. feet carpet area i.e. ____ sq. mtrs., on the ___ floor of the

new building known as “Alta Vista” as shown on the typical floor

plan thereof hereto annexed and marked as Annexure “7”

(hereinafter referred to as "the said premises”) at and for the

lumpsum price of Rs.________________/- (Rupees

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____________________Only), which is inclusive of the

proportionate price of the common areas and facilities appurtenant to

the premises. The percentage of the undivided interest of the

Purchaser/s in the common areas and facilities limited or otherwise

pertaining to the said premises shall be in proportion of the area of

the premises agreed to be sold hereunder to the total area of the

buildings. The nature, extent and description of the common areas

and facilities as well as the restricted areas are more particularly

described in Third Schedule hereunder written.

4. The Purchaser/s, as incidental to purchase of the said

premises, are allotted and shall be entitled to ____ Nos. of

stack/stilt/open car parking facility in the basement/podium car

parking space in the new buildings known as “Alta Vista”, free of

all costs and charges.

5. The Purchaser/s hereby agree/s to pay to the Promoters the

said purchase price of Rs._____________/- (Rupees

______________________only) in the following manner:

Sr. No Amount (Rs.) Particulars

1. __________

has been paid by the Purchaser/s to the Promoter on or

before execution of these presents as and by way of part

consideration (receipt whereof the Promoter hereby

admits and acknowledges );

2. __________

On or before 30th

day of Booking – Less booking

amount

3. __________ On or before 60th

day from Booking

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4. __________ On commencement of raft slab

5. __________ On commencement of 3rd

basement slab

6. __________ On commencement of 2nd

basement slab

7. __________ On commencement of Plinth slab

8. __________ On commencement of 2nd

slab

9. __________ On commencement of 4th

slab

10. __________ On commencement of 6th

slab

11. __________ On commencement of 8th

slab

12. __________ On commencement of 11th

slab

13. __________ On commencement of 14th

slab

14. __________ On commencement of 17th

slab

15. __________ On commencement of 20th

slab

16. __________ On commencement of 23rd

slab

17.

to be paid on possession of the aforesaid flat being

offered by the Promoter to the Flat Purchaser/s.

The aforesaid price or part thereof may, at the specific instruction of

the Promoter in that regard, have to be paid by the Purchaser/s by

way of pay order / cheque drawn in favour of the Promoter.

Time as to payment shall be of the essence and the Purchaser/s shall

be liable to pay interest @ 18% p.a. on all delayed payments from

the due date till the date of payment thereof. If interest charges as

aforesaid remains unpaid, then all further payments made by the

Purchaser/s will be firstly adjusted towards interest due and

thereafter the balance, if any, will be adjusted towards the principal

and government taxes as applicable.

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6. The Purchaser/s are aware that as per present statute, Service

Tax/VAT/GST or any other taxes are leviable/applicable on the

purchase price payable hereunder and consequently the amount of

each installment payable by the Purchaser/s to the Promoter in

respect of this transaction, shall proportionately increase to the

extent of the liability of such taxes. The Purchaser/s hereby

undertake(s) to pay the amount of the Service Tax/VAT/GST / or

any other taxes along with each installment from the effective date

and further shall not dispute or object to payment of such statutory

dues. The Promoter shall not be bound to accept the payment of any

installment unless the same is paid alongwith the amount of Service

Tax/VAT/GST / or any other taxes applicable thereon and the Flat

Purchaser/s shall be deemed to have committed default in payment

of amount due to the Promoter hereunder if such payment is not

accompanied with the applicable Service Tax/VAT/GST / or any

other taxes. Provided Further that if on account of

change/amendment in the present statute or laws, statutes, rules,

regulations and policies or enactment of new legislation of new laws

by the Central and/or State Government GST or any other taxes

become payable hereafter on the amounts payable by the Purchaser/s

to the Promoter in respect of this transaction and/or aforesaid taxes

levied is increased on account of revision by Authorities, the

Purchaser/s shall be solely and exclusively liable to bear and pay the

same

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7. The Promoters may avail from banks/financial institutions

loan/financial assistance for development of the said property

including construction of the said new building in which the said

premises is situated and as a security for the payment thereof it may

create security in respect of the new building/s to be constructed on

the said property in which the said premises is situated, save and

except the Rehab and PAP flats agreed to be allotted to the slum

dwellers, etc., as per the terms of the hereinabove recited Revised

LOI. The Purchaser/s hereby consent/s to the Promoters availing

such loan and/or financial assistance on such terms and conditions as

the Promoters may deem fit and proper, without however the

Purchaser/s being responsible in any manner for repayment of loan

alongwith interest and/or incurring liability of any manner

whatsoever, finalized or otherwise.

8. The Purchaser/s has/have taken inspection of all relevant

documents and has/have satisfied himself/herself/themselves fully in

respect of the Promoters’ title to the said property, prior to the

execution of this Agreement and doth hereby accept/s the same and

agree/s not to raise any requisition or objection/s relating thereto at

any stage hereafter. The Promoters, however, agree that before

vesting the new Buildings and the said Property in favour of the

Federation of the said Societies or any new proposed Society or

Limited Company of acquirers of premises in the said Building/s as

the case may be, the Promoters shall as far as practicable, ensure that

the said property is free from all encumbrances on execution of such

document vesting the same which could be by way of an Lease Deed

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and/or Assignment or any other document as may be permissible

and/or as the Promoter may decide in its sole and absolute discretion

(hereinafter referred to as the “vesting document”).

9. The Promoter hereby agree to observe, perform and comply

with all the terms, conditions, stipulations and restrictions, if any,

which may have been imposed by the concerned local authority at

the time of sanctioning the said plans or thereafter and shall, before

handing over possession of the said premises to the Purchaser/s,

obtain from the concerned local authority, occupation certificate in

respect of the said premises. Thereafter, the same shall be complied

and performed by the Flat Purchaser/s.

10. The Purchaser/s agree/s to comply with all the terms and

conditions of any order scheme, permission, objections etc., that may

have been granted or sanctioned and/or which may hereafter be

granted or sanctioned or imposed by any authority statutory or

otherwise, including making payment of any charges, bearing

expenses, making deposits, whether refundable or not.

11. (a) The Promoter hereby declares that no part of the FSI

relating to the said property has been utilized by the Promoter

elsewhere for any purpose whatsoever; and

(b) The Promoter further avers that in the event of any further or

additional FSI becoming available in respect of the said property, the

same shall belong to the Promoter alone and the Purchaser/s

expressly consent and agree to the same.

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12. The Purchaser/s hereby grant/s his/her/their irrevocable

power and consent to the Promoter and agree/s:-

a) That till the completion of the project and till the time all the

premises in the new building/s are occupied, the Promoter alone

shall be entitled to all FSI and T.D.R. in respect of the said property

more particularly described in the Second Schedule hereunder

written, whether available at present or in future including the

balance FSI, any additional FSI and/or T.D.R. available under D.C.

Rules from time to time and/or by any special concession,

modification of present Rules and Regulations granting FSI, FSI

available in lieu of the road widening, set back, reservation if any, or

otherwise howsoever;

b) That till the completion of the project and till the time all the

premises in the new building/s are occupied, the Promoter shall be

entitled to all FSI in respect of the said plot of land or shall have

right to consume the same in any manner whatsoever;

c) That the Promoter shall be entitled to develop the said

property of land fully by constructing and/or making additions or

constructing additional floors in the said new building and/or by

constructing additional buildings/floors/structures so as to avail of

the full FSI permissible at present or in future for the said entire

property inclusive for staircase, lift, passage, by way of purchase of

floating FSI, TDR, free FSI which may be available on the said

property or acquired otherwise howsoever and including putting up

any "Additional Construction" as mentioned above and the Promoter

shall also be entitled to sell the same and appropriate to themselves

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the entire sale proceeds thereof without the flat purchaser/s or other

acquirer of premises in the new building and/or the Society of the

purchaser/s of premises having any claim thereto or to any part

thereof. The FSI, T.D.R. of any future and further and/or additional

construction, shall always be the property of the Promoter, who shall

be at liberty to use, deal with, dispose of, sell, and transfer etc., the

same in the manner the Promoter’ choose. The Purchaser/s agree/s

not to raise any objection and/or claim reduction in price and/or

compensation and/or damages including on the ground of

inconvenience and/or nuisance while putting up such additional

construction mentioned above and in this agreement is carried on.

The Promoter shall be entitled to consume such FSI, T.D.R by

raising floor or floors on any structures including the said building

and/or putting additional structures and/or by way of extension of

any structure.

d) The Purchaser/s has/have seen the building plan as also the

particulars of the specification in accordance with which the said

building is to be constructed. The Promoter shall be entitled to make

such changes in the building plan (including change of users of the

area therein) as the Promoter may from time to time determine and

as may be approved by the MCGM and other concerned authorities

and the Flat Purchaser/s hereby agree/s to the same.

e) That the Promoter alone shall be entitled to sell/lease/deal

with any part or portion of the said building including the terraces

attached to the flat/s (if any), dead walls for display of

advertisements, hoarding etc., and also stilt/stack/basement/

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podium/open car parking space, etc., as the Promoter may deem fit

and proper;

f) To admit without any objection the persons who are allotted

premises by the Promoters, as members of the Society/Limited

Company, in the event of any premises including premises of

extended/annexed buildings remaining unsold by the Promoter for

some time and sold at later date;

h) Not to raise any objection or interfere with Promoters’ rights

reserved hereunder;

i) To execute, if any further or other writing documents,

consents, etc., as required by the Promoter for carrying out the terms

hereof and intentions of the parties hereto;

j) To do all other acts, deeds, things and matters and to sign and

execute such papers, deeds, documents, writings, forms,

applications, etc., at the costs and expenses of the Purchaser/s which

the Promoter in their absolute discretion deem fit for putting into

complete effect the provision of this Agreement.

The aforesaid consents, agreements and covenants shall remain

valid, continuous, irrevocable, subsisting and in full force even after

the possession of the said premises is handed over to the Purchaser/s.

13. On the Purchaser/s committing default in payment on the due

dates of any amount due and payable by the Purchaser/s to the

Promoter under this Agreement (including non-payment of Service

tax/ VAT/GST / or any other taxes levied hereafter under the

relevant statutes) and upon Purchaser/s committing breach of any of

the terms and conditions herein contained, the Promoter shall be

21

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 Promoter unless and until the Promoter shall

have given to the Purchaser/s 15 (fifteen) days prior notice in writing

of their intention to terminate this Agreement and of the specific

breach or breaches of terms and conditions in respect of which it has

intended to terminate the Agreement and default shall have been

made by the Purchaser/s in remedying such breach or breaches

within fifteen days after receiving of such notice. Provided further

that upon termination of this Agreement as aforesaid, the Promoter

shall refund to the Purchaser/s the installments of the sale price of

the said premises which may till then have been paid by the

Purchaser/s to the Promoter, after deducting there from all costs,

charges, expenses and taxes incurred by the Company in connection

with this transaction including brokerage charges paid to third

parties, Service Tax, VAT, GST or any other government taxes etc.,

from the sale price of the said premises and which amount shall

stand forfeited by the Promoter and it is further agreed that the

Promoters shall not be liable to pay to the Purchaser/s any interest on

the amount so refunded upon termination of this Agreement. It is

clarified that if the Promoter is able to obtain/receive refund of the

amounts paid by it to the government authorities in respect of this

transaction, then all such amounts after deducting any expenses

incurred in connection with obtaining of such refund, shall be paid

over and/or returned to the Purchaser/s. It is further agreed that upon

such refund, the Promoter shall be at liberty to dispose of and sell

22

the Flat and allot the car parking spaces and such premises to such

persons and at such price as the Promoter may in their sole and

absolute discretion deem fit and proper.

14. The Promoters shall give possession for fit outs of the said

premises to the Flat Purchaser/s on or before _____________. If the

Promoters fails or neglects to give possession of the said premises to

the Purchaser/s on the aforesaid date and/or on such date as may be

extended by mutual consent, then the Purchaser/s shall have the

option to terminate this Agreement after giving 30 days notice in

writing, whereupon the Promoters shall be liable on demand to

refund to the Purchaser/s amounts already received by it in respect of

the said premises alongwith simple interest @ 9% per annum from

the date of the receipt of the respective amounts by the Promoters till

payment. It is agreed that upon the termination of this Agreement by

the Purchaser/s, the claim of the Purchaser/s shall be restricted to

refund of monies paid with simple interest @ 9% p.a. thereon and

that the Purchaser/s shall not be entitled to claim for loss and/or

damage and/or mental trauma or otherwise howsoever. Till the entire

amount alongwith interest thereon is refunded by the Promoter to the

Purchaser/s, the same shall subject to prior encumbrance if any, be a

charge on the said premises but only to the extent of the amount so

due to the Purchaser/s. The amount so refunded shall be in full and

final satisfaction and final settlement of all the claims of the

Purchaser/s under this Agreement. The Purchaser/s agree that receipt

of the said refund vide cheque from the Promoters to the Purchaser/s

by registered post acknowledgement due, at the address given by the

23

Purchaser/s in these presents, whether the Purchaser/s accept/s or

encash/es the cheque or not, will amount to such effectual refund as

contemplated herein. The Promoter shall not incur any liability if it

is unable to deliver possession of the said premises by the aforesaid

date, if the completion of the project is delayed, by reason of non-

availability of steel and/or cement or other building materials or

water supply or electric power or by reason of war, civil commotion

or any act of God or 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 for any other reason beyond

the control of the Promoters or if there is any delay in payment of

the installments and other amounts payable under these presents or

due to delay in grant of any NOC/permission/license/connection for

installation of any service such as lifts, electricity, water connection

and meters to the project/premises or occupation certificate from

appropriate authority and in any of the aforesaid events the time for

delivery of possession of the said premises shall stand extended.

15. The Purchaser/s shall take possession of the said premises

within 15 (fifteen) days of the Promoter giving written notice to the

Purchaser/s, intimating that the said premises are ready for use and

occupation. Provided that if within a period of 1 (one) year from the

date of handing over the said premises to the Purchaser/s, the

Purchaser/s bring/s to the notice of the Promoter any defect in the

said premises or the building in which the said premises is situated

or the material used therein or any unauthorized change in the

construction of the said new building, then, wherever possible such

24

defects or unauthorized changes shall be rectified by the Promoter at

its own cost and in case it is not possible to rectify such defects or

unauthorized changes, then the Purchaser/s shall be entitled to

receive from the Promoter reasonable compensation for such defect

or change. However, if the Purchaser/s carry out any alteration or

addition or change in the said premises and/or the said new building

without obtaining prior written permission of the Promoter and the

concerned authorities wherever required, the liability of the

Promoters shall come to an end and the Purchaser/s alone shall be

responsible to rectify such defect or change at his/her/their own

cost/s.

16. The Purchaser/s shall use the said premises or any part

thereof or permit the same to be used only for the purpose for which

the same has been allotted i.e. residence/business only. The

Purchaser/s shall use the parking space for his/her/their, own light

motor vehicle/s only.

17. Commencing fifteen days after notice in writing is given by

the Promoters to the Purchaser/s that the said premises is ready for

use and occupation, the Purchaser/s shall be liable to bear and pay

the proportionate share (i.e. in proportion to the carpet/built up area

of the said Premises) of outgoings in respect of the said property and

the said new building namely local taxes, betterment charges or such

other levies by the concerned local authority and/or Government,

water charges, insurance, common light, repairs and salaries of

clerks, bill collectors, chowkidars, sweepers and all other expenses

25

necessary and incidental to the management and maintenance of the

said property and the said new building. The Purchaser/s shall pay to

the Promoters such proportionate share of outgoings as may be

determined. At the time of being handed over possession of the said

premises, the Purchaser/s shall pay to the Promoters a sum

equivalent to one year’s outgoings approximately by way of security

deposit for payment of such outgoings. The monthly outgoings

payable in respect of the said premises is presently calculated @

Rs.____/- per sq. ft. carpet area approximately and the same could

increase based on actual computation/calculations at the relevant

time and the Purchaser/s agreed to abide by the decision of the

Promoter/s in that regard and make payment towards such

maintenance charges, without any objection of any nature

whatsoever. The amounts so paid by the Purchaser/s to the Promoter

shall not carry any interest and remain with the Promoter till the

vesting document is executed in favour of the Federation of the said

Societies and/or the new Society or Limited Company of the

purchasers of premises in the new building/s as the case may be, the

aforesaid deposits (less deductions provided for under this

agreement) shall be paid over by the Promoter to the Federation of

the said Societies and/or the new Society or Limited Company of the

purchasers of premises in the new building/s as the case may be, on

the execution of the vesting document. The Purchaser/s undertake/s

to pay such provisional monthly contribution and such proportionate

share of outgoings regularly on the 5th

day of each and every month

26

in advance and shall not withhold the same for any reason

whatsoever.

18. The Purchaser/s hereby agrees that in the event if any amount

by way of development and/or betterment charges, premium or

security deposit as fire cess is paid to the SRA, Collector, MCGM

and/or to the State Government or any other tax or repayment of a

similar nature becoming payable by the Promoter the same shall be

reimbursed by the Purchaser/s to the Promoter in proportion of the

area of the said premises agreed to be acquired by the Purchaser/s

and in determining such amount, the decision of the Promoter shall

be conclusive and binding upon the Purchaser/s.

19. The Purchaser/s shall on or before delivery of possession of

the said premises keep deposited with the Promoter the following

amounts:

(i) Sum of Rs. 25,000/- (Rupees Twenty Five Thousand only)

towards legal charges;

(ii) Sum of Rs. 250/- (Rupees Two Hundred Fifty only) towards

share money and entrance fees of the proposed Society or Limited

Company;

(iii) Sum of Rs. _____/- (Rupees __________________________

only) equivalent to 12 months monthly outgoings calculated @ Rs.

10/- per sq. ft. on carpet area approximately or such other amounts

as may be informed by the promoter/s at the relevant time, towards

the proportionate share of taxes and other outgoings;

27

(iv) Sum of Rs. 25,000/- (Rupees Twenty Five Thousand only)

towards Electric Meter & Installation charges

(v) Sum of Rs. 5,000/- (Rupees Five Thousand only) towards

Piped Gas Connection Charges

(vi) Sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only)

for formation and registration of the Federation of the said Societies

or Society or Limited Company.

(ix) Sum of Rs. _________/- (_________________________ only)

@ the rate of Rs. 165/- per sq. ft. on carpet area for proportionate

share towards society’s sinking fund;

(x) Sum of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand Only)

towards Club House Membership Charges

20. The Promoter shall not be liable to share the maintenance

charges, electricity charges and water charges in respect of the

unsold Flat/Shop stilt/stack/podium/basement car parking/open

parking space/terrace/ hoarding spaces and/or any other premises

etc. The Promoter will bear the municipal assessments if any payable

in respect of the same and nothing else. As and when the Promoter

sells and/or transfers the said unsold premises to any person or

persons, the society if any, shall admit at the request of the Promoter

such person/s as the member/s and issue the share certificate upon

the said person paying membership fee of Rs.100/- and share money

of Rs.250/- and such society or limited company (proposed or

registered) shall not be entitled to demand any transfer fees or

donation or any other amount in any manner whatsoever from the

said person and/or Promoters.

28

21. (a) The Promoter shall without having to render any

account of whatsoever nature to either the Purchaser/s and/or the

proposed society or limited company, utilise the sums as set out in

Clause 19 (i) and to meet all legal costs, charges and expenses

including professional costs of the Attorney-at-law/ Advocates of the

Promoters in connection with all the legal costs for the project and

its title and/or any other document or writing required to be executed

by the Promoter in respect of the said property and/or any part

thereof. The Promoter shall not be liable to contribute anything

towards such expenses and the Purchaser/s and the other prospective

purchasers shall proportionately contribute to the same;

(b) The aforesaid amount set out in Clause 19 (iii), (vi) and (x)

after deducting therefrom all arrears of taxes, maintenance charges

and expenses incurred till then, will be transferred by the Promoter

to the proposed Society or Limited Company as and when formed,

upon completion of the development of the said property and the

Promoter shall not be liable to maintain and/or render individual

accounts to the Purchaser/s and shall give a consolidated account of

all the sums as aforesaid to the proposed Society or the Limited

Company;

(c) The Purchaser/s shall further bear and pay or reimburse to the

Promoter as the case may be, all the statutory taxes, dues, cess,

levies and duty on this transaction or agreement by whatever name

called and/or whatsoever nature including but not limited to Service

tax, VAT, etc., levied/charged by the State and/or Central

29

Government or any other competent authority at any time in respect

of this transaction and/or these present (“Amount of Tax”). The

Amount of Tax shall be payable at the time of paying each

installment of the balance consideration and balance, if any against

the possession of the said premises by the Promoter or within 7 days

of the demand thereof whichever is earlier. The decision of the

Promoter as regards payment or non-payment and/or reasonableness

or otherwise of such statutory levies shall be final and binding upon

the Purchaser/s and the Purchaser/s do and doth hereby agree and

undertake to indemnify and keep indemnified the Promoter, its

successors and assigns, in respect thereof. Time as to payment being

essence of these presents.

22. The Purchaser/s shall pay to the Promoter, the Purchaser’s

share of stamp duty and registration charges payable, if any, by the

proposed Society or Limited Company on the vesting document.

23. The said new building/s shall always be known as “Alta

Vista” and the Purchaser/s shall not be entitled to change and/or

alter the same at any time hereafter.

24. The Purchaser/s for himself/herself/themselves with intention

to bring all persons into whosoever hand the said premises may

come, doth hereby covenants with the Promoter as follows:

(a) To maintain the said premises at the Purchaser/s’ own cost in

good tenantable repair and condition from the date, possession of the

said premises is taken and shall not do or suffer to be done anything

in or to the building in which the said premises is situated or to the

30

staircase or any passages in the building which may be against the

rules, regulations or bye-laws or concerned local or any other

authority or change/alter or make addition in or to the said premises

itself or any part thereof;

(b) Not to store in the said premises any goods which are of

hazardous, combustible or dangerous nature or are so heavy as to

damage the construction or structure of the building in which the

said premises is situated or storing of which goods is objected to by

the concerned local or other authority and shall not carry or cause to

be carried heavy packages to upper floors which may damage or

likely to damage the staircase, common passages or any other

structure of the building in which the said premises is situated,

including entrances of the building in which the said premises is

situated and in case any damage is caused to the building in which

the said premises is situated or the said premises on account of

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 his/her/their own cost all internal repairs to the

said premises and maintain the said premises in the same condition,

state and order in which it was delivered by the Promoter to the

Purchaser/s and shall not do or suffer to be done anything in or to the

said new building in which the said premises is situated or the said

premises which may be against the rules and regulations and bye-

laws of the concerned local authority or other public authority. And

in the event of the Purchaser/s committing any act in contravention

of the above provision, the Purchaser/s shall alone be responsible

31

and liable for the consequence thereof to the concerned local

authority and/or public authority;

(d) Not to demolish or cause to be demolished the said premises

or any part thereof, nor at any time make or cause to be made any

addition or alteration whatsoever in or to the said premises or any

part thereof, nor any alteration in the elevation and outside colour

scheme of the said new building in which the said premises is

situated and shall keep the portion, sewers, drains pipes in the said

premises and appurtenances thereto in good tenantable repair and

condition, and in particular, so as to support shelter and protect the

other parts of the said new building and shall not chisel or in any

other manner damage the columns, beam, walls, slabs or RCC Pardis

or other structural members in the said premises without the prior

written permission of the Promoter and/or the Society/Limited

Company; We will be providing homes with air conditioners. It is

further clarified that the Air Conditioning Units provided in the said

premises and/or the location for installation of Air Conditioners in

the said premises has already been pre-decided and the Purchaser/s

shall not be entitled to change the location for installation of such

Air Conditioner Units as the same shall adversely affect the

aesthetics of and other services provided in, the said new building.

(e) Not to do or permit to be done any act or thing which may

render void or voidable any insurance of the said property and the

said new building in which the said premises is situated or any part

thereof or whereby any increase in premium shall become payable in

respect of the insurance policy;

32

(f) Not to throw dirt, rubbish, rags, garbage or other refuse or

permit the same to be thrown from the said premises in the

compound or any portion of the said property in which the said

premises is situated;

(g) Not to use the area of flower bed for any purpose except for

the purpose of keeping planters/flower bed.

(h) Not to dry clothes in any area visible on outside, and not do

any act that spoils the external elevation of the said new building.

(i) Not to shift windows of the said premises and/or carry out

any changes in the said premises so as to increase the area of the said

premises and/or put any grill which would affect the elevation of the

said new building and/or carryout any unauthorized construction in

the said premises. In the event if any such change is carried out, the

Purchaser/s shall remove the same within 24 hours of notice in that

regard from the Promoter. In the event the Purchaser/s fail/s to

remove the same within the aforesaid period of 24 hours, then the

Promoter shall be entitled to enter upon the said premises and

remove such unauthorized construction and the Purchaser/s hereby

agree/s, undertake/s not to raise any objection for the same and/or

demand any damages for the same from the Promoters.

(j) Not to keep anything in the common passage, staircases,

walls or any other common place of the said new building;

(k) Not to use the said premises as a guest house or for any other

purposes, unless permitted by law;

33

(l) Not to affix any sign boards, neon lights or advertisements on

the exterior of the said new building or on the compound wall or

otherwise in the said property or any part thereof;

(m) Not to claim to partition by metes and bounds the said

property or any part thereof;

(n) Pay to the Promoter within 7 (seven) days of demand by the

Promoter, his/her/their share of security deposit demanded by

concerned local authority or Government or giving water, electricity

or any other service connected to the said new building in which the

said premises is situated;

(o) To bear and pay increase in local taxes, water charges,

insurance and such other levies, if any, which are imposed by the

concerned local authority and/or Government and/or other public

authority, on account of any change of user of the said premises by

the Purchaser/s viz. user for any purposes other than purpose for

which the same is allotted;

(p) The Purchaser/s shall not let, sub-let, let on leave & license,

transfer, assign or part with the Purchaser/s’ interest or benefit factor

of this Agreement or part with the possession of the said premises,

until all the dues payable by the Purchaser/s to the Promoter under

this Agreement are fully paid-up and further only if the Flat

Purchaser/s is/are not guilty of breach of or non-observance of any

of the terms and conditions of this Agreement and until the

Purchaser/s has/have obtained the prior written permission of the

Promoter or the proposed Society or limited Company, as the case

may be;

34

(q) The Purchaser/s shall sign and execute all the writings,

documents, forms and applications as may be necessary and required

by the Promoters;

(r) The Purchaser/s shall observe and perform all the rules and

regulations of the Proposed Society and the additions, alterations or

amendments thereof that may be made from time to time for

protection and maintenance of the said new building and the said

premises 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 the Government and other public

bodies. The Purchaser/s shall also observe and perform all the

stipulations and conditions laid down by the Society or Limited

Company, regarding the occupation and use of the said premises in

the building/s and shall pay and contribute regularly and punctually

towards the taxes, expenses or other out-goings in accordance with

the terms of this Agreement;

(s) Till all the Members and the Purchaser/s of premises in the

said new building take possession of their new flats in the new

building, the Purchaser/s shall permit the Promoters and their

servants and agents, with or without workmen and others, at all

reasonable times, to enter into and upon the said property and the

said new building or any part thereof to view and examine the state

and condition thereof.

(t) It is further agreed that the Promoter/s shall be entitled to

appoint a property management consultant etc., for looking after the

said property and the new building/s to be constructed thereon and

35

any Society and/or limited Company formed by the Promoter/s in

pursuance of these presents, shall be bound and liable to honour and

continue with any contact/s etc., entered into by the Promoter/s with

such property management consultant etc.,

(u) Notwithstanding anything contained herein, if the Purchaser/s

is an NRI, Non-resident emigrant, foreign national or foreign

company, then the Purchaser/s shall be alone responsible for

complying with any necessary compliance/permissions as per the

Foreign Exchange Management Act, Reserve Bank of India Act

and/or any other rule, regulations guidelines etc. in connection with

the present transaction and the promoter/s shall not be liable and/or

responsible for any compliances thereunder.

25. For any amount remaining unpaid by the Purchaser/s under

this Agreement, the Promoters shall have first lien and charge on the

said premises agreed to be allotted to the Purchaser/s in terms of

these presents.

26. If the Purchaser/s commit/s a default and/or delay in the

payment of installments due and payable under this Agreement and

the Promoters exercise their rights to terminate this Agreement, then

in such event the Purchaser/s herein shall be, solely and absolutely,

responsible to repay any housing loan availed by him/her/them from

any bank and/or financial institution as the case may be and shall be

entitled to get the refund of amount paid till then from to the

Promoters, after deducting the amount/s stated in clause 13 herein

above and only upon receipt of no dues certificate from the bank

36

and/or financial institutions. Notwithstanding what is stated

hereinabove, it shall always be obligatory on the part of the

Purchaser/s to pay the installment of the consideration amount as

and when due under the terms of this Agreement and the Purchaser/s

shall promptly and duly pay the balance consideration on its due date

irrespective of the fact that the Purchaser/s has/have applied for the

loan to such financial institution/bank or person and irrespective of

the fact that such loans are being, under process and/or sanction

awaited and/or rejected.

27. Nothing contained in this Agreement is intended to be nor

shall be construed as a grant, demise or assignment in law of the said

premises or any right or interest in the said property on which the

said new building are to be constructed or any part thereof and/or the

said new building in which the said premises is situated or any part

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

respect of the said premises hereby agreed to be sold to

him/her/them and all rights of ownership in all open spaces, parking

spaces, lobbies, lifts, staircases and land etc., will remain and vest

with the Promoter, until the execution of the vesting document in

favour of the Federation of said Societies or the proposed society or

limited company of the purchasers of premises in the new building/s,

as the case may be.

28. Any delay tolerated or indulgence shown by the Promoter in

enforcing the terms of this Agreement or any forbearance or giving

of time to the Purchaser/s by the Promoter shall not be construed as a

37

waiver on the part of the Promoter of any breach of 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 Promoter.

29. The Purchaser/s hereby agree/s, undertake/s and covenant/s

with the Promoter that he/she/they shall not at any time hereafter

limit, curtail, revoke, cancel or terminate any of the powers, rights,

benefits, interests, privileges or authorities reserved by, or granted to

the Promoter under this Agreement or any other deed, document or

writing that may be entered into and executed between the parties

hereto or those of the Promoter as mentioned herein, and the

Purchaser/s shall be bound and liable to render to the Promoter, all

necessary assistance and co-operation as may be required, to enable

them to exercise and avail of the same.

30. Notwithstanding any other provisions of this agreement, the

Promoter shall be entitled to at its sole and absolute discretion;

(a) to have a Society or Limited Company and/or any other body

or bodies of purchasers formed and constituted as contemplated

herein.

(b) to cause to be leased and/or assigned the right in the said

property or such part thereof together with the new building/s

constructed thereon and subject to such terms and conditions as

herein contained, in favour of such Society or Limited Company

and/or other Association/Federation.

38

(c) to decide and determine how and in what manner the

infrastructure including the common utility areas, may be transferred

and/or assigned.

(d) to provide for and incorporate covenants and restriction and

obligations with regard to the provision for maintaining the

infrastructure and common amenities.

(e) to decide from time to time when and what sort of document

of transfer and/or assignment should be executed.

31. The Purchaser/s along with other purchasers of the premises

in the New Building shall, as and when requested by the Promoter,

join in forming and registering the Society or a Limited Company to

be known as Alta Vista Co-operative Housing Society Limited or

such name as the Promoter may decide and the Purchaser/s shall

cooperate with the Promoter to enable the Promoter to register the

organization of the purchasers under Section 10 of the said Act

within the time limit prescribed by Rule 8 of the Maharashtra

Ownership Flats (Regulation of the Promotion of Construction, Sale,

Management and Transfer) Rules, 1964. No objection shall be taken

by the Purchaser/s if any changes or modifications are made in the

draft byelaws or the Memorandum and/or Articles of Association, as

may be required by the Registrar of Co-operative Societies or the

Registrar of Companies as the case may be or any other Competent

Authority.

32. The powers and authority of the proposed society or the

limited company or the Purchaser/s herein and other purchasers,

39

shall be subject to the overall power, control and authority of the

Promoter in any of the matters concerning the building and other

structures on the said property, the construction and completion

thereof and all amenities pertaining to the same and in particular the

Promoter shall have absolute authority and control as regards its

right to complete construction on the said property in such phased

manner as may have been decided by the Promoter/s and also its

rights in all the unsold premises, parking spaces, etc., and the

disposal thereof.

33. The Promoter shall, if necessary, become a member of the

proposed Society or limited Company, in respect of its rights and

benefits conferred herein or otherwise. If the Promoters transfers,

assigns, and disposes off such rights and benefits at any time to

anybody, the assignee/transferee and/or the purchaser thereof shall

become the member of the Society or limited Company, in respect of

the said rights and benefits. The Purchasers herein and the proposed

society or limited company, will not have any objection to admit

such assignee or transferee as the member of the proposed society or

limited company, as herein before provided.

34. Dhiren H. Shah, Advocate & Solicitor of the Promoter shall

alone prepare and/or approve as the case may be, any deeds, and/or

documents to be executed in pursuance of this agreement for

transferring/assignment of the said property, subject to the terms

herein contained, in favour of the Society or Limited Company etc.,

as the case may be.

40

35. The Purchaser/s shall sign all papers and documents and do

all other acts, deeds and things that the Promoter may require

him/her/them to do and execute from time to time for more

effectively enforcing this agreement and/or for safeguarding the

interest of all persons acquiring the remaining premises in the said

building/s being constructed on the said property.

36. This Agreement sets forth the entire Agreement and

understanding between the Promoters and the Purchaser/s and

supersedes, cancels and merges:

(a) All Agreement, negotiations, commitments, writings between

the Purchaser/s and the Promoter prior to the date of execution of

this Agreement;

(b) All the representation, warranties, commitments, etc. made by

the Promoter in any documents, brochures, advertisement, hoarding

etc., and /or through on any other medium.

(c) The Promoter shall not be bound by any such prior

agreement, negotiations, commitments, writings, discussions,

representations, warranties and/or compliance thereof other than

expressly agreed by the Promoter under this Agreement.

37. The Purchaser/s shall present this agreement for registration

within the time prescribed by the Registration Act, 1908 and

intimate to the Promoter the serial number under which the same is

lodged for registration and thereafter the Promoter shall within the

time limit prescribed by the Registration Act, 1908 attend such

office and admit the execution thereof.

41

38. All letters, notices, circulars, receipts issued by the Promoter

as contemplated by and under this Agreement shall be deemed to

have been duly served/delivered to the Purchaser/s and shall

discharge the Promoter completely and effectually of its obligations,

if sent to the Purchaser/s under Certificate of Posting or Registered

Post Acknowledgement Due, at the following address (or at any

other address as may have been subsequently notified by the

Purchaser/s as and by way of change of address and if such change is

confirmed by the Promoter):

____________________

____________________

____________________

____________________.

This Agreement shall be subject to the provisions of the Maharashtra

Ownership Flats (Regulation of the Promotion of Construction, Sale,

Management and Transfer) Act, 1963 and the rules made thereunder.

39. The Stamp Duty and Registration charges payable on this

agreement shall be borne and paid by the Purchaser/s alone.

40. The Courts in Mumbai shall have jurisdiction over the

disputes arising in respect to the terms and conditions of this

agreement.

41. The Permanent Account Numbers of the parties hereto are as

under:

Name Permanent A/c. No.

SPENTA ENCLAVE PRIVATE AATCS7884C

42

LIMITED

MR./MRS./M/S. ___________________ _______________

IN WITNESS WHEREOF the parties hereto have hereunto and on

the duplicate hereof set and subscribed their respective hands the day

and year first hereinabove written.

THE FIRST SCHEDULE ABOVE REFERRED TO

All that piece and parcel of land situated, lying and being at Lal

Dongar Village, Taluka-Kurla, Sion-Trombay Road, Chembur,

Mumbai – 400 071 and assessed by Municipal M/W Ward, bearing

C.T.S. No. 343 and admeasuring 72829.4 sq meters in the

Registration Sub District of Mumbai and District Bombay Suburban

and bounded as follows:

On or towards the East : 18.30 meters D.P. Road

On or towards the West : 36.60 meters D.P. Road

On or towards the South : 36.60 meters D.P. Road

On or towards the North : 13.40 meters D.P. Road

THE SECOND SCHEDULE ABOVE REFERRED TO

All that piece and parcel of land situated, lying and being at Lal

Dongar Village, Taluka-Kurla, Sion-Trombay Road, Chembur,

Mumbai – 400 071 and assessed by Municipal M/W Ward, bearing

C.T.S. No.343(pt) and admeasuring 30,856.50 sq. metres in the

Registration Sub District of Mumbai and District Bombay Suburban

and bounded as follows:

On or towards the East : Hill

43

On or towards the West : 36.60 meters D.P. Road

On or towards the South : 36.60 meters D.P. Road

On or towards the North : SRA Project by Ashapura Developers

THE THIRD SCHEDULE ABOVE REFERRED TO

(Nature, extent and description of common areas and facilities)

1. Staircase.

2. Passage and Midlanding.

3. Corridors.

4. Common electric meter for common lights and services.

5. ____ Nos. of Elevators.

6. Lift Lobby.

7. Fire Fighting Equipment and means to access thereto.

8. Water tank located on ground floor of the building.

9. Drainage, storm water drain, electric sub-station if

constructed, electrical poles, underground water tank.

10. Refuge Area, if any.

11. Open spaces around the said new building.

12. Club House (subject to payment of membership fees) and any

other external common amenities provided by the Promoter/s.

Limited common areas and facilities:

1. Car parking spaces in the new building shall be available to

those Purchaser/s, who are specifically allotted such car

parking spaces by the Promoter to park their light motor

vehicles or Bikes/Motor Cycles.

44

Completely restricted areas

1. Terrace attached to Flats in the New Building.

THE COMMON SEAL of the SPENTA ENCLAVE )

PRIVATE LIMITED )

through the Resolution passed by the Board of )

Directors at its Meeting held on __________ )

hereunto the “PROMOTER” through its )

Director MR. ______________________ )

who has in token thereof subscribed his signature )

hereto in the presence of… .. )

1.

2.

SIGNED AND DELIVERED by the )

withinnamed “Flat Purchaser/s” )

Mr./Mrs./M/s. __________________________ )

______________________________________ )

in the presence of… )

45

R E C E I P T

RECEIVED of and from the withinnamed Flat Purchaser/s a sum of

Rs.________________ /- (Rupees

______________________________________ only) as and by way of

earnest money/part consideration to be by him/her/them paid to us as within

mentioned, the details of which are as under:

CHEQUE

NO. DATE

DRAWN

ON

AMOUNT

(RS.)

___________ ________ _________ __________

___________ ________ _________ __________

___________ ________ _________ __________

TOTAL ___________

WE SAY RECEIVED

For M/s. Spenta Enclave Pvt. Ltd.,

(Authorized Director)

PROMOTER

Witnesses:

1.

2.

46

**************************************

DATED THIS DAY OF 2015

**************************************

SPENTA ENCLAVE PRIVATE LIMITED

… THE PROMOTER

AND

MR./MRS./M/s. _______________________

…THE FLAT PURCHASER/S

AGREEMENT FOR SALE