THIS AGREEMENT made at Bombay this day of January, 2006 between Messrs,……………… development corporation a partnership firm carrying on business at Bombay hereinafter called “the Builders” (Which expression shall unless it be repugnant to the context or meaning thereof be deemed to include partner or partner for the time being constituting the said firm, the survivor or survivors of them and the heirs executors and administrators of such survivors his or her assigns) of the One Part No.Mr./Mrs. Residing at Bombay 400050; hereinafter called “the Purchaser” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his or her heirs, executors, and permitted assigns) of the Other Part:
WHEREAS:
1. Mr.…………………………….. hereinafter called “the Owners” are absolutely seized and possessed of the property situate at Bombay and more particularly described in the First Schedule hereunder written and hereinafter called “the said property”
2. By an Agreement fro sale dated hereinafter called “the Said Agreement”, and duly registered with the Sub-Register of Bombay, the Owners agreed to sell to the Builders and the Builders agreed to purchase from the Owners the said property on the terms and conditions contained therein.
3. The Owners have put the Builders in possession of the said property on or about the day of the pursuance of the said Agreement.
4. The plans have been sanctioned by the Municipal Corporation of Greater Bombay under I.O.D.No. Dated after obtaining the requisite permission from the Competent Authority for redevelopment of the said property for construction of a building on stilts, consisting of 6 floors, hereinafter called “the said building”, after demolishing the existing structure on the property.
5. Commencement Certification No.XB/2039 dated………………………… was granted by the Executive Engineers, Building Proposals (City) for the said proposed building.
6. The builders are constructing the said building on the said property in accordance with the said sanctioned plans and shall sell the same on ownership basis, as they may in their discretion deem fit.
7. The Title of the mode to the said property has been investigated by Mr.Attorney-at-law who has issued his certificate in respect thereof as per copy annexed hereto and marked ‘A’.
8. The purchaser has seen the said property prior to the execution of the Agreement. The purchaser has also taken inspection of the said plans for construction of the said building hereinafter referred to be the sanctioned plans and all the documents referred to in the above recitals.
9. The Builders have supplied to the Purchaser true copies of all such documents as mentioned in Rule A of the Maharashtra Ownership Flats Rules of 1964, hereinafter called “the said Rules”, as desired by the purchaser.
10. The Builders have entered and/or will enter into such Agreements with other persons and/or parties in respect of the sale of other said building.
11. The Purchaser has agreed to purchase flat No.3 and the fifth floor of the said building admeasuring 850 square feet built up area with full notice of the terms and conditions referred in these recitals on the terms and conditions hereinafter appearing:-
NOW THIS AGREEMENT WITHNESSETH AS FOLLOWS:
1. The Purchaser hereby agrees to purchase from the Builders the premises being Flat No.3 on the Fifth floor admeasuring approximately 850 square feet (built up) equivalent to79 sq.mtrs. (build up) and open parking space No. on ground floor hereinafter called “the said premises” in the said building under construction by the Builders as per the plans and specification seen and approved by him/her for Rs………(Rupees…………). The said price is fixed on lump sum basis and has no bearing whatsoever on the actual area of the said premises. The said price shall be paid by the purchaser to the Builders in the manner given below:-
(1) RS…………………………On execution of this Agreement.
(2) Rs…………………………On Plinth.
(3) Rs…………………………on casting 1st Slab.
(4) Rs…………………………on casting 2nd Slab.
(5) Rs…………………………on casting 3rd Slab.
(6) Rs…………………………on casting 4th Slab.
(7) Rs…………………………on casting 5th Slab.
(8) Rs…………………………On possession of the said premises
2. The area of the said premises agreed to be purchased by the Purchaser is on the basis of built up area. The calculation of the built up area includes the full, thickness of internal and external walls, passages, toilets, staircase and any other area used for amenity to the building such as balcony, meter room, etc., proportionately.
3. The time for payment of the installments of the purchase price as provided in clause No.1 above, shall be of the essence of this contract. The certificate of the Architects of the Builders shall be conclusive proof that the plinth or the respective slabs are completed and within seven days from the receipt of a notice from the Builders to the Purchaser, time being of the essence, informing the Purchaser that the Plinth or the respective slabs have been case, the purchaser shall make the payment as herein provided. The Purchaser shall not bin entitled to raise any objections as regards the completion of plinth or the casting of the respective slabs or in regard to the certificate of the Builders’ Architects.
4. The Purchaser has prior to the execution of this Agreement satisfied himself about the title of the Builders to the said property and has accepted the same shall not be entitled to any further investigations relating thereto.
5. The Builders have further informed the Purchaser that they have entered into arrangement with the tenants for providing alternate accommodation to them.
6. All letters, receipts and/or notices to be issued and served upon the Purchaser as contemplated by the Agreement shall be deemed to have been duly issued and served if sent to the Purchaser at the address mentioned herein by prepaid pose or under Certificate of Posting and shall duly and effectually discharge the Builders.
7. In the event of the Builders being entitled to construct and additional structure or structures or the Builders desiring to make alterations or additions in the said property under the building bye-laws, rules and regulations of the Municipal Corporation of Greater Bombay or otherwise or in the event of the Builders becoming entitled to construct any structure or structures or alterations and/or additions in the said property by virtue of any alterations or amendments of the building bye-laws or rules and regulations of the Municipal Corporation of Greater Bombay or otherwise the Builders shall be entitled to carry out construction of such additional structures and/or additions or modifications, alterations or additions in the said building which is proposed to be constructed in the said property. The Purchaser hereby gives his/her irrevocable consent under the provisions of Section 7 of the Maharashtra Ownership Flats Act, 1963 to such additional structure or structures being constructed under such alterations, additions or modifications being carried out by the Builders in the said property.
8. The Purchaser hereby agrees and confirms that inspection has been given by the Builders of the plans and the specifications of the said building which is proposed to be constructed by the Builders in the said property. The Purchaser hereby further agrees and covenant with the Builders to sign and execute all papers and documents in favour of the Builders or otherwise as may be necessary for the purpose of enabling the Builders to construct the said building in accordance with the said plans relating thereto or such other plans with such additions and alterations as the Builders may in their sole discretion deem fit and proper and/or for the purpose of applying for or obtaining the approval or sanction of Bombay Municipal Corporation of Greater Bombay or any other appropriate authorities in that behalf as well as for the construction of such buildings in the said property upon or after the grant of such approval or sanction relating thereto provided the size and location of the premises agreed to be purchased by the Purchaser is not in any manner adversely affected. The Purchaser agrees that the said consent is irrevocable.
9. The Builders agree to hand over possession of the said premises to the Purchaser on or before………………… subject to availability of cement, steel or other building material and water for building construction and subject to any act of God such as earthquake, flood, or any other reason beyond the control of the Builders, failing which the Builders shall refund the same received by them hereunder as provided in Section 8 of the Maharashtra Ownership of Flats Act, 1963. The Purchaser shall not be entitled to any damages whatsoever.
10. Nothing contained in these presents shall be confer upon the Purchaser any right, title or interest of any kind whatsoever into or over the said property or Building or any part thereof. Such conferment shall take place only upon the execution of Conveyance in favour of a Co-operative Society or an Incorporated Body to be formed by the purchasers of different premises in the said building as hereinafter stated.
11. It is agreed that if the floor Space Index is not consumed in full in the construction of the said building and if before the transfer of the property to a Co-operative Society or an Incorporated Body any further construction on the land is allowed in accordance with Rules and regulations of the Municipal Corporation of Greater Bombay, then the Builders would by entitled to put up additional or other constructions without any let or hindrance by the Purchaser and to sell the additional premises thus available on ownership basis and to receive and appropriate the price in respect of thereof. It is however, agreed by the Builders that they will not construct such additional or other structure so as to adversely affect the area or the location of the premises agreed to be sold to the Purchaser. The purchaser hereby gives his irrevocable consent to such construction by the Builders and for that matter to make such alterations or charges in the plans shown to the Purchaser.
12. In the event of any portion of the said property being required by the BEST for putting a electric sub-station the Builders shall be entitled to give such portion to the said BEST or any other body for such purpose on such terms and conditions as the Builders shall think fit.
13. In the event of a portion being notified for set back prior to the transfer of the property to a Co-operative Society or an Incorporated Body, the Builders alone shall be entitled to receive the amount of compensation for such set back land.
14. The purchaser shall have no claim save and except in respect of the premises hereby agreed to be acquired. All open space, lobbies, staircase, etc., will remain the property of the Builders, until the whole property is transferred to proposed Co-operative Society or an Incorporated Body as hereinafter mentioned but subject to the rights of the builders as mentioned herein. It is thereby agreed that the Builders shall be entitled to sell any premises in the said building for the purpose of using the same as restaurant, dispensaries, nursing purposes and the Purchaser shall not object to the user of such premises for the aforesaid purpose by the Purchaser thereof.
15. The Builders shall be entitled to offer possession of the premises upon the Builders obtaining part occupation certificate in respect of the said building and as soon as the buildings in notified by the Builders as ready for occupation, each of the purchaser of the said building (including the Purchaser) shall pay their respective arrears of price payable by them within seven days of such notice served individually or put at some prominent place in the building. If the Purchaser fails to pay the arrears as aforesaid, the Builders will be entitled to forfeit the amounts previously paid by the Purchaser who shall cease to have all right in the premises to be taken by him/her. The Builders shall be entitled to proceed with the construction work of the remaining building.
16. Under no circumstances the Purchaser shall be entitled to the possession of the premises unless and until all payments required to be made under this Agreement by the Purchaser have been made to the Builders and other obligations, terms and conditions agreed by the Purchaser and mentioned in this Agreement are carried out fully by the Purchaser.
17. The Builders shall in respect of any amount payable by the Purchaser under the terms and conditions of this Agreement, have a first lien and charge on the said premises agree to be acquired by the Purchaser.
18. The Purchaser shall on or before the execution of this Agreement pay a sum of rupees to M/s. Solicitors, towards the cost of this Agreement.
19. Commencing a week after notice is given by the Builders to the purchaser that the premises are ready for use and occupation, the Purchaser shall pay on or before the 5th day of every month to the Builders until the said property together with the building to be constructed thereon is transferred to the proposed Organisation as provided herein, a sum at the rate of 50 paise per square foot per month of the built up area of the said premises towards the proportionate share that may be ascertained by the Builders of (a) the insurance premium for insuring the said building against fire, riot and civil commotion etc. (b) the Municipal rates, charges and taxes including collector’s charges and all other outgoings that may from time to time be levied on or incurred in respect of the said property etc. (c) the charges for the maintenance and management of the said building including wages and salaries of watchmen, sweepers, bill collector and accountant (d) electricity charges of common lights, water pumps etc. The said payment shall be on the ad hoc basis and the Purchaser shall be liable to pay actual proportionate taxes and outgoings.
20. Before taking possession of the said premises, the Purchaser shall deposit with M/s.Solicitors the sum of rupees…………………… towards as proportionate costs, payable by the Purchaser in respect of the covenant to be executed by the Owners in favour of the proposed Co-operative Society or on Incorporated Body and formation of such Society. The said amount is and approximate basis and the Purchaser shall pay such additional sum as may become payable. Furthermore, in the event of stamp duty becoming applicable to the premises acquired by the Purchaser, then over and above the aforesaid sum of rupees……………… the Purchaser shall deposit proportionate stamp duty and registration charges with the said Messrs………………………… Solicitors at the time of taking possession.
21. Before taking possession of the said premises, the Purchaser shall deposit with the Builders the following amounts:-
(a) Rupees …………………………… as deposit for payment of expenses;
(b)Rupees 251 as deposit for payment towards share money and entrance fee;
© The amount paid or deposited for payment of expenses will be utilized towards the reimbursement of deposits paid by the Builders to the Municipality, BEST and other authorities, for payment of the expenses paid and outgoings mentioned in the preceding clause:
(d) The amount paid as deposit for payment towards share money will be transferred to the proposed Organisation;
(e) The amount paid as deposit for payment of expense will not entitle the Purchaser to reference to pay the expense as mentioned in the preceding clause and the Purchaser shall be bound to pay the said expenses to the Builders till possession of the said property is handed over to the proposed Organisation by the Builders;
(f) The above deposits shall not carry any interest and will remain with the Builders until the said property with building thereon being transferred to the proposed Organisation. Upon the said property with the buildings thereon being transferred as aforesaid, the balance thereof shall be paid over by the Builders to the proposed Organisation.
22. The Purchaser hereby agrees to contribute and pay his proportionate share towards the costs, expenses and outgoings in respects of matter specified in the Second Schedule hereunder written. The Purchaser shall be responsible for additional taxes that may be levied by the Municipal Corporation of Grater Bombay by breach of any permitted tenancy and licence agreement in respect of the premises allotted to the Purchaser.
23. The Builders shall not be liable for and loss caused by fire, riot, strikes, earthquakes or due to any other cause whatsoever after handing over possession of the premises to the Purchaser.
24. So long as each premises in the said building is not be separately assessed for taxes and water rates by the Municipal Corporation of Greater Bombay, the Purchaser shall pay proportionate share of the water taxes and other taxes assessed on the whole building by the Municipal Corporation of Greater Bombay. Provided, however, that if and special taxes and/or rates are demanded by Municipal Corporation of Greater Bombay or any other authority by reason of any permitted use, the Purchasers alone shall bear and pay such special taxes and rates. As from the date of delivery of possession of the premises, the Purchaser and other purchasers shall observe and perform all the Rules and Regulation of the Municipal Corporation of Greater Bombay and other statutory bodies and shall indemnify and keep indemnified the Builders against any loss or damages.
25. The Purchaser hereby agrees that in the event of any amount by way of premium to the Municipality or to the State Government of betterment charges or development tax or any other tax or payment of similar nature becoming payable by the Builders, the same shall be reimbursed by the Purchaser to the Builders in proportion to the area of the premises agreed to be purchased by the Purchaser and in determining such amount the decision of the Builders shall be conclusive and binding upon the Purchaser.
26. The Purchaser shall maintain at his own costs, the premises agreed to be acquired by him in the same good condition, state and other in which it is delivered to him and shall abide by all Bye-Laws, Rules and Regulations of the Government, Municipal Corporation of Greater Bombay or of any other authorities and all notices for violation of any of the conditions or Rules or Bye-Laws and shall observe and perform all the terms and conditions contained in this Agreement.
27. In case any security deposit is demanded by the Water Department, of the Municipal Corporation of Greater Bombay, before giving water connection to the proposed building and/or by B.E.S.T. for giving electric connection to the proposed building, the Purchaser shall contribute proportionately towards payment of such deposit, in proportion to the area of the premises agreed to be acquired by him.
28. The Purchaser hereby agrees to pay all the amounts payable under the terms of this Agreement as and when they become due and payable, time in this respect being of the essence of the contract. Further the Builders are not bound to give any notice requiring such payment and the failure thereof shall not be a plea, or an excuse for nor-payment of any amount or amounts on their respective due dates.
29. The Purchaser hereby convenants with the Builders to pay amounts liable to be paid by the Purchaser as agreed under this Agreement and to observe and perform the convenants and conditions except so far as the same ought to be observed by the Builders.
30. The Purchaser hereby agrees and undertake to be a member of the Co-operative Society, or an Incorporated body to be formed in the manner hereinafter appearing and also from time to time to sign and execute the application for registration, other papers and documents necessary for the formation and registration of such society or an Incorporated body including bye-Laws of such /society and duly fill-in, sign and return within3 days of the same being forwarded by the Builders to the Purchaser. No objection shall be taken by the Purchaser shall be bound from time to time sign all papers and documents and to do all other things as the Builders may require him to do from time to time for safeguarding the interest of the Builders and of other Purchasers of premises in the said building and in the proposed multi-storyed building. Upon failure to comply with the provisions of this clause this Agreement shall ipso facto come to an end and the deposit and other monies paid by the Purchaser shall stand forfeited by the Builders.
31. The Purchaser shall not let, sell, transfer, convey, mortgages, charge or in any way encumber or deal with or dispose of his premises or assign, under-let, give on leave and licence, part with possession of his interest under or the benefit of this Agreement or any part thereof, till all his dues of whatsoever nature owing to the Builders are fully paid and only if the Purchaser has not been guilty of breach of or non-compliance with any of the terms and conditions of this Agreement and until he obtains previous consent in writing of the Builders.
32. The Purchaser hereby convenants to keep the premises, walls, drains, pipes and appurtenances thereto belonging in good repair condition and in particular so as to support shelter and protect the parts of buildings other than his premises.
33. The Purchaser shall permit the Builders and their surveyors and agents with or without workmen and other at reasonable times to enter into and upon his premises or any part thereof to view and examine the state and condition thereof and the Purchaser agrees to make good within two months all defects, decays and want to repair of which notice in writing shall be given by the Builders to the Purchaser.
34. The Purchaser shall permit the Builders and their surveyors and agents with or without workmen and others at reasonable times to enter into and upon the said premises or any part thereof for the purpose of viewing or repairing any part of the building and for the purpose of making, maintaining, rebuilding, cleaning, lighting and keeping in order and good conditions all services, drains, pipes, cables, water covers, gutters, wires, partition walls, structure or other conveniences belonging to or serving or used for the said building and also for the purpose of laying down, maintaining, repairing and for similar purpose of cutting of the water supply to or any or the premises of the building in respect whereof the Purchaser or occupier prior of such other premises, as the case may be shall have made default in paying his share of the water tax.
35. The Purchaser shall not use the premises or permit the same to be used for any purpose whatsoever other than that permitted under the existing Rules and regulations nor use the same for any purpose which may or is likely to cause nuisance or annoyance to the occupiers of the other flats in the building and the neighboring properties nor for any illegal or immortal purposes. The Purchaser shall not keep or store in the said Flats any goods of hazardous or combustible or obnoxious nature or which are too heavy to effect the construction of the structure of the said building.
36. The Purchaser shall at no time demand partition of his interest in the said plot and buildings, it being hereby agreed and declared by the Purchaser that his interest in the said plot and building is impartibly and it is agreed that the Builders shall not be liable to execute and document in respect of the said premises in favour of the Purchaser.
37. The Purchaser will not at any time of demolish or cause to be demolished the premises or any part thereof. The Purchaser shall not permit the closing of Verandah or lounge or balconies or make any alternations in the elevation and outside colour scheme of the premise to be acquired by him without the prior written consent of the Builders and also after obtaining the permission of the Municipal Corporation of Greater Bombay or any other public body in this behalf.
38. After the possession of the premises is handed over to the Purchaser, if any additions or alterations in or about or relating to the said building are thereafter required to be carried out by the Government, Municipality or any statutory authority, the same shall be carried out by the Purchaser in co-operation with the Purchaser of other premises in the said building at their own costs and Builders shall not be in any manner liable or responsible for the same.
39. The Purchaser shall not do or permit too be done any act or thing which may render void or voidable any insurance or any flat in or any party of the said building or cause any increased premium to be payable in respect thereof.
40. The Purchaser shall not decorate the exterior of his premises otherwise than in the manner agreed to by the Builders or in the manner as near as may be in which the same as previously the said premises or in the said building.
41. The Purchaser shall not throw dirt, rubbish, rags or other refuse or permit the same to be thrown outside their premises. The Purchaser shall not keep any good or belongings outside the said premises or in the said building.
42. After the building is complete and ready and fit for occupation and after the Society or any other incorporated body of the Purchaser of the remises in the said building have been formed and registered and after the Builders have received all dues payable to them on the terms of the Agreement with various Purchasers, the Builders shall arrange for execution of a conveyance in respect of the property in favour of the proposed Society or Incorporated Body within a reasonable period. Such conveyance shall be in such from and contain such terms and conditions as the Builders Solicitor may in their absolute discretion determine.
43. In the event of the society or Incorporated Body being formed and registered before the sale and disposal by the Builders, of all the premises in the said building as aforesaid the power and authority of the Society or Incorporated Body so formed or of the Purchaser and other Purchasers of the premises shall be subject to the overall authority and control of the Builders over all and any of the matters concerning the said building, and in particular the Builders shall have absolute authority and control as regards the unsold premises and the disposal thereof.
44. The name of the building on the sale plot shall always be known and subject to the approval of the Assistant Registrar of Co-operative Societies, Bombay the name of the Co-operative Society to be formed shall bear the said name or shall be preceded by the words or to that effect.
45. The Builders shall always have a right to make additional structures or additions or modifications in the plans as may be permitted by the Municipal and other Competent Authorities. Such additions and additional Storeys will be the sole property of the Builders, who will be entitled to sell the same. The Purchaser hereby gives his irrevocable consent to the Builders for carrying out such additional alterations or modifications as the Builders may deem fit the said sanction of the premises agreed to be sold to the Purchaser is not adversely affected.
46. The terrace of the top of the building including the parapet wall shall always be the property of the Builders and the Agreement with the Purchaser and all the other Purchaser shall be subjected to the said rights of the Builders who shall be entitled to use the parapet wall for any purpose including the display of advertisement and sign boards and the Purchaser shall not be entitled to raise any objection or ask for any abatement in the price of the premises on the ground of inconvenience or ask for any abatement in the price of the premises on the ground of inconvenience or any other ground whatsoever.
47. In the event of the Owners executing a Conveyance in respect of the said property in favour of the Society or Incorporated Body the Builders shall have a right to dispose of the remaining premises in the said building in such manner as they thinks fit and the sale proceeds thereof shall belong absolutely to the Builders and the Purchasers of such remaining premises shall be accepted as members of such Co-operative Society or Incorporated Body. The Builders in that case shall be required to pay any transfer dues to the Society or to the Incorporated Body.
48. Any delay or indulgence by the Builders in enforcing the terms of the Agreement or any forbearance or giving time to the Purchaser shall not be construed as a waiver on the part of the builders not any breach or non-compliance of any of the terms and conditions of this Agreement by the Purchaser nor shall the same in any manner prejudice the rights of the Builders.
49. If the Purchaser neglects, omits, or fails for any reason whatsoever to pay the Builders any of the amounts due and payable by the Purchaser under the terms and conditions of this Agreement (whether beefier or after the delivery or possession) within the time herein specified or if the Purchaser shall in any other way fail to perform or observe any of the covenants and stipulations on his/her/their part herein contained or referred to, then this Agreement shall cease and stand terminated and the earnest and/or deposit money and all other amounts already paid by the purchaser to the Builders shall absolutely stand forfeited. The Purchaser hereby agrees to the forfeiture of all his right, title and interest in the said Flat Purchaser hereby agrees to the forfeiture of all his right, title and interest in the said Flat to the Builders and it shall be without prejudice to any other rights, remedies and claims whatsoever at law or under this Agreement of the Builders against the Purchaser.
50. All costs, charges, and expenses in connection with the formation of the Co-operative Society or Incorporated Body as well as the costs of preparing, engrossing, stamping and registering all the agreements, conveyance or any other documents required to be executed by the Builders and/or the Purchaser as well as the entire professional costs of the Solicitors of the Builders in preparing the approving all such documents shall be borne and paid by the Society or Incorporated Body proportionately by all the holders of the said premises in the said building. The Purchaser alone shall also proportionately pay all stamp, registration and other out-of-pocket expenses. The proportionate share of such costs, charges and expenses payable by the Purchaser shall be paid by him immediately on demand. The Builders shall not contribute anything towards such expenses.
51. The Purchaser shall lodge this Agreement for registration with registering authorities within the time specified under the Indian Registration Act and inform the Builders to admit execution thereof.
THE FIRST SCHEDULE
A piece or parcel of land admeasuring about…………… square yards of land with residential structures thereon, one of the ground floor and one storey known as House, Bearing O.S. No.-and of Malabar and Cumballa Hill Division in the registration sub-District and District of Bombay and Suburban and Malabar Hills.
THE SECOND SCHEDULE ABOVE REFERRED TO
1. The expense of maintaining, repairing, redecorating etc. of the building and in particular the roof, water tanks, gutters and rain water pipes of the building, water pipes and electric wires, in under or upon building and enjoyed or used by the Purchasers in common with the other occupiers of other flats and parking spaces and the main entrance, passages, landings and staircases of the Buildings and the boundary walls of the Building Compounds, terraces etc.
2. The cost of clearing and lighting the passages, landings, staircases, and other parts of the Building so enjoined or used by the Purchaser as aforesaid.
3. The costs of the salaries of clerks, bill collectors, sweepers, watchmen etc.
4. The costs of working and maintenance of lifts, water connections, lights and other services.
5. Municipal and other taxes.
6. Insurance and other charges.
7. Such other expenses as are necessary or incidental for the maintenance and upkeep of the Building.
EXHIBIT “A”
Office Nagindas Attorney-at-law, Bombay Master Road Fort,
Bombay-400 001.
CERTIFICATE OF TITLE
Ref: A piece or parcel of land admeasuring about …………………………square yards of land with residential structures thereon, one of the ground floor, known as…………………… House bearing C.S. Number…………………………… of Malabar and Camballa Hill Division, in the registration sub-District and District of Bombay City and Suburban assessed by the Bombay Municipal Corporation under I.O.D. ward Nos………………… and street Nos ………………… road ……………………… Malabar Hill.
1. Original owners of the Property (Names)
2. Original owners of the Property (Names)
AND
……………………………………………………… Development Corporation (a registered partnership firm)
This is to certify that we have taken the search of the above property for the period between the years 1930 to 1990. We had perused the previous correspondence and earlier agreements. We have also made enquiry from Mr. ………………………… and his two brothers regarding public notice dated………………………… published in ……………………………… and perused all the documents of title. We find that the vendors have clear marketable title in respect of the above property free from any reasonable doubt.
Bombay:
Date: Attorney-at-law,
IN WITNESS WHEREOF THE Builders and the Purchaser have here unto set and subscribed his/her/their hand and seal the day and year first hereinabove written.
SIGNED SEALED AND DELIVERED
By the within named Builders M/s.
DEVELOPMENT CORPORATION Through
Its partner:
Shri:
In the Presence of:
Shri:
SIGNED SEALELD AND DELIVERED
By the within named purchaser/s:
1:
/and
2:
in the presence of:
Received the and year firs:
Therein above written of and from the
Within named purchaser/s the sum of Rupees
………………………… Only being the amount of earnest
money or deposit be paid by them to us by
cash on:
WITNESS: We say Received
For…………… Development Corporation
Sd/
Partner
RECEIVED Two copies of agreement for sale. The original agreement and the triplicate are received by me, original for the purpose of registration with the Sub-Registrar of Assurance at Bombay as required under the Maharashtra Ownership Flats Act. We agree to lodge the said original Agreement for sale with the Sub-Registrar of Assurance at Bombay within three months from the date of this Agreement and we shall be responsible for the same. We shall inform you within three days thereafter about the lodgment of the registration of the Agreement for you to admit the same. The triplicate copy is for our record.
Sd/-
Sd/- Signature (purchaser)
LIST OF AMENITIES
FOUNDATION : shall be taken to
Hard morum and shall
Be of P.C.C.footing.
STRUCTURE : Shall beP.C.C.framed
Structure of R.C.C.
Slab beam and columns.
WALLS : External walls shall
Be 9” thick brick wall 6” thick R.C.C.
Walls finished in cement plaster on both the faces, Internal walls shall be of 41/2 “thick brick Walls 3” thick P.C.C. walls and finished in cement plaster.
FLOURING : Shall be of marble mosaic tiles and in
Toiled block it shall
Glazed tiles.
DADO : Glazed tiles upto 41
-0”high in bathrooms
and 2”-o”high in
W.C.S.
DOORS : shall be of C.C.T.
Frames and ponelied
Or flash type with
Ventilators.
WINDOWS : Shall be of C.C.T.W.
Frames glazed type
with ventilators of
M.S. Glazed type
With ventilators or
Aluminum sliding
Windows as per
Architects design.
STAIRCASE : shall be of R.C.C.
Works.
TERRACE : shall be properly
Sloped and drained
And made water proof
SAINTARY COVENIENCES : Shall have water
Proof floor and
Shall be per B.M.C.
Bye-laws.
DRAINAGE : Shall be as per
B.M.C. Rules and
Bye-laws.
Sunday, January 2, 2011
AREEMENT OF SALE OF FLAT BETWEEN BUILDER AND FLAT PURCHASER
Posted by Advocate
8:10 AM, under AREEMENT | 9 comments
9 comments:
Very useful document and well drafted
Very comprehensive and good.
Very comprehensive and good.
Is this final document?
What after fullfilment of terms conditions in this agreement.
very useful document and well drafted provided to us.
Valuable for information, if there is any other blogs related to this then kindly update us
Advocate for Agreement In Mumbai
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