Professional Documents
Culture Documents
JP Decks
JP Decks
2018) supersedes all other Allotment Letters and AFS uploaded earlier.
ALLOTMENT LETTER
[●], 2018
From :
J. P. Infra (Mumbai) Private Limited (“the Promoter”),
04th Floor, 401-402 Viraj Tower,
Western Express Highway, Near WEH Metro Station,
Andheri East, Mumbai- 400093,
To :
[●] (name) (“the Allottee/s”)
[●] (address)
Re: Premises in the buildings being constructed on land admeasuring 4600 square
meters approximately bearing CTS No. 610A/1/A/1B (part) (earlier forming part of
larger land bearing C.T.S No.610 (part)) of Village Malad (East) situated at General
Arunkumar Vaidya Marg, Malad (East), Mumbai 400 097 in the Registration District
and Sub-District of Mumbai City.
------------------------------------------------------------------------------------------------------------------
(a) Land admeasuring approximately 11,904 square meters bearing CTS No.
610A/1/A/1B (earlier forming part of larger land bearing C.T.S No.610 (part))
lying, being and situate at Malad (East), Mumbai Suburban District at General
Arunkumar Vaidya Marg, Malad (East), Mumbai- 400 097.
(b) Land admeasuring approximately 27,508 square meters bearing CTS No.
610A/1A/1A [earlier forming part of CTS No. 610 (part)] lying, being and situate at
Malad (East), Mumbai Suburban District at General Arunkumar Vaidya Marg,
Malad (East), Mumbai- 400 097.
(c) Land admeasuring approximately 3,800 square meters bearing CTS Nos.
610(part) of Village Malad (East) lying, being and situate at Malad (East), Mumbai
Suburban District at General Arunkumar Vaidya Marg, Malad (East), Mumbai-
400 097.
3. We are entitled to develop a portion of the Larger Land being land admeasuring
approximately 4600 square meters Cadastral Survey No. CTS No. 610A/1/A/1B (part)
(earlier forming part of larger land bearing C.T.S No.610 (part)) of Village Malad (East)
(“the Free Sale Land”) as a free sale component of the Larger Land and are
constructing free sale buildings (“Free Sale Building”) for residential use, known as ‘JP
Decks’, in a phased manner. The Free Sale Building being constructed on the Free Sale
Land shall be a multi-storey residential building having 2 wing/s which shall inter-alia
comprise of one basement, one ground, three podiums, one stilt and 39 upper floors and
one fire check floor on the Free Sale Land.
projects, Registration of real estate agents, rates of interest and disclosures on website)
Rules, 2017 (“RERA Rules”). The Authority has duly issued the Certificate of
Registration No. P51800001488 dated 28th July 2017 for the Project and a copy of the
RERA Certificate is annexed and marked as Annexure “1” hereto.
5. You being desirous of acquiring residential premises in the said Building have
approached and requested us for allotment of the same in your favour. We have
furnished to you all the documents to enable you to undertake the due diligence, you
have undertaken your due diligence and are satisfied with regard to our right /
entitlement to undertake the Whole Project. You have also examined the sanctioned
plans and approvals presently obtained by us with respect to the development of the
Free Sale Land and have satisfied yourself in respect thereof.
6. You have, prior to the date hereof, examined a copy of the RERA Certificate and has
caused the RERA Certificate to be examined in detail by your Advocates and Planning
and Architectural consultants. You have agreed and consented to the development of
the Whole Project. You have also examined all documents and information uploaded by
us on the website of the Authority as required by RERA and the RERA Rules and has
understood the documents and information in all respects.
7. As desired by you, and pursuant to your request, we hereby inform you that we are
agreeable for the allotment to you of the residential premises bearing no. ______ on
____ floor from the ground level (“the said Premises”) for a consideration of Rs. [●]/-
(Rupees [●] only). The area of the said Premises is approximately _______ square
meters equivalent to approximately _____ square feet (as per RERA).
8. We are also agreeable to grant to you the right to park your/ your guests/visitors
vehicle/s in ________ car parking space/s (hereinafter referred to as “the said Car
Parking Space”) within the car parking area of the said Building for a consideration of
Rs.[●]/- (Rupees [●] only) and the same shall be limited common areas and facilities.
9. The carpet area of the said Premises as defined under the provisions of RERA, is
______ square meters.
10. The total aggregate consideration amount for the said Premises including the said Car
Parking Space is Rs. [●]/- (Rupees [●] only) (“the Sale Consideration”). The Allottee/s
agrees and confirms that the Sale Consideration agreed above is after taking into
account all the benefits available and / or derived on account of transition to GST. The
Sale Consideration shall be payable, subject to deductions of Income Tax at source
(TDS) under the applicable law in the following manner:
11. We have informed you and you have agreed and accepted that, we and you shall enter
into and execute the said Agreement in respect of the said Premises under the
provisions of the RERA Act. The composite and complete terms and conditions of the
allotment of the said Premises shall be incorporated in the said Agreement and shall
inter alia include the terms and conditions as are detailed herein. Draft of the said
Agreement is hereto annexed and marked as Annexure “2” hereto.
12. The Sale Consideration excludes taxes (consisting of tax paid or payable by way of
Value Added Tax, Service Tax, GST and all levies, duties and cesses or any other
indirect taxes which may be levied, in connection with the construction of and carrying
out the Real Estate Project and/or with respect to the said Premises and/or this letter of
allotment (“Letter”). It is clarified that all such taxes, levies, duties, cesses (whether
applicable/payable now or which may become applicable/payable in future) including
service tax, VAT, GST and all other indirect and direct taxes, duties and impositions
applicable levied by the Central Government and/or the State Government and/or any
local, public or statutory authorities/bodies on any amount payable under this letter of
allotment and/or on the transaction contemplated herein and/or in relation to the said
Premises, shall be borne and paid by the Allottee/s alone and the Promoter shall not be
liable to bear or pay the same or any part thereof.
13. The Sale Consideration excludes all costs, charges and expenses including but not
limited to stamp duty, registration charges, out-of-pocket expenses and / or incidental
charges in connection with the documents to be executed for the sale of the said
Premises and the said Car Parking Space including on the said Agreement and
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
expenses on all documents for sale and / or transfer of the said Premises and the said
Car Parking Space, including applicable stamp duty and registration charges on the said
Agreement.
14. You agree and acknowledge that we are entitled to adjust/appropriate all payments
made by you under any head(s) of dues against lawful outstanding, if any, in his/her/their
name as we may in our sole discretion deem fit and you undertake not to
object/demand/direct us to adjust your payments in any manner.
15. Time for payment of all the amounts, including but not limited to the aforesaid
installments of Sale Consideration for the Said Premises, Service Tax, VAT, GST, TDS
and all other taxes as may be applicable and / or performance of other obligations by
you, is the essence of the contract.
16. On the payment of the second instalment of the Sale Consideration as detailed in the
Clause 10 above, the Allottee/s and the Promoter shall execute the said Agreement and
shall register the Agreement under the Registration Act, 1908, upon which, this Letter
shall stand superseded by the Agreement.
17. You shall, before delivery of possession of the said Premises, deposit the following with
us:
The amounts as mentioned in this Clause are not refundable and no accounts or
statement will be required to be given by us to you in respect of the above amounts
deposited by you with us.
18. In the event the Allottee/s does/do not make payment of any instalment of the Sale
Consideration (prior to execution and registration of the said Agreement) then and
without prejudice to the rights and remedies available to the Promoter including the
right to charge interest at the prevailing rate of State Bank of India Highest Marginal
Cost of Lending Rate plus 2% thereon for every month of delay in making payment of
the Sale Consideration /parts thereof (“the Interest Rate”), the Promoter shall be
entitled to at his own option and discretion, terminate this Letter, without any reference
or recourse to the Allottee/s. Provided that, the Promoter shall give notice of 15 (fifteen)
days in writing to the Allottee/s (“Default Notice”), by Courier / E-mail / Registered Post
A.D. at the address provided by the Allottee/s, of its intention to terminate this Letter
with detail/s of the specific breach or breaches of terms and conditions in respect of
which it is intended to terminate the Letter. If the Allottee/s fail/s to rectify the breach or
breaches mentioned by the Promoter within the period of the Default Notice, including
making full and final payment of any outstanding dues together with the Interest Rate
thereon, then at the end of the Default Notice, the Promoter shall be entitled to
terminate this Letter by issuance of a written notice to the Allottee/s (“Promoter
Termination Notice”), by Courier / E-mail / Registered Post A.D. at the address
provided by the Allottee/s. On the receipt of the Promoter Termination Notice by the
Allottee/s, this Letter shall stand terminated and cancelled. On the termination and
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
cancellation of this Letter in the manner as stated in this sub-clause, the Promoter shall
be entitled to forfeit the entire Booking Amount as and by way of agreed genuine pre-
estimate of liquidated damages which the parties agree are not in the nature of
penalty. Upon the termination of this Letter, the Allottee/s shall have no claim of any
nature whatsoever on the Promoter and/or the said Premises and the Promoter shall
be entitled to deal with and/or dispose off the said Premises in the manner it deems fit
and proper.
19. This writing is a letter of allotment and does not confer any right or interest upon you in
respect of the said Premises. This Letter is a letter of intent and expresses the Parties
desire to enter into the said Agreement. This letter is also subject to such further terms
and conditions as may be set out in the said Agreement.
Yours Truly,
______________________ ______________________
Authorised Signatory
Encl: As above
THIS AGREEMENT FOR SALE (“this Agreement”) is made at Mumbai this ____ day of
____________, Two Thousand and ___________:
BETWEEN
AND
The Promoter and the Allottee/s are hereinafter collectively referred to as “the Parties”, and
individually as a “Party”.
WHEREAS:
A. The Promoter has acquired rights / is in the process of acquiring rights to undertake
development / re-development of all those pieces and parcels of land bearing CTS Nos.
610A/1/A/1B, 610A/1A/1A, 610 (part) and 611 more particularly described in the Part A
of the First Schedule hereunder written (“Larger Land”) and delineated with black
colour boundary line on the Plan annexed hereto and marked as Annexure “1”
pursuant to the provisions of Regulation 33(10) of the Development Control Regulations
of Greater Mumbai, 1991 (“DCR”) and such other provisions of the DCR as applicable
and/or such other incentive scheme as may be sanctioned under the provisions of the
DCR from time to time.
B. The details of the ownership of all those pieces and parcels of lands forming part of the
Larger Land are as follows:
a. First Land
ii. The First Land was occupied by slum dwellers. The slum dwellers of the
First Land had organized themselves into a proposed co-operative society
namely Sanjay Gandhi Nagar (SRA) Co-operative Housing Society
Limited (“First Land Society”).
b. Second Land
ii. The second land societies are also in use and occupation of the land
bearing CTS No. 611.
v. The slum dwellers of the Second Land have organized themselves into
the Second Land Societies viz.,
vi. By and under inter-alia various agreement / deeds / letters etc., executed
by and / or between the respective Second Land Societies and the
Promoter, the respective Second Land Societies have granted / are in the
process of granting development rights with respect to the Second Land
to the Promoter.
c. Third Land
d. Fourth Land
iii. The slum dwellers and occupants on a portion of the Fourth Land have
formed Meera Nagar Co-operative Housing Society (Proposed).
iv. The occupants on a portion of the Fourth Land have formed Shoppers’
Spot Premises Co-operative Society Limited.
C. Slum Rehabilitation Authority (“SRA”) has vide a Revised Letter of Intent dated 3rd
December, 2016 (“the said LOI”) issued by it, presently accorded rights unto the
Promoter for the development of the First Land and the Third Land (“the said Land”),
pursuant to the provisions of Regulation 33 (10) of the Development Control Regulations
of Greater Mumbai, 1991 (“DCR”) and such other provisions of the DCR as applicable
and/or such other incentive scheme as may be sanctioned under the provisions of the
DCR from time to time. The said Land is more particularly described in the Second
Schedule hereunder written and delineated with black colour boundary line on the Plan
annexed and marked as Annexure “2” hereto.
D. Under the said LOI, the Promoter has inter-alia (i) the right and obligation to develop and
construct 289 rehab tenements to rehabilitate slum dwellers and 298 PAP tenements
(“Rehab Component”) on portions of the said Land (“Rehab Land”) and (ii) the right to
develop and construct a free sale component (“Free Sale Component”) on land
admeasuring approximately 4,600 square meters (“Free Sale Land”), in the manner and
on the terms and conditions as set out therein. The Free Sale Land and the Rehab Land
are more particularly shown in hatched with red colour and blue colour respectively on
the Plan annexed and marked as Annexure “2” hereto.
E. The Promoter is in the process of negotiating, finalizing necessary deeds and documents
with the owners/occupants of the larger land for acquisition/purchase of rights (including
the development rights) with respect to the balance portion of the larger land.
F. The details of the mortgage of the First Land and the Third Land are as follows: Prior
to execution hereof, the Promoter has obtain No-objection from the lenders for the sale
of the said premises to the Allottees.
G. The Promoter is vested with the rights to develop the Free Sale Land in the manner
stated hereinabove. The Promoter is entitled to sell the premises in the free sale building
(to be constructed on the Free Sale Land by utilization of the Free Sale Component)
(“Free Sale Building”), in accordance with the terms and conditions of sanctions and
approvals obtained / being obtained in relation to the same.
building/s (“Additional Free Sale Building/s”) on the balance portion(s) of the Larger
Land (other than the said Land) (hereinafter collectively referred to “Additional Free
Sale Land”) by utilization of the additional free sale component (over and above the
present Free Sale Component) (“Additional Free Sale Component”) to be generated in
relation to the development / re-development of the Larger Land.
I. The Free Sale Land and the Additional Free Sale Land are hereinafter collectively
referred to as “the Entire Free Sale Land”. The Free Sale Building and the Additional
Free Sale Building/s are hereinafter collectively referred to as “the Entire Free Sale
Building/s”. The Free Sale Component and the Additional Free Sale Component are
hereinafter collectively referred to as “the Entire Free Sale Component”.
J. The Promoters proposes to construct buildings on the Larger Land in accordance with
the Recitals hereinabove.
L. The Promoter is entitled to develop the Free Sale Land and is constructing a residential
project thereon in a phased manner viz., the Free Sale Building being multi-storey
residential building having 2 (two) wing/s which shall inter-alia comprise of one
basement, one ground, three podiums, one stilt and 39 upper floors and one fire check
floor.
N. The Allottee/s is/are desirous of purchasing a residential premises / flat bearing No.
_______ on the ______ floor of ______ Wing of the Real Estate Project (hereinafter
referred to as the "said Premises”) has / have approached the Promoter and requested
to allot to him/her/them the said Premises in the Free Sale Building more particularly
described in the Third Schedule hereunder written.
O. The Allottee/s has, prior to the date hereof, examined a copy of the RERA Certificate
and has caused the RERA Certificate to be examined in detail by his/her/its Advocates
and Planning and Architectural consultants. The Allottee/s has agreed and consented to
the development of the Whole Project (as defined hereinbelow). The Allottee/s has also
examined all documents and information uploaded by the Promoter on the website of the
Authority as required by RERA and the RERA Rules and has understood the documents
and information in all respects.
P. The Allottee/s has agreed and consented to the development of the Whole Project. The
Allottee/s shall examine all documents and information uploaded by the Promoter on the
website of the Authority as required by RERA and the RERA Rules and to understand
the documents and information in all respects.
Q. The principal and material aspects of the development of the Real Estate Project as
proposed to be sanctioned under the RERA Certificate, are briefly stated below-
b. The Free Sale Building as per sanctioned plans by SRA comprises of one
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
basement, one ground, three podiums, one stilt and 39 upper floors and one fire
check floor, on the Free Sale Land.
c. Total FSI of approximately 23,936.27 square meters has been sanctioned for
consumption in-situ in the construction and development of the Real Estate
Project.
d. The common areas and facilities in the Real Estate Project that may be usable by
the Allottee/s are listed in the Fourth Schedule hereunder written. The list of
specifications and amenities are listed in the Fifth Schedule hereunder written.
(“Real Estate Project Amenities”).
f. The details of formation of the Society, and, conferment of title upon the Society
with respect to the Real Estate Project, are more particularly specified in Clauses
11 to 14 below.
g. SRA has issued latest Intimation of Approval dated 16th February 2018 with
respect to the development of the Free Sale Building on the Free Sale Land. SRA
has issued Commencement Certificate dated 18th August, 2011 to commence the
development of the Free Sale Building on the Free Sale Land and the same is
revalidated and re-endorsed and the same shall be further revalidated and re-
endorsed from time to time. Copies of the Intimation of Approval and the
Commencement Certificate are hereto annexed and marked as Annexure “4”
and Annexure “5” respectively.
R. The principal and material aspects of the development of the Entire Free Sale Land
(“Whole Project”) as disclosed by the Promoter are briefly stated below-
a. The area of the Free Sale Land is approximately 4,602 square meters which is to
be developed in a phase-wise manner.
b. The area of the Larger Land is approximately 43,212 square meters which is to be
developed in a phase-wise manner.
c. The maximum proposed potential total FSI to be utilized on the Larger Land
would be approximately 1,73,000 square meters plus fungible and other
incentives as may be approved.
d. The Allottee/s has / have perused a copy of the proposed layout (“Disclosed
Layout”) and which is annexed to this Agreement as Annexure “6”, which
specifies the tentative location of the new/future/further buildings/towers/wings to
be built on the Larger Land, subject to approval by SRA/Competent Authority.
g. The details of formation of the Apex Body, and, conferment of title upon the Apex
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
Body with respect to the Entire Free Sale Land and all common areas, facilities
and amenities and other common spaces and areas on the Entire Free Sale Land
are setout in the Clauses 11 to 14 below.
h. The statutory approvals mandatorily require the Promoter to hand over certain
stipulated percentage of the Larger Land to the concerned authorities or develop
the same as public amenity. Similarly, the Entire Rehab Land will have to
transferred to the respective rehab societies and / or the apex bodies thereof, as
the case may. The Promoter shall determine and identify the portion and location
of the Larger Land to be handed over for complying with the terms and conditions
of statutory approvals.
i. The nature of development of the Larger Land will be phase wise and would
constitute a mixture of users as may be permissible under applicable law from
time to time.
j. The Promoter would be entitled to aggregate any contiguous land parcel with the
development of the Larger Land, as provided under the Proviso to Rule 4(4) of
the RERA Rules.
k. The Promoter is entitled to amend, modify and/or substitute the proposed future
and further Development of the Larger Land (defined below), in full or in part, as
may be required by the applicable law or planning constraints from time to time.
The above details and further aspects of the proposed future and further development of
the said Land, will be available for inspection on the website of the Authority at
https://maharera.mahaonline.gov.in (“Proposed Future and Further Development of
the said Land”).
S. The Promoter has entered into standard Agreement/s with an Architect registered with
the Council of Architects and such Agreement is as per the Agreement prescribed by the
Council of Architects.
T. The Promoter has appointed a structural Engineer for the preparation of the structural
design and drawings of the buildings and the Real Estate Project shall be under the
professional supervision of the Architect and the structural Engineer (or any suitable
replacements / substitutes thereof) till the completion of the Real Estate Project.
U. The Promoter has the right to sell the said Premises in the Real Estate Project to be
constructed by the Promoter, and, to enter into this Agreement with the Allottee/s of the
Premises and to receive the sale consideration in respect thereof.
V. On demand from the Allottee/s; the Promoter has given inspection to the Allottee/s of all
the documents of title relating to the said Land, and the plans, designs and specifications
prepared by the Promoter's Architects, and of such other documents as are specified
under the RERA and the Rules and Regulations made thereunder, including inter-alia
the following:
a. Letters of Intent dated 15th October, 2010, 30th July, 2011, 4th February, 2014 and
3rd December, 2016 issued by the SRA;
b. Letter dated 29th August, 2011 issued by SRA, whereby SRA has sanctioned
layout plan of inter-alia the Free Sale Land and amended on 21st July, 2017.
c. Letter dated 21st July, 2017 issued by SRA, whereby SRA has sanctioned the
amended building plans of the free sale buildings to be constructed on the Free
Sale Land.
d. Letter dated 16th February 2018 issued by SRA, whereby SRA has sanctioned
the amended building plans of the free sale buildings to be constructed on the
Free Sale Land.
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
e. Letter dated 13th May, 2016 issued by Mumbai Fire Brigade, MCGM, whereby
Mumbai Fire Brigade, MCGM has accorded its NOC for the free sale buildings, in
the manner and on the terms and conditions as setout therein.
f. Letter dated 6th February 2018 issued by Mumbai Fire Brigade, MCGM, whereby
Mumbai Fire Brigade, MCGM has accorded its NOC for the free sale buildings, in
the manner and on the terms and conditions as setout therein.
g. Letter dated 27th September, 2016 issued by MCGM, whereby MCGM has
accorded the approval for high-rise building having two wings, in the manner as
stated therein.
i. All the title deeds and documents in relation to the Larger Land.
j. All the approvals and sanctions of all the relevant authorities issued till date for
the development of the said Land including the layout plan, building plan, floor
plan and the commencement certificate; and
k. Copy of the Title certificate dated 24th July 2017 issued by M/s Mukesh Jain &
Associates, Advocates certifying the right/entitlement of the Promoter is annexed
and marked as Annexure “7” hereto.
l. Copies of all deeds and documents as referred to in the said Title Certificate.
m. The Property Register Cards of the Larger Land is annexed hereto and marked
Annexure “8” hereto.
n. The authenticated copy of the present sanctioned floor plan with respect to the
said Premises, a copy whereof is hereto annexed and marked as Annexure “9”
hereto.
W. While sanctioning the plans, approvals and permissions as referred hereinabove, the
competent authorities have laid down certain terms, conditions, stipulations and
restrictions which are to be observed and performed by the Promoter while developing
the Real Estate Project and upon due observance and performance of which only, the
Occupation Certificate in respect of the Real Estate Project shall be granted by the
competent authority.
X. Further, the requisite approvals and sanctions, for the development of the Real Estate
Project from the competent authorities are obtained / being obtained and approvals and
sanctions from other relevant statutory authorities, as will be required for the
development of the Larger Land applied for and/or will be applied for and obtained by the
Promoter.
Y. The Promoter has accordingly commenced construction of the Real Estate Project in
accordance with the sanctioned plans, proposed plans and approvals and permissions,
as referred hereinabove.
Z. Prior to execution of this Agreement, the Allottee/s has/have obtained independent legal
advice with respect to this Agreement and the transaction contemplated herein with
respect to the said Premises, made enquiries thereon and is/are satisfied with respect to,
(i) the title of the Developer to develop the Real Estate Project, and such title being clear
and marketable; (ii) the approvals and permissions (including Intimation of Approval and
Commencement Certificate) obtained till date and (iii) the Promoter’s entitlement to
develop the Real Estate Project and the Whole Project and to construct the Real Estate
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
Project thereon as mentioned in this Agreement and applicable law and sell the
premises therein. The Allottee/s undertake(s) that he/she/it/they has/have verified with
his/her/its/their financial advisor and confirm that the Allottee has/have the financial
capability to consummate the transaction.
AA. The carpet area of the said Premises is ________ square meters as defined under the
provisions of RERA and as calculated as per Circular No. 4 of 2017 bearing Ref. No.
MahaRera/Secy/File No. 27/84/2017 dated 4th June, 2017 issued by the Authority.
BB. The Parties relying on the confirmations, representations and assurances of each other
to faithfully abide by all the terms, conditions and stipulations contained in this
Agreement and all applicable laws, are now willing to enter into this Agreement on the
terms and conditions appearing hereinafter.
CC. The Promoter has agreed to sell to the Allottee/s and the Allottee/s has agreed to
purchase and acquire from the Promoter, the said Premises and the said Car Parking
Space (as defined below) for an aggregate price of Rs. _____________/- (Rupees
_____________________________ only) and upon the terms and conditions mentioned
in this Agreement. (“Sale Consideration”). The Allottee/s agrees and confirms that the
Sale Consideration agreed above is after taking into account all the benefits available
and / or derived on account of transition to GST. Prior to the execution of these presents,
the Allottee/s has paid to the Promoter a sum of Rs. ___________/- (Rupees
___________________________only), being part payment of the Sale Consideration of
the Premises agreed to be sold by the Promoter to the Allottee/s as part-consideration
(the payment and receipt whereof the Promoter doth hereby admit and acknowledge).
DD. Under Section 13 of the RERA, the Promoter is required to execute a written agreement
for sale of the said Premises with the Allottee/s i.e. this Agreement, and is also required
to register this Agreement under the provisions of the Registration Act, 1908.
1. The above Recitals shall form an integral part of the operative portion of this
Agreement, as if the same are set out herein verbatim. The headings given in the
operative section of this Agreement are only for convenience, and are not intended in
derogation of RERA.
2. The Promoter shall construct the Real Estate Project being the Free Sale Building
known as ‘JP Decks’, consisting of one basement, one ground, three podiums, one stilt,
39 upper floors and one fire check floor in accordance with the plans, designs and
specifications as referred hereinabove, and as approved by the SRA and / or other
competent authorities from time to time. The Real Estate Project shall have the common
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
areas, facilities that may be usable by the Allottee/s and are listed in the Fourth
Schedule hereunder written.
PROVIDED THAT the Promoter shall have to obtain prior consent in writing of the
Allottee/s in respect of any variations or modifications which may adversely affect the
Premises of the Allottee/s; except, any alteration or addition required by any
Government authorities, or, due to change in law, or, any change as contemplated by
any of the disclosures already made to the Allottee/s; Adverse effect for the purposes of
this Clause shall mean a change in the location of the said Premises within the Real
Estate Project.
a. The Allottee/s hereby agrees to purchase and acquire from the Promoter, and
the Promoter hereby agrees to sell to the Allottee/s; the Premises No. ______ of
the ______ type admeasuring _______ square meters equivalent to _____
square feet carpet area (as defined under the provisions of RERA and as
calculated as per Circular No. 4 of 2017 bearing Ref. No. MahaRera/Secy/File
No. 27/84/2017 dated 4th June, 2017 issued by the Authority) on the ______
floor of “_____ Wing in the Free Sale Building i.e. the said Premises, as more
particularly described in the Third Schedule and as shown in the floor plan
annexed and marked Annexure “9” hereto, at and for the consideration of Rs.
_________/- (Rupees _______________________________ only).
b. The Allottee/s hereby agrees to purchase from the Promoter, and the Promoter
hereby agrees to sell to the Allottee/s; _____ covered parking spaces for the
consideration of Rs. _________/- (Rupees _____________________only) (“the
said Car Parking Space”).
c. The total aggregate consideration amount for the said Premises including the
said Car Parking Space is thus Rs. _________/- (Rupees
_______________________________ only) i.e. the Sale Consideration.
The Allottee/s agrees and confirms that the Sale Consideration agreed above is
after taking into account all the benefits available and / or derived on account of
transition to GST.
d. The Allottee/s has paid before execution of this Agreement, a sum of Rs.
__________/- (Rupees ________ only) (which does not exceed 10% of the Sale
Consideration) as advance payment and hereby agrees to pay to that Promoter
the balance amount of Sale Consideration of Rs. __________/- (Rupees
________ only) in the following manner:
e. The Promoter shall issue notice to the Allottee/s intimating the Allottee/s about
the stage-wise completion of the Free Sale Building as detailed in the Clause 3.d
above (the payment at each stage is individually referred to as “the Instalment”
and collectively referred to as “the Instalments”). The payment shall be made
by the Allottee/s within 7 (seven) days of the Promoter making a demand for the
payment of the Instalment, time being the essence of the contract.
f. The payment by the Allottee/s in accordance with Clause 3.d is the basis of the
Sale Consideration and is one of the principal, material and fundamental terms
of this Agreement (time being the essence of the contract). The Promoter has
agreed to allot and sell the said Premises to the Allottee/s at the Sale
Consideration inter-alia because of the Allottee/s having agreed to pay the Sale
Consideration in the manner more particularly detailed in the Clause 3(iv)
hereunder written. All the Instalments payable in accordance with this
Agreement with respect to the completion of the stage of construction on the
date of signing of this Agreement shall be paid by the Allottee/s simultaneously
on the execution of this Agreement.
g. The Sale Consideration excludes taxes (consisting of tax paid or payable by way
of Value Added Tax, Service Tax, GST and all levies, duties and cesses or any
other indirect taxes which may be levied, in connection with the construction of
and carrying out the Project and/or with respect to the said Premises and / or
with respect to the said Car Parking Space and/or this Agreement). It is clarified
that all such taxes, levies, duties, cesses (whether applicable/payable now or
which may become applicable/payable in future) including service tax, VAT, GST
and all other indirect and direct taxes, duties and impositions applicable levied
by the Central Government and/or the State Government and/or any local, public
or statutory authorities/bodies on any amount payable under this Agreement
and/or on the transaction contemplated herein and/or in relation to the said
Premises and / or the said Car Parking Space, shall be borne and paid by the
Allottee/s alone and the Promoter shall not be liable to bear or pay the same or
any part thereof.
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
h. The Sale Consideration excludes all costs, charges and expenses including but
not limited to stamp duty, registration charges, out-of-pocket expenses and / or
incidental charges in connection with the documents to be executed for the sale
of the said Premises and the said Car Parking Space including on this
Agreement and expenses on all documents for sale and / or transfer of the said
Premises and the said Car Parking Space, including applicable stamp duty and
registration charges on this Agreement.
j. The Promoter may allow, in its sole discretion, a rebate for early payments of
equal instalments payable by the Allottee by discounting such early payments @
____ % per annum for the period by which the respective instalment has been
preponed. The provision for allowing rebate and such rate of rebate shall not be
subject to any revision/withdrawal once granted to an Allottee by the Promoter.
k. The Promoter shall confirm the final carpet area that has been allotted to the
Allottee/s after the construction of the Free Sale Building is complete and the
Occupation Certificate is granted by the SRA or other competent authority, by
furnishing details of the changes, if any, in the carpet area, subject to a variation
cap of 3% (three per cent). The total Sale Consideration payable on the basis of
the carpet area of the Premises, shall be recalculated upon confirmation by the
Promoter. If there is any reduction in the carpet area within the defined limit of
3%, then, the Promoter shall refund the excess money paid by Allottee/s within
45 (forty-five) days with annual interest at the rate specified in the Rules, from
the date when such an excess amount was paid by the Allottee/s; If there is any
increase in the carpet area allotted to Allottee/s; the Promoter shall demand
additional amount from the Allottee/s towards Sale Consideration, which shall be
payable by the Allottee/s prior to taking possession of the Premises. It is clarified
that the payments to be made by the Promoter/ Allottee/s; as the case may be,
under this Clause , shall be made at the same rate per square meter as agreed
in clause 3.a above.
m. In addition to the carpet areas of the said Premises, there are certain constructed
areas free of FSI including _______________________ admeasuring
approximately ______ square metres and certain other areas such as niches,
flower-beds, ornamental projections etc., and additional spaces appurtenant to
the said Premises and shown in blue colour hatch lines on the plan annexed
hereto and marked as Annexure “9” (hereinafter referred to as “the Additional
Areas”), of approximately ______ square metres. This total aggregates to
approximately ______ square metres. The Additional Areas shall be exclusive to
the said Premises and shall be limited common areas and facilities. The carpet
area of the said Premises and the Additional Areas are hereinafter collectively
referred to as “the Aggregate Areas”.
n. The common areas, facilities and amenities in the said Project that may be
usable by the Allottee/s and are listed in the Fourth Schedule hereunder written.
The internal fittings, fixtures and amenities in the said Premises that shall be
provided by the Promoter are listed in the Fifth Schedule hereunder written.
o. The Promoter has agreed to sell to the Allottee/s and the Allottee/s has / have
agreed to acquire from the Promoter the said Premises on the basis of the carpet
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
area only and the Sale Consideration agreed to be paid by the Allottee/s to the
Promoter is agreed on the basis of the carpet area of the said Premises and the
said Car Parking Space. The Sale Consideration is only in respect of the said
Premises and the Promoter has neither charged nor recovered from the Allottee/s
any price or consideration for the Additional Areas and the common areas and
that the Additional Areas and the common areas shall be allowed to be used free
of cost, without any price or consideration.
p. The Promoter hereby agrees to observe, perform and comply with all the terms,
conditions, stipulations and restrictions if any, which may have been imposed by
the SRA or other competent authority at the time of sanctioning the said plans or
thereafter and shall, before handing over possession of the Premises to the
Allottee/s; obtain from the SRA or other competent authority, the Occupation
Certificate or Completion Certificate in respect of the said Premises.
q. Time is of the essence for the Promoter as well as the Allottee/s; The Promoter
shall abide by the time schedule for completing the Premises and handing over
the Premises to the Allottee/s after receiving the Occupation Certificate in respect
thereof and the common areas, facilities and amenities in the Real Estate Project
that may be usable by the Allottee/s and are listed in the Fourth Schedule
hereunder written.
Similarly, the Allottee/s shall make timely payments of all Instalments of the Sale
Consideration and other dues payable by him/her/it and meeting, complying with
and fulfilling all its other obligations under this Agreement.
r. All payments shall be made by way of demand drafts/ pay orders/ account payee
cheques/ RTGS/ ECS/ NEFT or any other instrument drawn in favour of / to the
account of the Promoter set out in the Third Schedule hereunder written. In case
of any financing arrangement entered by the Allottee/s with any financial
institution with respect to the purchase of the said Premises and the said Car
Parking Space, the Allottee/s undertakes to direct such financial institution to, and
shall ensure that such financial institution does disburse / pay all such amounts
due and payable to the Promoter through an account payee cheque / demand
draft / pay order / wire transfer drawn in favour of /to the account of the Promoter
more particularly mentioned in the Third Schedule hereunder written. Any
payments made in favour of / to any other account other than as mentioned in the
Third Schedule shall not be treated as payment towards the said Premises and
/or the said Car Parking Space. The Allottee/s shall satisfy the Promoter either
through its banker’s commitment or in such other manner as shall be determined
by the Promoter with regard to the security for the payment of each instalment of
the Sale Consideration. The Promoter shall be entitled to change the account (as
set out in the Third Schedule) by giving a written notice to the Allottee/s to this
effect in which case the payments of the amounts under this Agreement shall be
made by the Allottee/s and / or the aforesaid financial institution in such new
account.
s. The Allottee/s is / are aware that the Allottee/s is / are required to deduct tax at
source in accordance with the applicable rates as per the Income Tax Act, 1961
and the Allottee/s shall comply with the same.
t. The Allottee/s agrees and confirms that in the event of delay / default in making
payment of the service tax, VAT, GST, TDS or any such taxes or amounts under
this Agreement as called upon by the Promoter, then without prejudice to any
other rights or remedies available with the Promoter under this Agreement, the
Promoter shall be entitled to adjust the said unpaid tax amount (along with
interest payable thereon from the due date till the date of adjustment) against any
subsequent amounts received from the Allottee/s and the Allottee/s shall forthwith
pay the balance amount due and payable by the Allottee/s to the Promoter.
4. FSI, TDR and development potentiality with respect to the Free Sale Building on
Free Sale Land:
a. The Allottee/s hereby agrees, accepts and confirms that the Promoter
proposes to develop the Real Estate Project (including by utilization of the full
development potential) in the manner more particularly detailed in the Recitals
hereinabove and as depicted in the approved layout plans, proformas and
specifications and Allottee has agreed to purchase the said Premises based
on the unfettered and vested rights of the Promoter in this regard.
5. FSI, TDR and development potentiality with respect to the Proposed Future and
Further Development of the Larger Land/ Whole Project:
a. The Allottee/s hereby agrees, accepts and confirms that the Promoter proposes
to develop the Whole Project of the Larger Land (by utilization of the full
development potential) and develop the same in phase-wise matter and
undertake multiple real estate projects therein in the manner more particularly
detailed in the Recitals above constituting the Disclosed Layout and Allottee/s
has agreed to purchase the said Premises based on the unfettered and vested
rights of the Promoter in this regard.
a. The Promoter shall endeavour to complete the construction of the said Premises
and obtain the Occupation Certificate from the SRA for the said Premises by the
date as more particularly mentioned in the Third Schedule hereunder written
(“Completion Date”). Provided however, that the Promoter shall be entitled to
extension of time for giving delivery of the Premises on the Completion Date, if
the completion of the Real Estate Project is delayed on account of any or all of
the following factors:
ii. Any notice, order, rule, notification of the Government and/or other public
or competent authority/court;
iii. Any stay order / injunction order issued by any Court of Law, competent
authority, MCGM, SRA or other statutory authority;
b. If the Promoter fails to abide by the time schedule for completing the Real Estate
Project and for handing over the said Premises to the Allottee/s on the
Completion Date (save and except for the reasons as stated in Clause 6.a), then
the Allottee/s shall be entitled to either of the following:
c. In case if the Allottee/s elects his remedy under Clause 6.b.i above then in such a
case the Allottee/s shall not subsequently be entitled to the remedy under Clause
6.b.ii above.
d. If the Allottee/s fails to make any payments on the stipulated date/s and time/s as
required under this Agreement, then, the Allottee/s shall pay to the Promoter
interest at the Interest Rate, on all and any such delayed payments computed
from the date such amounts are due and payable till the date such amounts are
fully and finally paid together with the interest thereon at the Interest Rate.
e. Without prejudice to the right of the Promoter to charge interest at the Interest
Rate mentioned at Clause 6.d above, and any other rights and remedies
available to the Promoter, the Allottee/s committing three defaults in payment on
due date of any amount due and payable by the Allottee/s to the Promoter under
this Agreement (including but not limited to his/her/its proportionate share of
taxes levied by concerned local authority and other outgoings), shall constitute an
event of default of the Allottee/s (“Event of Default”).
g. If the Allottee/s fails to rectify the breach or breaches mentioned by the Promoter
within the period of the Default Notice, including making full and final payment of
any outstanding dues together with the Interest Rate thereon, then at the end of
the Default Notice, the Promoter shall be entitled to terminate this Agreement by
issuance of a written notice to the Allottee/s (“Promoter Termination Notice”),
by Courier / E-mail / Registered Post A.D. at the address provided by the
Allottee/s; On the receipt of the Promoter Termination Notice by the Allottee/s;
this Agreement shall stand terminated and cancelled.
or
ii. The Promoter will refund the balance, if any, without interest only after
deducting and / or adjusting from the balance amounts, Service Tax, VAT
and / or any other amount due and payable by the Allottee/s and / or paid
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
iii. In case if the Promoter receive a credit/refund of the service tax amount
paid on this transaction from the statutory authorities, then in such a case
the same shall be refunded by the Promoter to the Allottee/s without any
interest thereon.
iv. The Allottee/s shall have no right, title, interest, claim, lien or demand or
dispute of any nature whatsoever either against the Promoter or in respect
of the said Premises or the Aggregate Areas or any part thereof or the
common areas and facilities and limited common areas and every part
thereof and the Promoter shall be entitled to deal with and dispose of
same to any other person/s as the Promoter deems fit in its sole and
absolute discretion without any further act or consent from the Allottee/s
and/or any notice or reference to the Allottee/s.
a. Upon obtainment of the Occupancy Certificate from the SRA or other competent
authority and upon payment by the Allottee/s of the requisite Instalments of the
Sale Consideration and all other amounts due and payable in terms of this
Agreement, the Promoter shall offer possession of the said Premises to the
Allottee/s in writing (“Possession Notice”). The Allottee/s agrees to pay the
maintenance charges as determined by the Promoter or the Society, as the case
may be. The Promoter on its behalf shall offer the possession to the Allottee/s in
writing within 7 days of receiving the Occupancy Certificate of the Real Estate
Project.
b. The Allottee/s shall take possession of the said Premises within 15 days from
the date mentioned in the Possession Notice.
c. Post receipt of the Possession Notice, the Allottee/s may undertake any fit out
activities in the said Premises at his/her/its/their sole cost, expense and risk,
after obtaining all the requisite approvals and permissions from the competent
authorities and in accordance with the Fit-Out Guidelines (which shall be
prepared by the Promoter which will be provided to the Allottee/s at the time of
handing over possession of the said Premises) and after depositing such
amount as may be specified by the Promoter as an interest-free deposit to
secure compliance with the Fit Out Guidelines and, which will be refunded
without interest upon completion of the fit outs in accordance with the Fit-Out
Guidelines. The Allottee/s is/are aware that the said refund shall be subject to
deduction of amounts towards damages, if any, to the Real Estate Project and
its common areas etc., and/or any neighbouring flats/premises in the Real Estate
Project and/or the equipment’s installed therein and subject to the debris being
completely removed from the Real Estate Project and / or the Whole Project.
d. Upon receiving the Possession Notice from the Promoter as per Clause 7(i)
above, the Allottee/s shall take possession of the said Premises from the
Promoter by executing necessary indemnities, undertakings and such other
documentation as may be prescribed by the Promoter, and the Promoter shall
give possession of the said Premises to the Allottee/s. Irrespective of whether
the Allottee/s takes or fails to take possession of the Premises within the time
provided in Clause 7(ii) above, such Allottee/s shall continue to be liable to pay
maintenance charges and all other charges with respect to the Premises, as
applicable and as shall be decided by the Promoter.
e. Within 15 (fifteen) days of the date mentioned in the Possession Notice, the
Allottee/s shall be liable to bear and pay his/her/its proportionate share i.e. in
proportion to the carpet area of the said Premises, of outgoings in respect of the
Real Estate Project including inter-alia, local taxes, betterment charges, other
indirect taxes of every nature, or such other levies by the SRA or other
competent authority or other concerned local authority and/or Government water
charges, insurance, common lights, repairs and salaries of clerks, bill collectors,
chowkidars, sweepers and all other expenses necessary and incidental to the
management and maintenance of the Real Estate Project and/or the Larger
Land. Until the Society is formed and the Society Conveyance is duly executed
and registered, the Allottee/s shall pay to the Promoter such proportionate share
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
8. If within a period of 5 (five) years from the possession date mentioned in the Possession
Notice, the Allottee/s brings to the notice of the Promoter any structural defect in the said
Premises or the Real Estate Project or any defects on account of workmanship, quality
or provision of service, then, wherever possible such defects shall be rectified by the
Promoter at its own cost and in case it is not possible to rectify such defects, then the
Allottee/s shall be entitled to receive from the Promoter, compensation for such defect
(at actuals) in the manner as provided under the RERA. It is clarified that the Promoter
shall not be liable for any such defects if the same have been caused by reason of the
default and/or negligence of the Allottee/s and/or any other allottees in the Real Estate
Project or acts of third party(ies) or on account of any force majeure events including on
account of any repairs / redecoration / any other work undertaken by the Allottee/s
and/or any other allottee/person in the Real Estate Project and/or the Whole Project
and/or the Larger Land.
9. The Allottee/s shall use the said Premises or any part thereof or permit the same to be
used only for purpose of residential use. The Allottee/s shall use the Car Parking Space
only for purpose of parking vehicle.
a. The Promoter has the right to enter into contract with any third party / agency for
the purpose of maintenance and upkeep of the Free Sale Land and / or the Free
Sale Building and / or the Entire Free Sale Land and / or the Entire Free Sale
Building/s, such decision shall be final and binding until the Transfer Document
deed in respect of the Entire Free Sale Land is executed in favour of the Society
or Apex Body as the case may be. Thereafter, subject to the provisions of the
Clause below, the Society and / or the Apex Body, as the case may be, shall be
entitled to undertake the maintenance of the Free Sale Land / the Free Sale
Building or any part thereof in the manner it was handed over save and except
normal wear and tear thereof. The Society and / or the Apex Body, as the case
may be, shall create and maintain a Sinking Fund for the purpose of maintenance
and if the Society and / or the Apex Body, as the case may be, commits default,
the Promoter shall have a right to rectify the default and recover the expenses
from the Society and / or the Apex Body, as the case may be. The Promoter may
also formulate the rules, regulations and bye-laws for the maintenance and
upkeep of the Free Sale Building and /or the Free Sale Land and the Allottee/s
hereby agree and undertake to abide and follow and not to deviate from any of
the provisions of such rules, regulations and bye-laws.
b. The Promoter shall have the right to designate any space on the Free Sale Land
and/or the Free Sale Building and / or the Entire Free Sale Land and/or the Entire
Free Sale Building/s or any part thereof to third party service providers for the
purpose of facilitating the provision and proper maintenance of utility services to
be availed by the occupants of the Free Sale Building and / or the Entire Free
Sale Building/s. The Promoter shall also be entitled to designate any space on
the Entire Free Sale Land or the Larger Land and/or in the terrace of the Free
Sale Building and / or the Entire Free Sale Building/s to such utility provider either
on leave and licence or leasehold basis for the purpose of installing power sub-
stations with a view to service the electricity requirement in the Free Sale Building
and / or the Entire Free Sale Building and / or in any other buildings.
c. Notwithstanding any other provision of this Agreement, the Promoter has right to
and shall be entitled to nominate any person (“Facility Manager”) to manage the
operation and maintenance of the Free Sale Building and / or the Entire Free
Sale Building, common amenities and facilities on the Free Sale Land and / or the
Entire Free Sale Land during the development of the Entire Free Sale Land. The
Promoter has the authority and discretion to negotiate with such Facility Manager
and to enter into and execute formal agreement/s for maintenance and
management of infrastructure with it/them. The cost incurred in appointing and
operating the Facility Manager shall be borne and paid by the residents/
Allottee/s / occupiers of the premises in the manner as may be determined by the
Facility Manager and / or the Promoter, as part of the development and common
infrastructure charges referred to herein in accordance with the term of this
Agreement. Such charges may vary from time to time and the Allottee/s agrees
that it shall not raise any dispute regarding the appointment of any such Facility
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
d. The Allottee/s agrees to abide by any and all terms, conditions, rules and/or
regulations that may be imposed by the Promoter and/or the Facility Manager,
including without limitation, payment of the Allottee/s’ share of the service
charges that may become payable with respect to the operation and maintenance
of the common areas and facilities of and / or the Free Sale Land and/or the
Larger Land and the Free Sale Building and / or the Free Sale Building
constructed thereon.
a. Upon 51% of the total number of units/premises in the Real Estate Project being
booked by allottees, the Promoter shall submit an application to the competent
authorities to form a co-operative housing society to comprise solely of the
Allottee/s and other allottees of units/premises in the Free Sale Building, under
the provisions of the Maharashtra Co-operative Societies Act, 1960 and the
Rules made thereunder, read with RERA and the RERA Rules.
b. The Allottee/s shall, along with other allottees of premises/units in the Real
Estate Project, join in forming and registering a co-operative housing society
under the provisions of the Maharashtra Co-operative Societies Act, 1960 and
the Rules thereunder and in accordance with the provisions of the RERA and
RERA Rules, in respect of the Real Estate Project in which the allottees of the
premises in the Real Estate Project alone shall be joined as members (“the
Society”).
c. For this purpose, the Allottee/s shall from time to time sign and execute the
application for registration and/or membership and all other papers, forms,
writings and documents necessary for the formation and registration of the
Society and for becoming a member thereof, including the bye-laws of the
Society and shall duly fill in, sign and return to the Promoter within 7 (seven)
days of the same being made available to the Allottee/s; so as to enable the
Promoter to register the Society. No objection shall be taken by the Allottee/s if
any changes or modifications are made in the draft/final bye-laws of the Society,
as may be required by the Registrar of Co-operative Societies or any other
Competent Authority.
e. The Society shall admit all purchasers of flats and premises in the Free Sale
Building as members, in accordance with its bye-laws.
f. The Promoter shall be entitled, but not obliged to, join as a member of the
Society in respect of unsold premises in the Real Estate Project, if any.
g. Post execution of the Society Conveyance, the Society shall be responsible for
the operation and management and/or supervision of the Real Estate Project,
and the Allottee/s shall extend necessary co-operation and shall do the
necessary acts, deeds, matters and things as may be required in this regard.
j. The cost, charges, expenses, levies, fees, taxes, duties, including stamp duty
and registration charges, with respect to the formation of the Society and/or
Other Societies, including in respect of (a) any documents, instruments, papers
and writings, (b) professional fees charged by the Advocates & Solicitors
engaged by the Promoter for preparing, drafting and approving all such
documents, shall be borne and paid by the respective Society/Other Societies
and their respective members/intended members including the Allottee/s; as the
case may be, and the Promoter shall not be liable toward the same.
a. Within 3 months from the date of issuance of the Full Occupation Certificate, the
Real Estate Project with the common areas, facilities and amenities described in
the Fourth Schedule and Fifth Schedule hereunder written shall be conveyed
to the Society vide a registered indenture of conveyance (“Society
Conveyance”). The Society shall be required to join in execution and
registration of the Society Conveyance. The costs, expenses, charges, levies
and taxes on the Society Conveyance and the transaction contemplated thereby
including stamp duty and registration charges shall be borne and paid by the
Society alone. Post the Society Conveyance, the Society shall be responsible for
the operation and management and/or supervision of the Real Estate Project
including any common areas facilities and amenities and the Promoter shall not
be responsible for the same, subject to the terms of this Agreement.
b. The Promoter shall execute and register similar conveyances to the Other
Societies with respect to their respective real estate project or portions thereof.
c. The cost, charges, expenses, levies, fees, taxes, duties, including stamp duty
and registration charges, with respect to the Society Conveyance and the
respective conveyances to Other Societies, including in respect of (a) any
documents, instruments, papers and writings, (b) professional fees charged by
the Advocates & Solicitors engaged by the Promoter for preparing, drafting and
approving all such documents, shall be borne and paid by the respective
Society/Other Societies and their respective members/intended members
including the Allottee/s; as the case may be, and the Promoter shall not be liable
toward the same.
b. The cost, charges, expenses, levies, fees, taxes, duties, including stamp duty
and registration charges, with respect to the formation of the Apex Body,
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
including in respect of (a) any documents, instruments, papers and writings, (b)
professional fees charged by the Advocates & Solicitors engaged by the
Promoter for preparing, drafting and approving all such documents, shall be
borne and paid by the Apex Body and its members/intended members, and the
Promoter shall not be liable toward the same.
14. Title of the Entire Free Sale Land to the Apex Body:
a. The overall scheme of the development of the Larger Land including the Entire
Free Sale Land is being carried out under the provisions of Rule 33(10) of the
DCR as a Slum Rehabilitation Scheme and such other provisions of the DCR as
applicable and/or such other incentive scheme as may be sanctioned under the
provisions of the DCR from time to time.
b. The Larger Land is owned in the manner as setout in the Recitals above.
Accordingly, the Entire Free Sale Land shall be transferred in favour of the Apex
Body/ies, in accordance with the applicable law, as may be prevailing from time
to time, and the deeds and documents as setout in the Recitals above. The
terms embodied in this Clause are one of the principal, material and fundamental
terms on which the said Premises is agreed to be sold to the Allottee/s.
d. The Apex Body shall be required to join in execution and registration of the
Transfer Document.
e. The cost, charges, expenses, levies, fees, taxes, duties, including stamp duty
and registration charges, with respect to the formation of the Apex Body,
including in respect of (a) any documents, instruments, papers and writings, (b)
professional fees charged by the Advocates & Solicitors engaged by the
Promoter for preparing, drafting and approving the said Transfer Document and
all such documents, as may be required in this regard, shall be borne and paid
by the Apex Body and its members/intended members, and the Promoter shall
not be liable toward the same.
f. Post the execution of the Transfer Document, the Apex Body shall be
responsible for the operation and management and/or supervision of the Entire
Free Sale Land including any common areas facilities and amenities and the
Promoter shall not be responsible for the same.
15. The Allottee/s shall, before delivery of possession of the said Premises, deposit the
following amounts with the Promoter:
The above amounts are not refundable and no accounts or statement will be required to
be given by the Promoter to the Allottee/s in respect of the above amounts deposited by
the Allottee/s with the Promoter except the amount collected as maintenance deposit as
stated in clause 15(i) and 15(iii) above.
16. In addition, the Allottee/s shall also pay to the Promoter a sum of Rs. ________/-
(Rupees __________ only) for meeting all legal costs, charges and expenses, including
professional costs of the Attorney-at-Law / Advocates of the Promoter in connection with
this Agreement, the transaction contemplated hereby, the formation of the Society/Apex
Body, for preparing the rules, regulations and bye-laws of the Society/Apex Body, and,
the cost of preparing and engrossing the Society Conveyance, the Transfer Document
and other deeds, documents and writings.
17. The Promoter has informed the Allottee/s that there may be common access road, street
lights, common recreation space, passages, electricity and telephone cables, water
lines, gas pipelines, drainage lines, sewerage lines, sewerage treatment plant and other
common amenities and conveniences in the layout of the Larger Land. The Promoter
has further informed the Allottee/s that all the expenses and charges of the aforesaid
amenities and conveniences may be common and the Allottee/s alongwith other
purchasers of flats/units/premises in the Real Estate Project and/or on the Free Sale
Land, and the Allottee/s shall share such expenses and charges in respect thereof as
also maintenance charges proportionately. Such proportionate amounts shall be payable
by each of the purchasers of flats/units/premises on the Real Estate Project including the
Allottee/s herein and the proportion to be paid by the Allottee/s shall be determined by
the Promoter and the Allottee/s agrees to pay the same regularly without raising any
dispute or objection with regard thereto. Neither the Allottee/s nor any of the purchasers
of flats/units/premises in the Real Estate Project shall object to the Promoter laying
through or under or over the Larger Land or any part thereof pipelines, underground
electric and telephone cables, water lines, gas pipe lines, drainage lines, sewerage lines,
etc., belonging to or meant for any of the other buildings/towers which are to be
developed and constructed on any portion of the Larger Land.
i. The Promoter has clear and marketable title and has the requisite rights
to carry out development upon the said Land and also has actual,
physical and legal possession of the said Land for the implementation of
the Whole Project;
ii. The Promoter has lawful rights and requisite approvals from the
competent Authorities to carry out development of the Real Estate
Project and shall obtain requisite approvals from time to time to complete
the development of the Real Estate Project;
iii. There are no encumbrances upon the Real Estate Project except those
disclosed to the Allottee/s;
iv. There are no litigations pending before any Court of law with respect to
the Real Estate Project except those disclosed to the Allottee/s;
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
vi. The Promoter has the right to enter into this Agreement and has not
committed or omitted to perform any act or thing, whereby the right, title
and interest of the Allottee/s created herein, may prejudicially be affected;
vii. The Promoter has not entered into any agreement for sale and/or
development agreement or any other agreement / arrangement with any
person or party with respect to the said Land and the said Premises,
which will, in any manner, affect the rights of Allottee/s under this
Agreement;
viii. The Promoter confirms that the Promoter is not restricted in any manner
whatsoever from selling the said Premises to the Allottee/s in the manner
contemplated in this Agreement;
ix. At the time of execution of the Society Conveyance, the Promoter shall
handover lawful, vacant, peaceful, physical possession of the common
areas of the Real Estate Project as detailed in the Fourth Schedule
hereunder written to the Society;
x. The Promoter has duly paid and shall continue to pay and discharge
undisputed governmental dues, rates, charges and taxes and other
monies, levies, impositions, premiums, damages and/or penalties and
other outgoings, whatsoever, payable with respect to the Real Estate
Project to the competent Authorities till the Society Conveyance and
thereupon shall be proportionately borne by the Society;
xi. No notice from the Government or any other local body or authority or
any legislative enactment, government ordinance, order, notification
(including any notice for acquisition or requisition of the Land) has been
received or served upon the Promoter in respect of the Land and/or the
Project except those disclosed to the Allottee/s;
19. The Allottee/s with intention to bring all persons into whosoever hands the Premises
and/or its rights, entitlements and obligations under this Agreement, may come, hereby
agrees and covenants with the Promoter as follows:
a. To maintain the said Premises at the Allottee's own cost in good and tenantable
repair and condition from the date that of possession of the said Premises is
taken and shall not do or suffer to be done anything in or to the Real Estate
Project which may be against the rules, regulations or bye-laws or change/alter
or make addition in or to the Free Sale Building in which the said Premises is
situated and the said Premises itself or any part thereof without the consent of
the local authorities and Promoter.
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 Real Estate Project in which the said Premises is situated or
storing of which goods is objected to by the concerned local or other authority
and shall take care while carrying heavy packages which may damage or likely
to damage the staircases, common passages or any other structure of the
building in which the said Premises is situated, including entrances of the Real
Estate Project in which the said Premises is situated and in case any damage is
caused to the Real Estate Project in which the said Premises is situated or the
said Premises on account of negligence or default of the Allottee/s in this behalf,
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
c. To carry out at his 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 Allottee/s and shall not do or suffer to be done
anything in or to the Real Estate Project in which the said Premises is situated or
the said Premises which may be contrary to the rules and regulations and bye-
laws of the concerned local authority or other public authority. In the event of the
said Premises committing any act in contravention of the above provision, the
Allottee/s shall be responsible and liable for the consequences thereof to the
concerned local authority and/or other public authority.
e. Not to do or permit to be done any act or thing which may render void or
voidable any insurance of the Larger Land and/or the Real Estate Project in
which the said Premises is situated or any part thereof or whereby any increased
premium shall become payable in respect of the insurance;
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 Larger
Land and/or the Real Estate Project in which the said Premises is situated.
g. Pay to the Promoter within 15 (fifteen) days of demand by the Promoter, his
share of taxes, security deposit demanded by the concerned local authority or
Government or giving water, electricity or any other service connection to the
Real Estate Project in which the said Premises is situated.
h. Bear and pay increase in local taxes, water charges, insurance and such other
levies, if any, which are imposed by any concerned local authority and/or
government and/or other public authority on account of change of user of the
premises by the Allottees for any purposes other than for purpose for which it is
sold.
i. Not to change the user of the said Premises without the prior written permission
of the Promoter and Society;
j. The Allottee/s shall not let, sub-let, transfer, assign, sell, lease, give on leave
and license, or part with interest or benefit factor of this Agreement or part with
the possession of the said Premises or dispose of or alienate otherwise
howsoever, the said Premises and / or its rights, entitlements and obligations
under this Agreement, until all the dues, taxes, deposits, cesses, Sale
Consideration and all other amounts payable by the Allottee/s to the Promoter
under this Agreement, are fully and finally paid together with applicable interest
thereon at the Interest Rate if any. In the event the Allottee/s is desirous of
transferring the said Premises and/or its rights under this Agreement prior to
making such full and final payment, then, the Allottee/s shall be entitled to
effectuate such transfer only with the prior written permission of the Promoter.
k. The Allottee/s shall observe and perform all the rules and regulations which the
Society and Apex Body may adopt at its inception and the additions, alterations
or amendments thereof that may be made from time to time for protection and
maintenance of the Free Sale 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 Government and other
public bodies. The Allottee/s shall also observe and perform all the stipulations
and conditions laid down by the Society /Apex Body regarding the occupancy
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
and use of the said Premises in the Real Estate Project and and shall pay and
contribute regularly and punctually towards the taxes, expenses or other out-
goings in accordance with the terms of this Agreement.
l. The Allottee/s shall permit the Promoter and their surveyors and agents, with or
without workmen and others, at all reasonable times, to enter into and upon the
said Premises and the Real Estate Project or any part thereof to view and
examine the state and condition thereof.
m. Till the execution of the Transfer Document is executed in favour of the Apex
Body, the Allottee/s shall permit the Promoter and their surveyors and agents,
with or without workmen and others, at all reasonable times, to enter into and
upon the Larger Land, the buildings/towers/wings/units thereon, or any part
thereof, to view and examine the state and condition thereof.
n. The Free Sale Building is currently known as ‘JP Decks’ and the Promoter shall
be entitled to formally re-name the Free Sale Building at a later date and which
name shall not be changed by the Allottee/s and / or the Society and / or the
Apex Body, as the case may be.
o. It is agreed that the said Premises shall be of R.C.C. structure with normal brick /
block wall / dry wall with gypsum / putty / cement plaster. The Allottee/s hereby
agrees that the Promoter may, if required due to any structural reasons convert
any brick / block wall / dry wall in the said Premises into a load bearing R.C.C.
wall or vice versa and the Allottee/s hereby further agrees and irrevocably
consents not to dispute or object to the same. The Allottee/s, along with any and
all allottees of the flats and premises of the Free Sale Building, are strictly
prohibited to make any structural changes internally in the concrete structure i.e.
walls, columns, beams and slabs, which may result into temporary and/or
permanent changes and defects in the monolithic structure and may also have
severe damaging consequences on the stability of the Free Sale Building. The
said Premises shall contain amenities as set out in the Fifth Schedule hereto.
The Promoter shall not be liable, required and / or obligated to provide any other
specifications, fixtures, fittings and / or amenities in the said Premises or in the
Free Sale Building. Further, though the Promoter has proposed to provide certain
facilities such as common swimming pool and gymnasium, the Promoter has the
right to add, alter, amend or delete any or all of the proposed amenities.
p. The Allottee/s agrees and covenants that the Allottee/s and / or any other person
shall not load in the said Premises, either by way of fit-out or construction or in
any other manner whatsoever, anything more than as is prescribed in the Fit-Out
Guidelines as described hereinbelow. The Allottee/s shall be responsible to apply
and obtain the permission of the concerned statutory authorities for such
refurbishment / fit-out at his/her/its/their costs and expenses. The Allottee/s
confirm that no structural changes and / or structural alterations of any nature
whatsoever shall be made by the Allottee/s.
q. Not to affix any fixtures or grills on the exterior of the Free Sale Building for the
purposes of drying clothes or for any other purpose and undertakes not to have
any laundry drying outside the said Premises and the Allottee/s shall not decorate
or alter the exterior of the said Premises either by painting and/or otherwise. The
Allottee/s shall fix the grills on the inside of the windows only. The standard
design for the same shall be obtained by the Allottee/s from the Promoter and the
Allottee/s undertakes not to fix any grill having a design other than the standard
design approved by the Promoter. If found that the Allottee/s has affixed fixtures
or grills on the exterior of his / her / their / its premises for drying clothes or for
any other purpose or that the Allottee/s has affixed a grill having a design other
than the standard approved design, the Allottee/s shall immediately rectify /
dismantle the same so as to be in compliance with his / her / their / its obligations
as mentioned herein.
r. Not to affix air conditioner/s at any other place other than those earmarked for
fixing such premises so as not to affect the structure, façade and/or elevation of
the Free Sale Building in any manner whatsoever. The Allottee/s shall not install
a window Air-conditioner within or outside the said Premises. If found that the
Allottee/s has affixed a window air conditioner or the outdoor condensing unit
which projects outside the said Premises, the Allottee/s shall immediately
rectify/dismantle the same so as to be in compliance with his/her/their/its
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
s. To keep the sewers, drains and pipes in the said Premises and appurtenance
thereto in good tenantable repairs and condition and in particular, support shelter
and protect the other parts of the Free Sale Building and the Allottee/s shall not
chisel or in any other manner damage columns, beams, walls, slabs or R. C. C.
Pardis or other structural members in the said Premises without the prior written
permission of the Promoter and/or of the Society and the Apex Body.
t. Not to make any alteration in the elevation and outside colour scheme of paint
and glass of the Free Sale Building and not cover / enclose the planters and
service slabs or any of the projections from the said Premises, within the said
Premises, nor chisel or in any other manner cause damage to the columns,
beams, walls, slabs or RCC partition or walls, pardis or other structural members
in the said Premises, nor do / cause to be done any hammering for whatsoever
use on the external / dead walls of the Free Sale Building or do any act to affect
the FSI potential of the Free Sale Land and / or the Larger Land.
u. Not to do or permit to be done any renovation / repair within the said Premises
without prior written permission of the Promoter. In the event of the Allottee/s
carrying out any renovation / repair within the said Premises, without prior written
permission and /or in contravention of the terms of such prior written permission,
as the case may be, then in such event the Promoter shall not be responsible for
rectification of any defects noticed within the said Premises or of any damage
caused to the said Premises or the Free Sale Building on account of such
renovation / repair.
v. Not to enclose the passages, if any, forming part of the said Premises without the
previous written permission of the Promoter and/or the said Society and / or the
Apex Body, as the case may be, and of the SRA, the SRA or other competent
authority and other concerned authorities.
w. Not to shift or alter the position of either the kitchen, the piped gas system or the
toilets which would affect the drainage system of the said Premises /Building in
any manner whatsoever.
x. 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 Free Sale
Land and / or the Entire Free Sale Land and the Free Sale Building and / or the
Entire Free Sale Building/s.
y. Not to do or permit to be done any act or thing which may render void or violable
any insurance of the Free Sale Land and / or the Entire Free Sale Land and the
Free Sale Building and / or the Entire Free Sale Building/s or any part thereof or
whereby an increased premium shall become payable in respect of the
insurance.
z. To abide, observe and perform all the rules and regulations which the Society
and / or the Apex Body may adopt at its inception and additions, alterations or
amendments thereof that may be made from time to time for protection and
maintenance of the Free Sale Building and the said Premises therein and / or the
Free Sale Building and for observance and performance of the building rules and
regulations for the time being in force of the concerned local authority and of
Government and other public bodies and authorities. The Allottee/s shall also
observe and perform all the stipulations and conditions laid down by the said
Society and / or the Apex Body regarding the occupation and use of the said
Premises in the Free Sale Building and the Allottee/s shall pay and contribute
regularly and punctually towards the taxes, expenses and outgoings.
aa. Not to violate and to abide by all rules and regulations framed by the Promoter /
its designated Facility Manager and / or by the said Society and / or the Apex
Body, as the case may be, for the purpose of maintenance and up-keep of the
Free Sale Building and / or the Free Sale Building and in connection with any
interior / civil works that the Allottee/s may carry out in the said Premises (the
“Fit-Out Guidelines”).
bb. The Allottee/s shall never in any manner enclose any flower beds / planters /
ledges / pocket terrace/s / deck areas ornamental projects / dry yards / service
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
yards and other areas. These areas should be kept open and should not be partly
or wholly enclosed including installing any temporary or part shed or enclosure
and shall not include the same in the said Premises or any part thereof and keep
the same unenclosed at all times. The Promoter shall have the right to inspect
the said Premises at all times and also to demolish any such addition or alteration
or enclosing of the open areas without any consent or concurrence of the
Allottee/s and also to recover costs incurred for such demolition and
reinstatement of the said Premises to its original state.
cc. Shall not do either by himself / herself / itself or any person claiming through the
Allottee/s anything which may or is likely to endanger or damage the Free Sale
Building or any part thereof, the garden, greenery, fencing, saplings, shrubs,
trees and the installations for providing facilities in the Free Sale Building. No
damage shall be caused to the electricity poles, cables, wiring, telephone cables,
sewage line, water line, compound gate, or any other facility provided in the Free
Sale Building and / or the Entire Free Sale Building.
dd. Shall not display at any place in the Free Sale Building any bills, posters,
hoardings, advertisement, name boards, neon signboards or illuminated
signboards. The Allottee/s shall not stick or affix pamphlets, posters or any paper
on the walls of the Free Sale Building or common area therein or in any other
place or on the window, doors and corridors of the Free Sale Building.
ee. Shall not affix, erect, attach, paint or permit to be affixed, erected, attached,
painted or exhibited in or about any part of the Free Sale Building or the exterior
wall of the said Premises or on or through the windows or doors thereof any
placard, poster, notice, advertisement, name plate or sign or announcement, flag-
staff, air conditioning unit, television or wireless mast or aerial or any other thing
whatsoever save and except the name of the Allottee/s in such places only as
shall have been previously approved in writing by the Promoter in accordance
with such manner, position and standard design laid down by the Promoter.
ff. Shall not park at any other place and shall park all cars in the said Car Parking
Space only as may be permitted / allotted by the Promoter.
gg. To make suitable arrangement for removal of debris arising out of any interior
decoration, renovation, furniture making or any other allied work in the said
Premises.
hh. The Allottee/s shall permit the Promoter and their surveyors and agents and
assigns with or without workmen and others at reasonable times to enter into
the said Premises or any part thereof for the purpose of making, laying down
maintaining, rebuilding, cleaning, lighting and keeping in order and good
condition (including repairing) all services, drains, pipes, cables, water covers,
gutters, wires, walls, structure or other conveniences belonging to or serving or
used for the Free Sale Building. The Allottee/s is aware that the main
water/drainage pipes of the Free Sale Building may pass through certain areas
within the said Premises. The Allottee/s agrees that he/she/they shall not
undertake any civil works/fit out works in such areas within the said Premises,
and/or permanently cover/conceal such areas within the said Premises, nor
shall they in any manner restrict the access to the water/drainage pipes and/or
damage the water/drainage pipes in any manner howsoever. The Promoter /the
Facility Manager and/or their respective workmen, staff, employees,
representatives and agents, shall, at all times, be entitled to access such areas
within the said Premises for the purpose of maintenance, repair and upkeep of
the water pipes and the Allottee/s hereby gives his express consent for the
same.
ii. The Allottee/s is aware and acknowledges that the Promoter is entitled to sell,
lease, sub-lease, give on leave and license basis or otherwise dispose of and
transfer the flats and apartments, garages or other premises as herein stated
comprised in the Free Sale Building and the Allottee/s undertakes that it shall not
be entitled to raise any objection with respect to the same.
jj. The Allottee/s is / are aware that the Promoter or its agents or contractors etc.,
shall carry on the work / balance of the other Free Sale Building/s with the
Allottee/s occupying the said Premises. The Allottee/s shall not object to, protest
or obstruct in the execution of such work, on account of pollution or nuisance or
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
on any other account, even though the same may cause any nuisance or
disturbance to him/her/them/it. The Promoter shall endeavour to minimise the
cause of nuisance or disturbance. This is one of the principal, material and
fundamental terms of this Agreement.
kk. The Promoter shall have the exclusive right to control advertising and signage,
hoarding, and all other forms of signage whatsoever within the Free Sale Land.
ll. The Promoter shall be entitled to construct site offices/sales lounge in the Free
Sale Land or any part thereof and shall have the right to access the same at
any time without any restriction whatsoever irrespective of whether the Free
Sale Land or any portion thereof is leased to the Society or to the Apex Body,
as the case may be, until the entire development on the Free Sale Land / the
said Land is fully completed.
20. It is agreed that as and when the Promoter enters into agreements / arrangements with
any person, or otherwise the Promoter is in a position to provide all Utilities (as defined
hereinafter) or any of them, then in that event the Allottee/s herein shall procure such
Utilities only from the Promoter or any person as may be nominated by the Promoter in
that behalf, as the case may be, and pay such amount as may be fixed by the Promoter
or its nominee, to the Promoter or to its nominee, as the case may be. This term is the
essence of this Agreement. For the purposes of this Clause, “Utilities” refers to gas,
water, electricity, telephone, cable television, internet services and such other service of
mass consumption as may be utilized by the Allottee/s on a day-to-day basis. It is further
clarified that this Clause shall not be interpreted / construed to mean that the Promoter is
obligated / liable to provide all or any of the Utilities whether or not the Promoter has
entered into agreements / arrangements with any person, or otherwise the Promoter is in
a position to provide all Utilities or any of them.
21. The Promoter and/or any professional agency appointed by it shall formulate the rules,
regulations and bye-laws for the maintenance and upkeep of the Free Sale Building, the
Entire Free Sale Buildings and / or the Free Sale Land, the Entire Free Sale Land and
that the costs and expenses together with applicable taxes thereon for the same shall be
borne and paid by the Allottee/s as may be determined by the Promoter and / or such
professional agency.
22. The Allottee/s hereby shall nominate his / her / their / its nominee in respect of the said
Premises. On the death of Allottee/s, the said Premises shall assume all the obligations
of the Allottee/s under this Agreement or otherwise, and shall be liable and responsible
to perform the same. The Allottee/s shall at any time hereafter be entitled to substitute
the name of the said Nominee for the purposes herein mentioned. The Promoter shall
only recognize the said Nominee or the nominee substituted by the Allottee/s (if such
substitution has been intimated to the Promoter in writing) and deal with him/her/them in
all matters pertaining to the said Premises. The heirs and legal representatives of the
Allottee/s shall be bound by any or all the acts, deeds, dealings, breaches, omissions,
commissions etc., of and/or by the said Nominee. The Promoter shall at its discretion be
entitled to insist on Probate / Succession Certificate/Letter of Administration and/or such
other documents as the Promoter may deem fit, from such nominee. The nominee would
be required to give an indemnity bond indemnifying the Promoter as may be necessary
and required by the Promoter.
23. It is agreed that the Allottee/s shall be entitled to avail loan from a Bank and to mortgage
the said Premises by way of security for repayment of the said loan to such Bank only
with the prior written consent of the Promoter. The Promoter will grant their no objection,
whereby the Promoter will express it’s no objection to the Allottee/s availing of such loan
from the Bank and mortgaging the said Premises with such Bank, provided however, the
Promoter shall not incur any liability/obligation for repayment of the monies so borrowed
by the Allottee/s and/or any monies in respect of such borrowings including interest and
cost and provided the mortgage created in favour of such Bank in respect of the said
Premises of the Allottee/s shall not in any manner jeopardise the Promoter’s right to
receive full consideration and other charges and to develop the balance of the larger
property and such mortgage in favour of such Bank shall be subject to Promoter’s first
lien and charge on the said Premises in respect of the unpaid amounts payable by the
Allottee/s to the Promoter under the terms and conditions of this Agreement and subject
to the other terms and conditions contained herein. The Promoter will issue the said No
Objection Letter addressed to the Bank undertaking to make payment of the balance
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
purchase price of the said Premises directly to the Promoter as per the schedule of
payment of the Sale Consideration as setout herein above and such confirmation letter
shall be mutually acceptable to the parties hereto and to the said Bank.
24. The Allottee/s hereby represents and warrants to the Promoter that:
a. he / she / they / it is / are not prohibited from acquiring the said Premises under
any applicable law or otherwise;
d. none of his / her / their / its assets / properties is attached and / or no notice of
attachment has been received under any rule, law, regulation, statute etc.;
e. no notice is received from the Government of India (either Central, State or Local)
and / or from any other Government abroad for his / her / their / its involvement in
any money laundering or any illegal activity and / or is declared to be a
proclaimed offender and / or a warrant is issued against him / her / them;
f. no execution or other similar process is issued and / or levied against him / her /
them and / or against any of his / her / their / its assets and properties;
g. he / she / they has / have not compounded payment with his / her / their / its
creditors;
h. he / she / it / they is / are not convicted of any offence involving moral turpitude
and / or sentenced to imprisonment for any offence not less than 6 (six) months;
i. he / she / it / they is / are not an undesirable element and will not cause nuisance
and / or cause hindrances in the completion of the project and / or anytime
thereafter and will not default in making payment of the amounts mentioned in
this Agreement;
j. The Allottee/s is/are in a good financial position to pay the Sale Consideration
and the Installments in the manner as stated in this Agreement without any delay
or default and shall as and when called upon by the Promoter provide such
security as may be required by the Promoter towards the payment of the Sale
Consideration and the Installments.
25. It is abundantly made clear to the Allottee/s who is or may become a non-
resident/foreign national of Indian Origin during the subsistence of this Agreement, that
in respect of all remittances, acquisitions/transfer of the said Premises, it shall be
his/her/their/its sole responsibility to comply with the provisions of the Foreign Exchange
Management Act, 1999 or statutory enactments or amendments thereof, and the rules
and regulations of the Reserve Bank of India or any other applicable law from time to
time. Any refund required to be made under the terms of this Agreement shall be made
in accordance with the provisions of the Foreign Exchange Management Act, 1999 or
such statutory enactments or amendments thereof, and the rules and regulations of the
Reserve Bank of India or any other applicable law from time to time. The Allottee/s
understands and agrees that in the event of any failure on his/her/their/its part to comply
with the prevailing exchange control guidelines issued by the Reserve Bank of India
he/she/they/it alone shall be liable for any action under the Foreign Exchange
Management Act, 1999, or any other statutory modifications or re-enactments thereto.
The Promoter accepts no responsibility in this regard and the Allottee/s agrees to
indemnify and keep the Promoter indemnified and saved harmless from any loss or
damage caused to it for any reason whatsoever.
26. The Promoter shall maintain a separate account in respect of sums received from the
Allottee/s as maintenance deposit, sums received on account of the share capital and
out goings and shall utilize the amounts only for the purposes for which they have been
received.
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
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 the Real Estate Project or the
Larger Land and/or any buildings/towers/wings as may be constructed thereon, or any
part thereof. The Allottee/s shall have no claim save and except in respect of the said
Premises hereby agreed to be sold to him and all open spaces, parking spaces, lobbies,
staircases, terraces, recreation spaces and all other areas and spaces and lands will
remain the property of the Promoter as hereinbefore mentioned until the Society
Conveyance and the Transfer Document, as the case may be.
c. After the Promoter executes this Agreement, it shall not mortgage or create a
charge on the said Premises and if any such mortgage or charge is made or
created then notwithstanding anything contained in any other law for the time
being in force, such mortgage or charge shall not affect the right and interest of
the Allottee/s who has taken or agreed to take such said Premises. Provided
however, that nothing shall affect the already subsisting mortgage/charge
created over the said Premises.
a. Forwarding this Agreement to the Allottee/s by the Promoter does not create a
binding obligation on the part of the Promoter or the Allottee/s until, firstly, the
Allottee/s signs and delivers this Agreement with all the Schedules and Annexes
along with the payments due as stipulated in the Installments at Clause 3(iv)
above, within 30 (thirty) days from the date of receipt by the Allottee/s and
secondly, appears for registration of the same before the concerned Office of the
Sub-Registrar of Assurances as and when intimated by the Promoter. If the
Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30
(thirty) days from the date of its receipt by the Allottee/s and/or appear before the
Sub-Registrar for its registration as and when intimated by the Promoter, then
the Promoter shall serve a notice to the Allottee/s for rectifying the default, which
if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee/s;
application of the Allottee/s shall be treated as cancelled and all sums deposited
by the Allottee/s in connection therewith including the booking amount shall be
returned to the Allottee/s without any interest or compensation whatsoever.
a. This Agreement, along with its schedules and annexures, constitutes the entire
Agreement between the Parties with respect to the subject matter hereof and
supersedes any and all understandings, any other agreements, booking form,
letter of acceptance, allotment letter, correspondences, arrangements whether
written or oral, if any, between the Parties in regard to the said
apartment/plot/building, as the case may be.
a. This Agreement may only be amended through written consent of the Parties.
a. It is clearly understood and so agreed by and between the Parties hereto that all
the provisions contained herein and the obligations arising hereunder in respect
of the Project shall equally be applicable to and enforceable against any
subsequent allottee/s of the said Premises, in case of a transfer, as the said
obligations go along with the said Premises, for all intents and purposes.
33. Severability:
a. Wherever in this Agreement it is stipulated that the Allottee/s has to make any
payment, in common with other Allottee(s) in Project, the same shall be in
proportion to the carpet area of the said Premises to the total carpet area of all
the other premises/units/areas/spaces in the Real Estate Project/Whole Project.
a. Both Parties agree that they shall execute, acknowledge and deliver to the other
such instruments and take such other actions, in additions to the instruments
and actions specifically provided for herein, as may be reasonably required in
order to effectuate the provisions of this Agreement or of any transaction
contemplated herein or to confirm or perfect any right to be created or
transferred hereunder or pursuant to any such transaction.
a. The execution of this Agreement shall be complete only upon its execution by
the Promoter through its authorized signatory at the Promoter's office, or at
some other place, which may be mutually agreed between the Promoter and the
Allottee/s; in Mumbai City, after the Agreement is duly executed by the Allottee/s
and the Promoter or simultaneously with the execution the said Agreement shall
be registered at the office of the Sub-Registrar. Hence this Agreement shall be
deemed to have been executed at Mumbai.
37. Notices
a. That in case there are Joint Allottees all communications shall be sent by the
Promoter to the Allottee/s whose name appears first and at the address given by
him/her which shall for all intents and purposes to consider as properly served
on all the Joint Allottees.
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
a. The Allottee/s shall bear and pay all the amounts payable towards stamp duty,
registration charges and all out-of-pocket costs, charges and expenses on all
documents for sale and/or transfer of the said Premises, including applicable
stamp duty and registration charges on this Agreement. Any consequence of
failure to register this Agreement within the time required shall be on the
Allottee/s’ account.
b. The Allottee/s and/or Promoter shall present this Agreement at the proper
registration office of registration within the time limit prescribed by the
Registration Act, 1908 and the Promoter will attend such office and admit
execution thereof.
a. This Agreement and the rights, entitlements and obligations of the Parties under
or arising out of this Agreement shall be construed and enforced in accordance
with the laws of India as applicable in Mumbai City, and the Courts of Law in
Mumbai will have exclusive jurisdiction with respect to all matters pertaining to
this Agreement.
a. The Permanent Account Number of the Parties are as set out in the Third
Schedule hereunder written.
43. Interpretation:
ii. any reference to the singular shall include the plural and vice-versa;
iii. any references to the masculine, the feminine and the neuter shall include
each other;
vi. the schedules form part of this Agreement and shall have the same force
and effect as if expressly set out in the body of this Agreement, and any
reference to this Agreement shall include any schedules to it. Any
references to clauses, sections and schedules are to clauses, sections of
and schedules to this Agreement. Any references to parts or paragraphs
are, unless otherwise stated, references to parts or paragraphs of
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
viii. the expression “the Clause” or “this Clause” shall, unless followed by
reference to a specific provision, be deemed to refer to the whole clause
(not merely the sub-clause, paragraph or other provision) in which the
expression occurs;
xi. the words “include”, “including” and “in particular” shall be construed as
being by way of illustration or emphasis only and shall not be construed
as, nor shall they take effect as, limiting the generality of any preceding
words;
xiii. where a wider construction is possible, the words “other” and “otherwise”
shall not be construed ejusdem generis with any foregoing words.
IN WITNESS WHEREOF parties hereinabove named have set their respective hands and
signed this Agreement for Sale at Mumbai in the presence of attesting witness, signing as
such on the day first above written.
PART A
All that piece or parcels of land bearing CTS Nos. 610A/1/A/1B, 610A/1A/1A ,610(part) (earlier
forming part of larger land bearing C.T.S No.610 (part)) and 611 of Village Malad (East),
Taluka Borivali, Mumbai Suburban District situate at General Arunkumar Vaidya Marg, Malad
(East), Mumbai 400 097 admeasuring 43,212 square meters or thereabouts and bounded as
follows:
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
PART B
All that piece or parcels of land bearing CTS No. 610A/1/A/1B (earlier forming part of larger
land bearing C.T.S No.610 (part) of Village Malad (East), Taluka Borivali, Mumbai Suburban
District situate at General Arunkumar Vaidya Marg, Malad (East), Mumbai 400 097
admeasuring 11904 square meters or thereabouts and bounded as follows:
PART C
All that piece and parcel of land admeasuring about 27,508 square meters or thereaboauts
bearing CTS No. 610A/1A/1A [forming part of CTS No. 610 (part)] of Village Malad (East),
Taluka Borivali, Mumbai Suburban District lying, being and situate at Malad (East), Mumbai
Suburban District at General Arunkumar Vaidya Marg, Malad (East), Mumbai- 400 097 and
bounded as follows:
PART D
All that piece and parcel of land admeasuring about 1700 square meters or thereaboauts
bearing CTS No. 610A/1A/1A (part) of Village Malad (East), Taluka Borivali, Mumbai
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
Suburban District forming part of Indira Nagar lying, being and situate at Malad (East), Mumbai
Suburban District at General Arunkumar Vaidya Marg, Malad (East), Mumbai- 400 097 and
bounded as follows:
PART E
All that piece and parcel of land admeasuring about 3800 square meters or thereaboauts
bearing CTS Nos. 610(part) of Village Malad (East), Taluka Borivali, Mumbai Suburban District
forming part of Meera Nagar and Shoppers Spot lying, being and situate at Malad (East),
Mumbai Suburban District at General Arunkumar Vaidya Marg, Malad (East), Mumbai- 400 097
and bounded as follows:
All that piece and parcel of land admeasuring about 13604 square meters or thereaboauts
comprised in CTS No. 610A/1/A/1B and 610A/1A/1A (part) of Village Malad (East), Taluka
Borivali, Mumbai Suburban District lying, being and situate at Malad (East), Mumbai Suburban
District at General Arunkumar Vaidya Marg, Malad (East), Mumbai- 400 097 and bounded as
follows:
1. Water Tank: R.C.C. underground water tank & overhead water tank with domestic tank,
flushing tank & fire tank shall be provided.
2. Rain water harvesting: Optimum use of rain water with rain harvesting system provided as
per regulatory authority guidelines
4. Typical Level Lift Lobby: Lift lobby at typical level with vitrified flooring, ceramic/vitrified
wall tiles on certain walls as per design. Gypsum false ceiling
5. Elevator: Schindler
6. DG back up or alternate power supply for one lift and few common area lights provided as
per regulatory authority guidelines
7. Podium- Three level podium
1. Flooring: Vitrified flooring 800x800 mm in living room, bedroom, passage & in Kitchen
2. Door: Bed room doors with wooden door frame and laminate finish door shutter, Toilet
doors with artificial marble door frame and laminate finish door shutter, Fire rated Main
door with wooden door frame and veneer finish door shutter.
6. Kitchen platform: Granite kitchen platform with stainless steel sink, 2’ high ceramic/vitrified
wall tile above platform.
8. Wiring: Concealed wiring with good quality switches (GM or equivalent). Provision of
telephone point in living and bedrooms.
9. Intercom- Provision for intercom facility for all flats with connection from main security
cabin
11. External Paint: External grade texture paint by Jotun. Jotun Profile decore Texture 2 mm
(External paint)
2.
)
SIGNED AND DELIVERED by the within )
named Allottee/s )
Mr/Mrs ____________________________ )
___________________________________ )
in the presence of _________________ )
)
)
)
)
)
1.
2.
) Rs. ____________/-
TOTAL
We Say Received
Authorised Signatory
Witness:
This Allotment Letter and AFS (version 6.3 dated 02.05.2018) supersedes all other Allotment Letters and AFS uploaded earlier.
=======================================
AND
Mr./Mrs/Miss/Master/M/s.___________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
… THE ALLOTTEE/S
==============================================
AGREEMENT FOR SALE
(JP Decks)
==============================================