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AGREEMENT

THIS AGREEMENT is made and executed at Pune on this … … … day of …

… … … … … … Two Thousand and … … … … … …

BETWEEN

M/S. SAIESHWAR PROJECTSS, (PAN : ABTFS4067P) a partnership firm, having

its office at 302 Park Plaza, Third Floor, Dr. Ketkar Road, Erandwane, Pune 411004
through its Partners 1) SHRI. VIJAY NARAYAN JALAN, age 54 years, occupation:
business, 2) SHRI. RAJENDRA SHAMSUNDAR BIHANI, age 55 years, occupation:
business, 3) SHRI. SHRIKANT HIRALALJI UNECHA, age 39 years, occupation:
business, carrying on business as above.

Hereinafter referred to or called as “THE DEVELOPERS” (which expression shall

unless it be repugnant to the context or meaning thereof shall mean and include the
said Partnership firm, its present partners, and person/s who may be admitted as
partner/s of the said firm on reconstitution of the said Firm, and on dissolution of the
said firm, the rights and obligations under this Agreement to whom will be allotted
and partner/s‟s heirs, executors,, administrators and assigns but does not include the
person who ceases to be the partner of the said firm and his heirs, executors,
administrators and assignees )
“PARTY OF THE FIRST PART”

AND

1) MR./MRS./SMT. ..............................................
age about __ years, Occupation .......................
(PAN : ___________)
2) MR./MRS./SMT. ..............................................
age about __ years, Occupation ............
(PAN : ___________)
Both Residing at _______________________________
______________________________________________

Hereinafter referred to or called as “THE PURCHASER/S” (which expression shall

unless it be repugnant to the context or meaning thereof shall mean and include
he/she/they/ himself/herself/ themselves and his/her/their heirs, executors,
administrators only)
“PARTY OF THE SECOND PART”
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WHEREAS

(A) All that piece and parcel of the property bearing Sub Plot No. 69 out of Final
Plot No. 548, corresponding to City Survey No. 1187/69/1, admeasuring 834 sq.mtr.
situated at village Bhamburda (Shivajinagar) of City of Pune, Tal. Pune City, Dist.
Pune within the limits of Pune Municipal Corporation, Pune, which is more
particularly described in the SCHEDULE - I written hereunder and hereinafter
referred to as the SAID PROPERTY / SAID LAND is owned and possessed by the
Promoters. The Promoters purchased the said property from its erstwhile owner viz.
Chandan Ventures by Sale Deed dated 9/7/2010 and same document is registered
at Sr.No. 6820 on even date in the office of Sub Registrar, Haveli No. 11, Pune and
the Promoters have become the Owners and Possessors of the said property. The
Title and Rights of the Developer to the said property are detailed in the Note on Title
annexed hereto and marked as ANNEXURE “A” annexed hereto and is to be read
as a part and parcel of these presents.

(B) The said Property was constructed one even prior to 17-2-1976 i.e. before the
commencement of Urban Land (Ceiling and Regulation) Act, 1976. The previous
Owner was not under obligation to file any returns under the said Act. The Promoters
herein purchased the said Property after the abolition of Urban Land (Ceiling and
Regulations) Act, and as such there is no impediment of the said Act or its provisions
to the present transactions.

(C) The Promoter herein had obtained from Pune Municipal Corporation, Pune
sanction to the building plans of the building which is under construction on the said
land vide Commencement Certificate No. CC/0697/17 dated 13/06/2017.

(D) The Developer has obtained registration from the Real Estate Regularity
Authority vide Registration No. ____________. The Developer has provided all the
documents mentioned in Sec. 4 (2) of the Real Estate (Regulation and Development)
Act to the said authority along with its application for registration. The Developer has
also submitted his declaration under Sec. 4 (2) (l) to the said authority. The
Developer has opened a separate Bank Account in the __________ Bank for the
deposit of the 70% of the consideration under these presents. The Developer shall
abide by its declaration and the provisions of the said Act. The Developer has
created a web page on the web site of the said authority and has entered all details
of the proposed project as provided under Sub Sec. (2) of Sec. 4 of the Real Estate
(Regulation and Development) Act which is available for public viewing.
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(E) The Developer has completed all the legal formalities with respect to the
right, title and interest in respect of the said property on which the said project is to
be constructed. The Developer has further disclosed to the Purchaser that the
Developer shall have right to change, amend and revise the sanctioned layout plans,
construction plans and the Purchaser shall not withhold his consent without any
reasonable objection. The Developer has annexed the sanctioned layout plan to this
Agreement as an Annexure F. Without disturbing the area and the location of the
said unit, the Developer shall have right to change, amend and revised the said
layout plan, the construction plans and got the same sanctioned and the Purchaser/s
shall not withhold his / her / their consent for the same.

(F) The Developer has disclosed to the Purchaser/s that the Promoter is
constructing multi storied building consisting many commercial/ residential
tenements on the said property. The Promoters herein has decided to form an
Association of Apartments under name and style “SAI SQUARE APARTMENTS /
SAI SQUARE CONDOMINIUM” of all Accommodations holders in the said building
which is under construction on the said property and adjacent properties. Whenever
the additional FSI in future in the form of either paid FSI, premium FSI, amenity
handover FSI, TDR and/or due to amalgamation of adjoining land, Then the
additional FSI/TDR is sanctioned by local authority to be used in the project the
Developer has applied / shall be applying for revision to consume the available FSI
as well as the paid and premium FSI and thereafter the Developer shall get sanction
of additional floors and units. The Developer through this Agreement is giving the
Purchaser full knowledge that after receiving the revised sanction, if required, the
project and the building size may be increased. The Developer has given the
Purchaser/s full knowledge about the same and the Purchaser/s shall issue a No
Objection Certificate / Consent Deed for the additional construction, if any, in case of
the revision of the sanctioned plan.

(G) As a result of the aforesaid, the Developer herein alone is entitled to develop
and construct buildings on the said property and have exclusive right to sell, lease,
mortgage etc. the, shops, commercial units, flats, tenements, car parkings, adjoining
terraces, reserved/restricted areas, garden area, garage/outhouse, etc. in the
building/s which are under construction or to be constructed on the said property by
the Developer and to enter into agreements with the Purchasers, Mortgages,
Lessees, etc. and receive sale price/consideration and deposit and other charges in
respect thereof.

(H) The Developer have already initiated steps to acquire additional land
adjoining the said property and the said additionally acquired land shall be
amalgamated into the said property for effectual development of the said property
and successful completion of the said project being developed by the Developer to
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be known as “SAI SQUARE”. The Developer reserves his absolute right to develop
all other adjoining lands which may be taken for development or which are already
been developed by the Developer, however for the integrity of the project the layout
of the buildings have been prepared on the said property together with the intended
land to be taken for development and common areas & amenities agreed to be
provided herein shall be for the entire project on the said property and all other
adjoining lands taken for development by the Developer to be collectively known as
“SAI SQUARE”. The Developer also reserve his right to amalgamate the said
property and all other adjoining lands that may be acquired for development and also
to utilise all the benefits arising there from either jointly or solely on any of the said
property or the newly acquired lands.

(I) The Developer herein has appointed Architect M/s. VOW5 Vinay Wakalkar
having office at Office at 501, Saiket Apartment, Prabhat Road, Lane No. 15, Opp.
Symbiosis School, Pune 411 004 as its Architect and Spectrum Consultants, having
office at 759/25, behind Goodluck Hotel, Bhandarkar Road, Deccan Pune 411004,
as its Structural Engineer for the preparation of the drawings and structural design of
the building which is under construction on the said property. The Developer herein
has reserved right to change aforesaid Architects and Engineers before the
completion of the building/s

(J) The Developer has accordingly commenced work of the said building to be
known as “SAI SQUARE” on the said property.

(K) The copy of the Certificate of Title issued by the Advocate of the Developer
is annexed hereto as “ANNEXURE A”, floor plans of the unit/s agreed to be
purchased by the Unit Purchaser approved by the Pune Municipal Corporation is
annexed hereto as “ANNEXURE B”, Commencement Certificate issued by Pune
Municipal Corporation is annexed hereto as "ANNEXURE C", Details of the said
accommodation are mentioned in SCHEDULE II, Common Areas of the said
accommodation and common amenities are mentioned in SCHEDULE III, the
specifications of the said accommodation are mentioned in SCHEDULE IV, Property
Card extract of said property showing the title of the Owner and Developer is
annexed hereto as “ANNEXURE D”, the consent letter of the Purchaser is annexed
hereto as “ANNEXURE E”, The sanctioned layout plan of the said property is
annexed hereto as 'ANNEXURE 'F'. Any other relevant revenue records showing the
nature of the title of the Developer to the said property, on which the units are
constructed, are separately shown to the Purchasers.

(L) For development of the said property, the Consenting Party has not taken
any financial assistance from any financial institution and the said Property is free
from encumbrances.
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(M) The Purchaser/s herein demanded from the Developer and the Developer
has given inspection to the Purchaser/s and has also provided the Purchaser/s with
one set of all the documents relating to the said property and the plans, designs and
specifications prepared by the Architect of the Developer and such other documents
as are specified under the Maharashtra Ownership Flats (Regulation of the
Promotion of Construction, Sale, Management and Transfer) Act, 1963 and The
Provisions of The Real Estate (Regulation and Development) Act, 2016 (hereinafter
referred to as “the said Acts”) and rules made thereunder.

(N) After the Purchaser‟s inquiry, the Developer herein has requested the
Purchaser/s to carryout independent search by appointing his/her their own
Advocate and to ask any queries, he/she/they has/have regarding the marketable
title and nature of the title and rights of the Developer. The Purchaser/s has/have
satisfied himself/herself/themselves in respect of the marketable title and rights of the
Developer herein and therefore has/have approached the Developer for allotment
and have agreed to purchase the shop / commercial premises / Unit / tenement / car
parking more particularly described in the SCHEDULE II hereunder written and
delineated in red color boundary line on the Annexure “B” annexed hereto
(hereinafter referred to or called as “THE SAID ACCOMMODATION / UNIT”).

(O) The Developer herein has agreed to provide Specifications & amenities in the
said unit, which are more particularly described in the “SCHEDULE IV” hereunder
written.

(P) The Purchaser/s herein is/are aware of the fact that the Developer herein
have entered or will enter into similar or separate agreements/s with several other
person/s and party/ies in respect of other shop/s, commercial premise/s
Flat/Shop/Office/s, adjacent terrace/s, garage/s, office unit/s, tenement/s, basement,
car parking/s under the stilt and land adjacent to the building/s.

(Q) Relying upon the said offer and subject to whatever stated herein the
Developer have agreed to sell to the Purchaser/s the said Accommodation/Unit at
the price and on the terms and conditions herein appearing.

(R) This agreement does not preclude, diminish the rights of any financial
institutions, fund, registered money lender for which finance has been taken for the
project and the same can be claimed by them under the statutory claims and that this
does not in any way affect the right of the allotted in respect of his unit in the said
project.
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(S) The Promoter/s in compliance of Section 4 of Maharashtra Ownership Flats

Act, 1963 and Section 13(1) of the Real Estate (Regulation and Development) Act,
2016 is required to execute a written Agreement for sale of the said
Accommodation/Unit in favour of the Allottee/s, / Unit Purchaser/s, being in fact
these presents and also to register said Agreement for Sale under the Registration
Act, 1908, the parties hereto are desirous to reduce in writing all the terms and
conditions of this transaction and hence this presents.

NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY

AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:

1. CONSTRUCTION AS PER APPROVED PLANS: -

The Developer has commenced the Construction of the said building/s on the
said property in accordance with the plans, designs, specifications, approved by the
Pune Municipal Corporation and as per ensuing building plans which have been
seen & approved by the Unit Purchaser/s subject to such variation, alterations and
modification as the Developer may consider necessary or as may be required by the
concerned authorities to be made in them or any of them and duly certified by the
Architect/Engineer.

2. CONSIDERATION OF THE SAID ACCOMMODATION: -

Relying upon the Purchaser/s representation and the assurance , the
Developer herein have agreed to sell and the Purchase/s herein has/ have agreed to
purchase a Unit in Building known as “SAI SQUARE” a Unit bearing
Flat/Shop/Office No ---- admeasuring carpet area of about ----- sq.mtr. i.e ----- sq.ft.,
(the “carpet area” means the net usable floor area of an apartment, excluding the
area covered by the external walls, areas under services shafts, exclusive balcony
appurtenant to the said Apartment for exclusive use of the Purchaser/s or Verandah
area and exclusive open terrace area appurtenant to the said Apartment for
exclusive use of the Allottee, but includes the area covered by the internal partition
walls of the apartment.) situated on ---------- Floor in appurtenances thereto which
is more particularly described in “SCHEDULE II” written hereunder and herein after
the aforesaid premises referred to or called as “THE SAID ACCOMMODATION” at
or for total consideration of Rs. ---------/- (Rupees -----------------------------------------------
-------------------------------- Only) including the price for the proportionate share in the
said property subject to the encumbrances of restricted areas and facilities and
further including price of common areas and facilities appurtenant to the said
accommodation and also including the Share Money, Entrance Fee and Other
Expenses for formation of the Ultimate Body to be formed, expenses for obtaining
electric connection from M.S.E.D.C.L., but excluding the amount of Stamp Duty and
Registration, Amount of Taxes such as GST and Amount of Legal Charges and
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amount of annual maintenance which shall be paid by the Purchaser/s to the

representative authorities directly or to the Developer. The nature, extent and
description of the common areas and facilities and restricted areas and facilities are
more particularly described in SCHEDULE III written hereunder and the Developer
herein has agreed to provide the Specifications & amenities in the said
accommodation are more particularly described in the SCHEDULE IV written
hereunder.

The above mentioned price is a unit price which is escalation-free, save and except
increases which the Unit Purchaser/s hereby agree/s to pay, due to increase on
account of development charges payable to the competent authority and/or any other
increase in charges which may be levied or imposed by the competent authority from
time to time. The Developer undertakes and agrees that while raising a demand on
the Unit Purchaser/s for increase in development charges, cost/charges imposed by
the competent authorities, the Developer shall enclose the said
notification/order/rule/regulation to that effect along with the demand letter being
issued to the Unit Purchaser/s, which shall only be applicable on subsequent
payments. The Developer may charge the Unit Purchaser/s separately for any up
gradation/ changes specifically requested or approved by the Unit Purchaser/s in
fittings, fixtures and specifications and any other facility which have been done on
the Unit Purchaser/s request or approval but which have not been agreed upon
herein or as shown in the website of the registered authority and the area mentioned
is for the purpose of paying Stamp Duty as prescribed by the registration authorities
and this is not a Sq. Ft. deal but a package deal and on the terms and conditions
hereinafter appearing. It excludes the amount of stamp duty, registration charges,
amount of G.S.T. and Legal Charges and amount of maintenance, as applicable
which shall be paid by the Purchaser/s to Developer as and when asked for. The
Developer and the Unit Purchaser/s agreed not to question or challenge the said
consideration since the same having been settled on lump sum basis considering all
aspects and other terms of the agreement. The present Agreement is not a
construction agreement or works contract of service contract and the Property in the
said building as well as in the said unit would vest only with the Developer and would
pass on to the Unit Purchaser/s only on the execution of the Conveyance Deed or
Deed of Apartment. Despite the said legal position, if any taxes are levied on the
present agreement then the Unit Purchaser/s shall be liable to pay the same.

The Unit Purchaser/s has/have agreed to pay the GST by separate payments to the
Developer. It is also agreed between the parties hereto that, the Unit Purchaser/s
herein shall bear and pay the amount of GST as applicable on every installment of
payment of consideration.If at any time, after execution of this agreement, the
increase in GST under respective statue by the central and state government
respectively and further at any time before or after execution of this agreement any
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additional taxes/ duty/ charges/ premium/ cess/ surcharge etc., by whatever name
called, is levied or recovered or becomes payable under any statue/rule /regulation
notification order/either by the Central or the State Government or by the local
authority or by any revenue or other authority, in respect of the said property or the
said accommodation/unit or this agreement or the transaction herein, shall
exclusively be paid/borne by the Purchaser/s. The Purchaser/s hereby, always
indemnifies the Developer from all such levies, cost and consequences. The agreed
consideration of the said unit / accommodation has been fixed by the parties hereto
by considering the set off of GST as may be applicable from time to time and the
Developer has already passed on the benefit of set off of GST to the Unit
Purchaser/s by way of reduction/discount. It is therefore agreed between the parties
hereto that the Developer shall be entitled to get the set off / credit of the GST paid
on these presents and the Unit Purchaser/s shall not have any claim over the same.

The Developer shall intimate the Unit Purchasers about the imposition of any other
taxes that may be levied due to construction of the present Agreement or by any
amendment to any of the tax laws by the Government. The Unit Purchaser shall pay
the said tax to the Developer within 7 days from the date of intimation. If the Unit
Purchaser/s fail/s to pay the said tax within the stipulated period then there shall
remain a lien or charge of the said arrears on the said unit in favour of the Developer
and the Developer shall be entitled to recover the same from the Unit Purchaser/s
with interest thereon.

3 PAYMENT IN INSTALLMENTS:-
The Purchaser/s herein is well aware that construction of the Building on the said
property is in progress and considering this aspect the Purchaser/s has/have agreed
to pay the aforesaid agreed consideration to the Developer s herein the following
manner
Sr. No. % Amount in Rs. Particulars
1. 10 Before signing the Agreement
2. Not exceeding Paid by the Unit Purchaser/s to the
30 % Developer on signing the Agreement
by way of Cheque bearing No.
________ dated __________ drawn
on ___________ Bank, _________
Branch.
3. Amount Not Within 8 days from the
more than 45 % Commencement of PLINTH WORK
of transaction of the building in which said
price accommodation is situated i.e. on or
before _______.
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4. Within 8 days from the Completion of

FIRST SLAB including podiums and
stilts of the building or wing in which
said accommodation is situated on or
be
fore ________.
For stage No. 4
5 Within 8 days from the Completion of
to Stage No. 6
SECOND SLAB including podiums
the amount not
and stilts of the building or wing in
more than 70 %
which said accommodation is
of the
situated on or be
transaction price
fore ________.
6. Within 8 days from the Completion of
THIRD SLAB including podiums and
stilts of the building or wing in which
said accommodation is situated i.e.
on or before ________.
7. Amount not Within 8 days from the completion of
exceeding 75 % the walls, internal plaster, floorings
of the doors and windows of the said
transaction price apartment i.e. on or before
________.
8. Amount Not Within 8 days from the Completion of
more than 80 % staircases, lift wells, lobbies upto the
of transaction floor level of the said apartment i.e.
price on or before ________.
9. Amount Not Within 8 days from the completion of
more than 85 % the external plumbing and external
of transaction plaster, elevation, terraces with
price waterproofing of the building or wing
in which the said apartment is located
i.e. on or before ________.
10. Amount Not Within 8 days from the completion of
more than 95 % the lifts, water pumps, electrical
of transaction fittings, electro, mechanical and
price environmental requirements,
entrance lobby/s, plinth protection,
paving of areas appertain and all
other requirements as may be
prescribed in the Agreement of the
Sale of the building or wing in which
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the said Accommodation is located.

11. Remaining To be paid against and at the time of
Amount handing over the possession of the
Apartment to the Allottee on or after
receipt of Occupancy Certificate or
Completion Certificate On
Possession of the Flat/Shop/Office
i.e. on or before ________.
Total

The Developer shall have a first charge/ lien on the said Unit to the extent of all
amounts receivable by the Developer from the Purchaser/s under the terms hereof.
It is hereby clarified that the Developer shall be at liberty to vary the chronological
order of the various stages of construction/ Items of Work of the said Building in
which the said Unit is housed and of the said Unit itself and the Developer shall also
be at liberty to simultaneously undertake two or more stages of construction/ Items of
Work set out hereinabove in the table and to demand from the Purchaser/s the
aggregate of the installments towards the agreed consideration amount mentioned
hereinabove in the table to be paid as per the stages of construction/Items of Work.
The Purchaser/s shall pay the aforesaid amount of consideration on due date without
any intimation from the Developer and in case the Developer gives the written
intimation to the Purchaser/s calling upon the Purchaser/s to make the payment then
the Purchaser/s shall pay the aforesaid amount within 07 days from the receipt of
intimation. Payment is the essence of contract. The Purchaser/s shall make payment
of all installments towards the agreed consideration amount to the Developer by
Demand Draft or by local Cheques. If the Purchaser/s makes payment of any of such
installments by way of Out-station Cheques, then in such event, the date of payment
of the amount represented by such Cheques shall be the date when such amount is
credited in the account of the Developer after deducting there from the amount of
commission charged for clearance of any such Cheques by the Bank to the
Developer. The Unit Purchaser/s shall issue cheques / D.D.s for the each of the
installments and after the realizations of the said Cheques / D.D.s, the Developer
shall instruct his bankers to bifurcate such amounts in the proportion of 70:30 and
the 70% amount shall be transferred to the separate account as per the provisions of
RERA. The Developer shall deposit the 70 % of each of the above mentioned
installments against the said consideration received from the Unit Purchaser / s in
the separate Bank Account as mentioned hereinabove and shall provide certificates
from Engineer, Architect and the Chartered Accountant at the time of withdrawal of
the amounts as per the RERA. The remaining 30% of the amount shall be deposited
by the Developer in his own account. The said total amount of consideration is
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subject to increase due to the escalations / increases due to increase on account of

development charges payable to the Competent Authority and / or any other
increase in charges which may be levied or imposed by the competent authority,
local bodies / government from time to time. The Developer undertakes and agrees
that while raising a demand on the Unit Purchaser/s for increase in development
charges, costs or leave imposed by the competent authorities etc. the Developer
shall enclose the said notification / order / rule / regulations published / issued in that
behalf to that effect alongwith the demand letter being issued to the Unit
Purchaser/s.

4. OBSERVANCE OF ALL CONDITIONS IMPOSED BY LOCAL

AUTHORITIES:
It is hereby agreed that the Developer and the Unit Purchaser/s shall observe,
perform and comply with all the terms, conditions, stipulations, and restrictions, if
any, which have been or which may be imposed by the concerned local authorities at
the time of sanctioning of the plans or any time thereafter or at the time of granting
Completion Certificate. The Unit Purchaser / s shall not be entitled to claim
possession of the said Unit until the completion certificate in respect of the said Unit
is received by the Developer and the Unit Purchaser pays all the dues payable under
this agreement in respect of the said Unit to the Developer and is not guilty of breach
of any of the terms of these presents.

5. UTILIZATION F.S.I: -
The Developer has shown the sanctioned plan to the Unit Purchaser which shows
the Floor Space Index (FSI) presently available & unutilized F.S.I in respect to the
said property. The Developer hereby declares that the Floor Space Index available
as on date in respect of the said property is _______square meters only and the
Developer has planned to utilize future construction potential of _________ by
availing of FSI available on payment of premiums or FSI available as incentive FSI
by implementing various scheme or F.S.I. that may become available due to the
handing over of roads etc. as mentioned in the Development Control Regulation or
based on execution of increased FSI which may be available in future or modification
to Development Control Regulations which are applicable to the said project and the
T.D.R. The Developer has disclosed the construction potential as proposed to be
utilized by him on the said property and the Unit Purchaser/s has agreed to purchase
the said accommodation based on the proposed construction and sale of
accommodations to be carried out by the Developer by utilizing the proposed FSI
and on the understanding that the declared proposed FSI shall belong to Developer
only. The plan of the said Accommodation/Unit is subject to amendments and
changes as may be stipulated by the sanctioning authorities, Government, local
authority and / or the requirements of the Developer. The Unit Purchaser/s has/
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have agreed to purchase the said Apartment based the proposed construction and
sale of apartments to be carried out by the Developer by utilizing the proposed FSI /
TDR and on the understanding that the declared proposed FSI shall belong to
Developer only. The Purchaser hereby agrees and gives his specific irrevocable
consent, through the present Deed by executing a No-Objection Certificate/ Consent
Deed, is attached ANNEXURE E, to the Developer to carry out such amendments,
alterations, modifications and / or variations in constructing the said
Accommodation/Unit, said Building on the said property and / or to the layout plan
and / or to the Building plans (whether or not envisaged and / or constructed at
present), provided that the location and the area / size of the said
Accommodation/Unit agreed to be purchased by the Purchaser is not in any
manner adversely affected. The Purchaser agrees that the said consent is
irrevocable. It is disclosed by the Developer to the Purchaser/s that the amenity
space in the said layout or in the proposed layout shall be developed by the
Developer by getting the construction plans sanctioned from the appropriate
authority and the Unit Purchaser/s consent/s to the same. The Developer shall be
entitled to obtain appropriate additional F.S.I. for construction on the said property.

6. T.D.R. / FUTURE F.S.I. : -

The Developer hereby declares that the Floor Space Index available in respect of the
said property is used only for the said Project and no part of the said Floor Space
Index has been utilized by the Developer elsewhere for any purpose whatsoever.
The residual F.A.R. (F.S.I.) in the said property of the layout not consumed will be
available exclusively to the Developer at all times. The Developer has disclosed to
the Unit Purchaser/s that the part of the F.S.I. shall become available only after
happening of certain events during the construction of the said project and after such
events happened, the Developer shall get the construction plans revised from the
appropriate authority, without disturbing the area and location of the said
accommodation and the Unit Purchaser/s shall give his No Objection without any
delay. The Developer shall also without let, hindrance or objection on any account
from the Unit Purchaser be entitled to avail and utilize the FSI / T.D.R, or any other
benefit if allowed in future anywhere on the said property or in/upon the proposed
building/s. The Developer is entitled to utilize the residual TDR / FSI if any permitted
as per revised D.C. rules & or the Developer is also entitled to put any additional
floors for which adequate arrangement of amenities are already made and for putting
such additional floors, the structural arrangement have already been made & about
the same Purchaser / s has / have got satisfied after seeing the necessary records of
the Developer and have accorded their consent for making further construction over
the building already sanctioned subject to the condition of Purchaser‟s tenement is
not altered or changed.
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7. THE SAID UNITS ARE AGREED TO BE SOLD SUBJECT TO: -

a. Any scheme or reservation affecting the said property or any part or parts
thereof made or to be made by any Authority concerned including the terms
covenants stipulations and conditions contained in the Agreement/s relating to
the said property.
b. Its present user as residential and / or non-residential and / or other permissible
users. Any relevant and necessary covenants as may be stipulated by the
Developer for the more beneficial and optimum use and enjoyment of the said
property (i.e. the said property together with the building thereon) in general and
for the benefit of any class of holders of any Flat/Shop/Office/s and other
Flat/Shop/Office/s as the case may be or any part thereof including the absolute
and irrevocable right of the Developer to exclusively and absolute use and
utilized as above enumerated the benefit of any enhanced FSI / FAR or to
absorb and consume the TDR rights, if any, acquired on any portion/s of the
said property.
c. All rights of water, drainage, water course, light and other easement and quasi
or reputed easements and rights of adjoining land Owner/s and their prospective
members affecting the same and to any liability to repair or contribute to the
repair of roads, ways, passages, sewers, drains, gutters, fences and other like
matters. The Developer shall not be required to show the creation of or define or
apportion any burden.
d. All the covenants and conditions ensuring for the benefit of the said person / s
as contained in the Agreement / s made between them and / or the Developer,
Order of Layout and / or sub-division relating to the said property, Order of
conversion and all terms and conditions stipulated by the Developer in respect
of the common areas and facilities and amenities to be provided for the benefits
of the said property or any part / s thereof.
e. For the aforesaid purpose and all purposes of and incidental thereto, and / or for
the more beneficial and optimum use and enjoyment of the various portions of
the said property and / or any part / s thereof of the Developer in such manner
as may be desired by the Developer, the Developer shall be entitled to grant,
over, upon or in respect of any portion/s of the said property, all such rights,
benefits, privileges, easements etc. including right of way, right of draw from or
connect to all drains, sewers, water, electricity, telephone lines / connections
and/or installations and other service in the said property and/or any part/s
thereof right of use and enjoyment of all amenities and facilities provided and/or
agreed to be provided in the said property and/or any part/s thereof for the more
beneficial and optimum use and enjoyment of the same in such manner as may
be desired by the Developer. The Developer shall, if they so desire, be also at
liberty to form and incorporate one ultimate body hereinafter referred to in
respect of the said property and/or any part/s thereof subject to the same being
 14

permissible by the authorities concerned and the Purchaser/s hereby irrevocably

consent/s to the same. The term ultimate body shall be accordingly construed
wherever such construction is permissible in relation to said term.
f. It being made expressly clear that the ultimate body‟s transfer deed/s in respect
of the said property viz. The said property and/or any part/s thereof with building
thereon shall contain such provision which shall be accordingly framed and the
burden thereof shall run with the land shall be binding upon all the persons who
are the holders of their respective Flat/Shop/Office/s comprised in the said
property as the Developer may reasonably require for giving effect to and/or
enforcing the said restriction covenants and stipulations.
g. It is hereby recorded that the consideration factor arrived at between the parties
hereto under these presents is suitably priced keeping into consideration the
rights and obligations reserved and vested into each and therefore the Unit
Purchaser shall have no right or remedy to defer or deny any obligation imposed
on him since he has availed of the benefit factor of such obligation by reduction
in the consideration hereunder.

8. DECLARATION OF PURCHASER/S : -
The Purchaser/s hereby declare/s that before execution of this Agreement, the
Developer has made full and complete disclosure and the Purchaser/s has/have
taken full and free inspection of, inter-alia, the following:

a) Nature of the title of the Developer to their respective holdings in the said
property along with the relevant Documents.
b) All the plans sanctioned by the Pune Municipal Corporation in respect of the
said building to be constructed on the said property and the specifications of
the said project.
c) Nature and particulars of fixtures, fittings, and amenities to be provided in the
Unit hereby agreed to be sold.
d) The nature of organization of persons to be constituted of all purchasers of
Units in the said project to be known as SAI SQUARE and to which title is to
be passed being one or more Association of Apartment governed by the
provisions of the Maharashtra Apartments Ownership Act 1970 and rules
made thereunder.
e) The fact that after the said Unit has been completed and the Purchaser/s put
in possession thereof, the Purchaser/s shall be obliged to bear and pay the
Municipal / Grampanchayat Property Taxes in respect of the said Unit as may
be assessed and levied by the Planning Authority, any other taxes or
charges, Electricity Charges and Water Charges as may be applicable from
time to time.
 15

The Purchaser/s hereby declare/s that after reading and having understood the
contents of the aforesaid documents and all the disclosures made by the Developer,
the Purchaser/s, with full knowledge thereof, has/have entered into this Agreement.

9. INTEREST ON AMOUNTS DUE: -

The Unit Purchaser / s agree / s to pay to the Developer with interest as prescribed
under the Rules i.e. the State Bank of India Highest marginal cost of lending rate
plus 2 % on all the amounts which become due and payable by the Unit Purchaser /
s to the Developer under the terms of this agreement from the date the said amount
is payable by the Unit Purchaser/s to the Developer. It is specifically agreed that the
Developer shall be entitled to claim interest amount from the Unit Purchaser/s any
time before handing over the possession of the referred Unit to them.

10. TITLE OF BUILDING: -

The name of the buildings under construction are and shall always remain as stated
above and the name of the Association of Apartment formed and the said property
hereditaments and premises together with the building or buildings and other
structure constructed thereon shall bear the name “SAI SQUARE”. The Unit
Purchaser‟s Association of Apartment/Co-operative Society/Limited Company as the
case may be shall not change, alter or modify the said name without the prior written
consent of the Developer at any time. The Unit Purchaser/s shall keep the front side
and rear elevation of the said building or building/s or other structures in which the
said Accommodation/Unit are situated in the same position only as the Developer
construct and shall not at any time alter the position of the said elevation in any
manner whatsoever without the consent in writing of the Developer. If the Unit
Purchaser or any other Unit Purchaser/s of the other premises desire/s to put any
grills or any windows on other places and/or desires to put Air-conditioners, the same
shall be according to the design supplied by the Developer and in such places or in
such manner as may be directed by the Developer.

In the event of the ultimate body being formed and registered before the sale and
disposal of all the Units by the Developer in the said building the power and authority
of the Association so formed or of the Unit holders and the Unit Purchasers of the
other Flat/Shop/Offices in the building shall be subject to the overall authority and
control of the Developer in respect of any of the matters concerning the said
building/s, the construction and completion thereof and all amenities pertaining to the
same and in particular the Developer shall have absolute authority and control as
regards the unsold Units and other premises and the disposal thereof.

The Developer shall be liable to pay only the Grampanchayat Taxes/statutory taxes,
at actual, in respect of the unsold Flat/Shop/Offices and other premises and the
 16

token sum of Rs.11/- (Rs. Eleven Only) per month towards out goings in respect of
the unsold Units. In case of Deed of Declaration is executed in favour of the Ultimate
Body, the disposal by the Developer of all the Flat/Shop/Offices and other premises
in the said building/s, then and in such case the Developer/Member in respect of
such unsold premises and as and when such premises are sold, to the person of the
choice and at the discretion of the Developer (the realizations belonging to the
Developer alone) the Ultimate Body shall admit as members the Purchasers of such
premises without charging any premiums or any other extra payment of whatsoever
nature. The Developer shall not and will not be liable or required to pay any transfer
fees, entrance fees or any fees or charges under any head and also will not be liable
or required to contribute towards the common expenses or maintenance charges or
any amount under any head towards the share in common expenses in respect of
the unsold units other than the token sum of Rs. 11/- per month as mentioned above
and also the allottees of such unit shall be liable to pay maintenance from the date of
allotment and delivery of possession. The Developer shall either form a Apartment
Condominium or Co-operative Society or Private Limited Company of the Unit
Purchaser/s in the building to be constructed by the Developer on the said property
and to convey the said property to such Apartment Condominium / society / Private
Limited Company. The provisions here in above contained in the further clause, for
conveying the said building/s and the said property shall be subject to the provision
of this clause.

11. TERMINATION OF AGREEMENT: -

Time for payment of each installment and other dues in terms hereof is the essence
of the contract. In the event of the Purchaser/s committing default in payment
on due date / stages / schedule of any amount due and payable by the
Purchaser/s to the Developer under this agreement (including his / her / their
proportionate share of taxes levied by concerned local authority and other
outgoings) or on the Purchaser/s committing breach of any of the terms and
conditions herein contained, the Developer shall be entitled at his own option to
terminate this agreement.

Provided always that the power of termination hereinabove contained shall not
be exercised by the Developer unless and until the Developer shall have
given to the Purchaser/s fifteen days prior notice in writing of his intention to
terminate this agreement by Registered Post A.D. at the address given in this
Agreement for service or by e-mail of the specific breach or breaches of terms
and conditions in respect of which it is intended to terminate the agreement
and default shall have been made by the Purchaser/s in remedying such
breach or breaches within the time mentioned in such notice. If Purchaser/s
fail/s to remedy the said breach within 15 days from the receipt of notice, then the
Developer shall be entitled to terminate these presents and shall refund the amount
 17

received till then by the Developer from the Purchaser/s after the deductions of the
administrative charges of amount Rs. 50,000/- and the liquidated damages, if any,
and after deducting the amount paid towards the Stamp Duty, Registration, Legal
Charges and the amount paid towards the taxes such as G.S.T., T.D.S. on all the
amounts. The Developer shall not be liable to pay any interest on such refund
amount. Upon termination of this agreement and refund of aforesaid amount
by the Developer and the Purchaser / s shall execute and register a Cancellation
Deed in favour of the Developer canceling the present Agreement. Further the
Developer shall be at liberty to dispose off and sell the said Accommodation
to such person and at such price as the Developer may in their absolute
discretion think fit after the execution and registration of the Cancellation Deed with
the Purchaser/s.

Without prejudice to the right of the Developer to take action for breach arising out of
delay in payment of the installments on the due dates, the Purchaser/s shall be
bound and liable to pay interest as prescribed under the Rules i.e. the State Bank of
India Highest marginal cost of lending rate plus 2 % with quarterly rests on the
installments which become due and payable by the Purchaser/s to the Developer till
date of actual payment and the Developer may continue with these presents.

Without prejudice to the aforesaid, the Developer may at its absolute discretion
accept payment with interest as mentioned hereinabove on the amounts of
installments in respect whereof a delay / default has been committed by the
Purchaser for the delayed period. However this will not amount to waiver of
any right or authority of the Developer including the right of the Developer to
terminate the agreement and forfeit the earnest money nor will the same
amount to waiver of specific condition that payment on time is the essence of
the contract.

12. POSSESSION OF UNIT: -

The Developer shall give possession of the said Unit to the Unit Purchaser/s on or
before --/--/201—after receiving all the dues payable by the Unit Purchaser/s, to the
Developer, if any. However, Unit Purchaser/s will not be entitled to claim or get the
possession of his/her/their Unit till he/she/they rectify breach, if any, of any of the
terms presents. The unit purchaser shall take the possession within 15 days or any
additional period of days as may be allowed by the Developer from the date of
intimation from the Developer that the said unit is ready for occupation, failing which
the unit purchaser shall be liable to pay Rs. ___/- per sq.ft. per month towards the
maintenance of the said unit. In pursuance of these presents if the Developer fail or
neglect to give possession of the Unit to the Unit Purchaser/s on account of reasons
beyond their and/or their agents control as per the provisions of section 8 of
Maharashtra Ownership Flat Act, and provisions of Real Estate (Regulations and
 18

Development) Act, then Purchaser/s shall have right to terminate this Agreement and
the Developer shall be liable on demand to refund to the Purchaser the amount
received by them in respect of the Unit along with interest as prescribed under the
Rules i.e. the State Bank of India Highest marginal cost of lending rate plus 2 %
from the date the Developer has received the sum till the date the amount and
interest is repaid. If the Unit Purchaser/s does/do not intent to withdraw from the
project then the Developer shall pay the interest as specified in the rule on all the
amounts paid by the Unit Purchaser/s every month of delay, till the handing over the
possession. The Purchaser shall take possession of the said Premises within
fifteen days of the Developer giving written notice to the Purchaser intimating
the said Premises is ready for use and occupation, failing which the
Flat/Shop/Office Purchaser shall be liable to pay Rs. _____/- per sq. ft. per month
towards the maintenance of the said Accommodation/Unit.

Provided that the Developer shall be entitled to reasonable extension of time for
giving possession of said Unit on the aforesaid date, if the completion of building in
which the Unit is to be situated is delayed on account of:

(i) War, civil commotion or local riots, heavy rain fall, fire, or act of God.
(ii) Any notice, order, rules, notification of the Government and / or public or Competent
Authority including the authorities under the Urban Land (Ceiling and Regulation)
Act, 1976, Collector, or any disputes or matters relating to the property pending final
determination by the courts or any other authorities.
(iii) Changes in any rules, regulations and bye-laws of various statutory bodies and
authorities from time to time then affecting the development and the project.
(iv) Delay in grant of any NOC / permission / license / connection / installation of any
services such as lifts, electricity & water connections and meters to the scheme /
Flat/Shop/Office, Road NOC or Completion Certificate from appropriate Authority.
(v) Delay or default in payment of dues by the Unit Purchaser under these presents.
(Without prejudice to the right of Developer to terminate this agreement)
(vi) Pendency of any litigation.
(vii) Any act beyond control of the Developer.

13. USE OF FLAT/SHOP/OFFICE / PARKING: -

That the Unit Purchaser / s shall use the Unit or any part thereof or permit the same
to be used only for purpose allowed as per plan sanctioned by the local authority. He
/she/they shall use the parking space only for purpose of keeping or parking his /
her/their own vehicle and shall only park his/her/their vehicle in the specific parking
space attached to him / her/them and shall not disturb the parking facilities attached
to the other Unit Purchasers or claim any rights on the un-attached parking spaces.
The Purchaser/s is/are hereby prohibited from raising in the matter of attachment of
 19

accommodation /car parking etc. by the Developer on the ground of nuisance,

annoyance or inconvenience for any profession, trade or business etc. that has been
or will be permitted by law or by local authority in the concerned locality.

14. FORMATION OF APARTMENT CONDOMINIUM : -

The Unit Purchaser/s along with other Purchaser/s of the Unit/s shall join in forming
and registering Apartment Condominium and for becoming a member including the
bye-laws of the proposed Apartment Condominium and duly filled in, sign and return
to the Developer within 8 days of the same being forwarded by the Developer to the
Unit Purchaser/s so as to enable the Developer to register the said organization of
the purchaser/s under section 10 of the said Act and the time limit prescribed by the
Rule 8 of the Maharashtra Ownership Flats (Regulation of the Developer of
Construction, Sale, Management and Transfer) Rules 1964 shall not be applicable
since these presents provide for the time limit. No objection shall be taken by the
Unit Purchaser/s if any changes or modification are made in the draft, Byelaws or the
Memorandum and / or Article of Associations as may be required by the Competent
Authority. The Developer shall have the right and discretion to form Association of
Apartments of all tenement holders in the building under name and style “SAI
SQUARE APARTMENTS / SAI SQUARE CONDOMINIUM” of all Tenement
holders in the building as aforesaid and the Purchaser/s herein undertake to become
the member of the aforesaid association of apartments and further abide its all rules
and regulations and bye-laws., sign and execute the application for registration and
or membership and other papers of the documents necessary for the registration and
complete the formalities required for that. The Developer shall, may in his discretion,
form Association of Apartment or Co-operative Society or Limited Company in
respect of the building constructed on the said property. The decision taken by the
Developer shall be final and binding on the unit purchaser/s. The charges of
formation, registration, legal expenses, handing over, Apartment Condominium are
included into consideration of Flat/Shop/Office.

15. CONVEYANCE IN FAVOUR OF APARTMENT CONDOMINIUM: -

Unless prevented by circumstances beyond the control of the Developer it is agreed
that Apartment Condominium of unit purchasers will be formed and registered and
the said property and the building thereon will be conveyed to such Apartment
Condominium or its members within three months from and after (i) the receipt of
occupation / Completion Certificate from the appropriate authority on Completion of
construction of all the buildings and utilization of entire FSI and TDR permissible to
be utilized in the said project on the said property and by completing construction on
the said property as per Development control Rules (whether previously got
sanctioned or not) and the Unit Purchaser/s shall not withhold his/her/their consent
without any reasonable cause for such revision of construction / layout plans, (ii)
Sale of all units in scheme, (iii) Acceptance of the draft of Deed of Declaration/Deed
 20

of Apartment by Developer and Apartment Condominium by their mutual consent

and (iv) After payment of all the dues, amounts and considerations including stamp
duty, etc. by all the members Apartment Condominium of all the unit purchasers
(whichever is later).

16 PROJECT / BUILDING MAINTENANCE:

Commencing a week after notice in writing is given by the Developer to the
Purchaser that the said accommodation/unit is ready for use and occupation the
Purchaser shall be liable to bear and pay the maintenance charge of Rs. ____/- per
sq.ft per month to the Developer for the share of outgoings in respect of the said
property and building/s namely maintenance of for/of, 1) Towards maintenance and
repairs of common areas and facilities, 2) Wages of Watchmen, Sweepers, 3)
Revenue Assessment, 4) All other taxes, levies, charges and ceases, 5) Electricity
bills, maintenance & deposit charges in respect of common area electricity, water
pumps, Fire equipment, installations and bills 6) Expenses of and incidental to the
management and maintenance of the said project known as “SAI SQUARE”, 7)
Remuneration paid to an Estate Manager appointed to supervise the management
and upkeep of the said project till such management and control is handed over to
the Ultimate Body formed of the purchaser/s of Units in the said project, 8) All costs,
charges and expenses to procure water for the requirement of the holders/occupants
of Flat/Shop/Offices/ Units in the said Project through water tanker agencies and
other sources. 9) Repair & replacement of machinery, electrical items, water pumps,
lifts, tiles or any spare parts of the common area machinery. 10) All expenditure done
for the repair & replacement of infrastructure / machinery or man power being used
by the residents commonly for their daily convenience and usage. 11) The Developer
has the sole discretion to run the maintenance on its own or give the contract to an
agency. Payment to such maintenance Agency will be borne from Maintenance
charges so collected. Misc. Charges and it excludes following items Property Taxes
and other Local Authorities / Municipal Taxes concerned with the individual Unit
holders and Building, Insurances or Sinking Funds concerned with the individual Unit
holders and Building, Personal Water Charges / Bills and personal MSEDCL Bills,
Internal Flat/Shop/Office Maintenance. On or before taking possession of the said
Unit, the Purchaser/s shall be obliged to make payment to the Developer an amount
of Rs. ……../- (Rupees ………………. only) plus GST at actual as per the law for
the said Unit towards the pro-rata share of the Purchaser/s for a period of Twenty
Four Months commencing at the time of the Purchaser/s is / or called upon to take
the possession of the said Unit in the outgoings and expenses of the Common Areas
and Facilities of the said project. If any government taxes/charges are levied after
completion, the same will be paid out of maintenance charges like Environmental
Clearance renewal, property tax and any other as applicable as per rules and
regulations. It is hereby clarified that the said pro-rata contribution of the Purchaser/s
in the outgoings and expenses of the Common Areas and Facilities of the said
 21

project being found to be insufficient even within / before the end of Twenty Four
months as mentioned herein above, the Purchaser/s shall be obliged to make up /
pay the shortfall as and when called upon by the Developer to do so. It is agreed by
and between parties hereto the above mentioned amenities shall be completed by
the Developer s simultaneously with completion of the whole of the project.

The abovementioned facilities and amenities are provided by the Developer for the
use and enjoyment of the unit purchasers and as such any untoward incident and/or
accident takes place or occurs, the Developer shall not be responsible for the same.

The Project / Building will be maintained by the Developer for the tenure of 2 years
from the date of first 5 possessions of the particular building/building/s and the
expenses occurred in this respect are Non Accountable & Non Refundable.

After the formation of the Apartment Condominium of Unit Purchasers all the
permissions in respect of Lifts, water and in respect of all the amenities provided by
the Developer which requires renewal of permissions from the central government,
state government, local authorities, Maharashtra Pollution Control Board and
permissions from fire department shall be renewed by the said Apartment
Condominium at its own costs and the said facilities and formalities shall be
maintained by the said Apartment Condominium and its own expense.

17. CHANGE IN THE NAME OF PROJECT, BUILDING OR ELEVATIONS ETC.: -

The Name of the project and building shall be “SAI SQUARE” and this name shall
hereinafter remain irrevocable by the Unit Purchaser/s and this name shall not be
changed without the prior consent of the Builder & Promoter/Developer. That the
elevation of the proposed buildings shall remain the same and shall not be liable to
be modified, altered or changed by the Unit Purchaser/s and the colour combination
of the exterior portion shall always remain the same. The Unit Purchaser/s, in case of
fixing grills, safety door, air-conditioners shall comply with the unique designs,
colours and projections etc. decided by the Developer and the same is to be affixed
at the conspicuous place as may be directed by the Developer.

18. STAMP DUTY & REGISTRATION CHARGES: -

At the time of registration the Unit Purchaser/s shall pay to the Developer the Unit
Purchaser / s share of stamp duty and registration charges payable, on the
Agreement, Conveyance or lease or any documents or instrument of transfer in
respect of the said property and the Apartment Deed to be executed in favour of the
“M/S. SAIESHWAR PROJECTSS” and shall alone be held responsible for any
difference in stamp duty / ies, penalties, if any on the count of Registration of this
Agreement & on final Conveyance as the case may be.
 22

19. MSEDCL CHARGES: -

The MSEDCL Charges is included in the Total amount of the Flat/Shop/Office. This
amount is subject to increase by virtue of change made by State or Local Authority
as the case may be before possession.

20. SPECIAL RIGHT OF THE DEVELOPER: -

The terrace or terraces, if any, adjoining with the units constructed on the said
property along with the covered parkings which are under stilt, podium and any
parking which is covered legally by whatever means shall be allotted by the
Developer to the respective Unit Purchaser/s. The Developer shall be entitled to put
up sign boards, hoardings or any other type of display on the said property at the
conspicuous places for the advertisement of the project. The Agreement with the
Unit Purchaser/s and other Purchasers of the accommodation/unit in the said
buildings and other structures shall be subject to the aforesaid rights of the
Developer or his nominees or assigns who shall be entitled to use the said terrace or
terraces and the Unit Purchaser/s shall not be entitled to raise any objection or to
any change in the price of the said Accommodation/Unit agreed by the Unit
Purchaser / s or to any compensation or damages on the ground of inconvenience or
any other grounds whatsoever. It is hereby further agreed that the Developer shall be
entitled to either nominate any other person to obtain the benefit or the rights given
and / or reserve in favour of the Developer under this clause or to assign the right
and benefit hereby given to any other persons, such nominees or assigns shall be
admitted as member of the „SAI SQUARE” of unit purchasers in the same manner
as the Developer admits the purchaser of the premises as its members in pursuance
of the provisions hereinafter contained. It is further agreed by and between the
parties that if the permitted floor space index or density is not consumed in the
building being put up and / or at any time further construction or additional F.S.I. /
T.D.R. is made available due to change or modifications in D.C. Rules on the said
property is allowed the Developer shall always have the right to put additional storey
and / or consume the balance / additional floor space index in any manner, the
Developer may deem fit and in case of area under road widening, F.S.I. is available
or any other F.S.I. / T.D.R. that may be allowed to the Developer either from the said
property or the adjacent property of the Developer then the same is to be utilized by
the Developer in the same building and the Unit Purchaser/s shall not withhold his
consent without any reasonable cause.

21. IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS

FOLLOWS:

a). The Developer shall be entitled to transfer, assign, attach, dispose off and / or sell in
any manner as they deem proper the said open spaces, adjacent terraces, and other
 23

specified and unspecified spaces to anybody on the terms and conditions mentioned
in the proceeding clause/s. The Unit Purchaser/s along with the other Purchaser/s or
Purchaser/s of whatsoever kind in respect of the rights, title, interest of the Developer
and/or its nominees or assigns in respect of matter mentioned in the proceedings
clause/s hereby gives their consent to the same.

b). The Developer shall became member of the Apartment Condominium, if the
Developer transfers, assigns and disposes off unattached covered car parking,
terrace or other specified or unspecified spaces at any time to anybody the
assignees, transferee and / or the Purchaser / s thereof shall be admitted as
member/s of the Apartment Condominium. The other Unit Purchaser / s will have no
right to raise any objection to admit such assignee or transferee or allottee or
Purchaser/s as member of Apartment Condominium.

c). IT IS ALSO UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES

HERETO that the Unit Purchaser shall be entitled to erect TV antennas only at such
places as the Developer shall allow. Dish Antenna shall specifically not be erected
without the prior written consent of the Developer. The Unit Purchaser shall not have
any grievances as regards the facilities which can only be completed after all the
buildings in the scheme are duly constructed. All unattached terraces / parking
spaces or open gardens / spaces / areas etc. shall remain exclusively owned by the
Developer unless specifically attached to any Unit Purchaser and the Unit Purchaser
shall not object and obstruct to the Developer for attaching or using the same in any
manner as they may deem fit. In case of exclusive open space / terrace / garden
area / parking space rights agreed to be attached to any particular Unit Purchaser
physical attachment thereof will be made only along with the agreed Unit to the Unit
Purchaser/s attached thereof.

d). The Developer has reserved the right to change and alter the building plan, the
elevation, the amenities, the facilities at their sole discretion, provided however if
there is any major change or changes on account of such revision of plan in the Unit
of the Unit Purchaser, the same shall be communicated to the Unit Purchaser. The
revision/modification/ changes in respect of such additions / alterations etc. shall be
binding on the Unit Purchaser and the Unit Purchaser shall not be entitled to claim
any damages or compensation from the Developer.

e). The top terraces on the buildings shall always the common for all the Unit Holders
but the Developer right and authority to depute its representative to go to the terrace
for the regular check up and upkeep, maintenance and for repairing the water
storage tanks and lifts, T.V. / Dish Antenna etc. at all reasonable time.
 24

f) The Developers shall be entitled to connect the drainage / water line of the said
building which shall pass through the said property and the Unit Purchaser/s shall
have no objection for the same.

G) The Unit Purchaser/s is/are aware and has/have agreed that the Developers
shall be entitled to sell, transfer, assign the said construction on the said property in
favour of any third party / parties and shall be entitled to accept the consideration
thereof.

22 COVENANT AS TO THE USE AND MAINTENANCE OF SAID UNIT BY THE UNIT

PURCHASER/S: -
The Unit Purchaser/s himself/herself/themselves with intention to bring all persons
into whosoever hands the said Unit may come, do hereby covenant with the
Developer as follows for the said Unit and also for the building in which the said Unit
is situated:

a) To maintain the said Unit by the Unit Purchaser/s at their own cost & keep the same
in good tenantable repair and condition from the date of possession of the
Flat/Shop/Office / garage / parking place is taken and shall not do or cause to be
done anything in or to the building in which the Flat/Shop/Office is situated, staircase
or any passage which may be against the rules, regulations or bye-laws or
concerned local or any other authority or change / alter or make addition in the Unit
itself and / or the building in which the Unit is situated or any part thereof.

b) Not to store in / outside the said Unit / building / surrounding area any goods which
are of hazardous, combustible or dangerous nature or are so heavy as to damage
the construction or structure of the building in which the unit is situated or storing of
which goods is objected to by the concerned local or other authority and shall not
carry or cause to be carried heavy packages to upper floors, which may damage or
likely to damage the staircase, common passage or any other structure of the
building and in case any damage is caused to the building or the Unit in account of
negligence or default of the Unit Purchaser / s in their behalf, the Unit Purchaser / s
shall be liable for the consequences of the Breach.

c) To carry at his / her / their own costs all internal repairs to the said unit and maintain
the said Unit in the same conditions, state or order in which it was delivered by the
Developer to the Unit Purchaser / s and shall not do or cause to be done anything in
or to the building in which the Unit is situated or the Unit itself which may be contrary
to the given rules & regulations and bye-laws of the concerned local authority or
other public authority. And in the event of the Unit Purchaser / s committing any act
in contravention of the above provision, the Unit Purchaser / s shall be responsible
 25

and liable for the consequence thereof to the concerned local authority and / or other
public authority.

d) Not to demolish or cause to demolished the Unit or any part thereof, not at any time
make or cause to be made any addition or alteration of whatsoever nature in or to
the said Unit or any part thereof, or in or to the building in which said Unit is situated
and not to make any alteration in the elevation and outside colour scheme of the
building in which the Unit / s is situated and shall keep the portion, sewers, drains,
pipes in the Unit/s and appurtenances thereto in good tenantable repair and
condition, and in particular, so as to support the shelter and protect the other parts of
the building and shall not chisel or in any other manner damage the columns, beams,
walls, slabs or RCC, paradise other structural members in the said Unit without the
prior written permission of the Developer and / or from the managing Committee of
the “SAI SQUARE” as the case may be.

e) Not to do or permit to be done any act or thing which may render void or voidable
any insurance of the said property and building or any part thereof or whereby any
increase premium shall become payable in respect of the insurance.

f) Not to hang clothes at the conspicuous places of the building, not to throw dirt,
rubbish, rags, garbage or other refuse or permit the same to be thrown from the said
Unit etc. in the compound or any portion of the said property and the building in
which the Unit / s are situated.
g) To install the Cooling Units/ Compressors of “Split Type” Air Conditioners
appurtenant to the said Unit only at such places as shall be prescribed therefor by
the Developer s.
h) Not to lay/ install over the exterior of the said Building or the Common Areas thereof
such as staircases, landings and ducts thereof, grills, chimney, neon signboards or
electronic board/s any Electrical, Telecom Lines or Conduits. The Purchaser/s will
not affix a grill outside the main door or at any location therein which such grill will be
visible from the exterior of the said Accommodation/Unit or the said building without
taking the prior written permission of the Developer / Ultimate body.
i) Not to install any Dish or other Antennae for reception of Radio, Telecom or
Television Signals in such manner in the said Unit whereby such Dish or other
Antennae projects outside the said Unit or on any part of the exterior of the said
Building or any of the Common Areas thereof, including on the terrace thereof
without the prior written permission of the Developer s and/or the apartment
condominium.
j) To bear and pay all local taxes, water charges, insurance and such other levies, if
any, and any increase as applicable, which are imposed by the concerned local
authority and / or Govt. or other public authority, on account of change of user of the
 26

Unit by the Unit Purchaser/s viz user for any purpose other than for the purpose
allowed.

k) The Unit Purchaser / s shall not let, sub-let, transfer, assign or part with other
Purchaser / s interest or benefit factor of this Agreement or part with the possession
of the Unit / s until all the dues payable by the Unit Purchaser / s to the Developer
under this agreement are fully paid up and only if the Unit Purchaser / s has not been
guilty of breach of or non-observance of any of the terms and conditions of this
Agreement and until they have intimated in writing to the Developer and obtain their
written consent
l) The Unit Purchaser / s shall permit the Developer and their surveyors and agents
with or without workmen and others, at all reasonable items, to enter into and upon
the said Unit and the said property and buildings or any part thereof to view and
examine the state and condition thereof.

m) Any obstruction, objection, nuisance etc, created or caused by the Unit Purchaser
shall forth will be removed as asked for by the Builder & Developer / by the body
members thereof suffering inconvenience on account of such cause.

n) The Unit Purchaser/s shall not complain that any nuisance is being caused to him /
her / them by reason of the fact that the Developer are carrying out the construction
in respect of the Unit / Building / s and Structures nor shall he / she / they be entitled
to complain about any loss of light and air or any other facilities on account of any
construction by the Developer or his nominee / s.

o) The covenants contained in this agreement to be performed on the part of the Unit
Purchaser/s is / are enforceable not only against him / her / them but in case of his /
her / their legal representative and against his / her / their estate. However the
covenants contained in this agreement to be performed on the part of the Developer
are personal and shall be enforceable only against the Developer, and only by the
Unit Purchaser/s and no other person.

p) The Unit Purchaser/s shall not decorate the exterior of his / her / their premises
otherwise than in the manner agreed to by the Developer or in the manner as near
as may in which the same as previously decorated nor will the Unit Purchaser/s hang
out clothes, enclose balconies, paint walls, put planters or do such exterior
treatments so as to change the elevation of the Building.

q) The Unit Purchaser/s shall not demand to be compensate for any loss, damage
caused by fire, riot, shrikes, earthquakes, fluctuations in the temperatures, abnormal
heavy rains or due to any other cause whatsoever after handing over possession of
the Unit to the Unit Purchaser.
 27

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

23. INTIMATION FOR OCCUPATION AND DEFECT LIABILITY: -

The Unit Purchaser/s shall take the possession of the said Unit within 15 days of the
Developer giving written notice to the Unit Purchaser/s intimating that the said Unit is
ready for use and occupation. The possession will be given only after clearing Total
cost of said Unit / accommodation, Other Charges, Extra Work Charges, if any,
Interest on due amounts, delayed and unpaid installments, etc. The Unit Purchaser/s
shall obtain the Possession Letter from the Developer otherwise without the
Possession Letter; Possession of the said accommodation will be treated as illegal.
After the possession of the said accommodation / building handed over, if any kind of
work required to be carried out the same shall be carried out by the Unit Purchaser/s
in co-operation with the other Unit Purchaser/s of the said building at their own costs
and the Developer shall not be in any manner liable or responsible for the same.
Provided that if within a period of five years from the date fixed for handing
over the said accommodation or after handing over the possession to the
Purchaser, the Purchaser/s bring/s to the notice of the Developer any
structural defect in the said accommodation or the building in which the said
accommodation is situated or the defective use of material therein, then,
wherever possible such structural defects shall be rectified by the Developer at
their own cost. That the Unit Purchaser/s has/ have been made aware and that the
Unit Purchaser/s expressly agree/s that the regular wear and tear of the unit/
building/wing includes minor hairline cracks on the external and internal walls
excluding the RCC structure which happens due to variation in temperature of more
than 20*C and which do not amount to structural defects and hence cannot be
attributed to either bad workmanship or structural defect. The Developer shall not be
liable to rectify any defects or for any structural defects which are additional carried
out in the said accommodation by the Purchaser/s on his / her / their own wish and
expenses. In case of sanitary fittings and the fitted items in the said unit which have
been manufactured by other manufacturers shall bear their respective warranties
given by the manufacturer and the said manufacturer shall be liable directly for the
 28

said warranty period and the Developer shall not be liable for the same. The
structural defect liability means the RCC structure and slabs but will not include the
outer plaster, inner plaster, paints, tiles, other fixtures and fittings provided in the
Bathroom and W.C. etc..

24. NO GRANT TILL DECLARATION OF APARTMENT: -

Nothing contained in this Agreement is intended to be nor shall be construed as a
grant, demise or assignment in law of the said Unit or of the said property. The Unit
Purchaser / s shall have no claim save and except in respect of the said Unit hereby
agreed to be sold to him/her/ them and subject to restrictions as imposed on the Unit
Purchaser by virtue of the said Declaration of Apartment but shall be entitled to all
common amenities & facilities as stated therein.

25. FORBEARANCE NOT TO BE CONSTRUED AS WAIVER: -

Any delay tolerated or indulgence shown by the Developer in enforcing the terms of
this Agreement or any forbearance or giving of time to the Unit Purchaser/s by the
Developer shall not be construed as waiver on the part of the Developer of any
breach or non-compliance of any of the terms & conditions of this Agreement by the
Unit Purchaser/s nor shall the same in any manner prejudice the rights of the
Developer.

26. REGISTRATION OF AGREEMENT AND CONVEYANCE: -

The Unit Purchaser/s and/or the Developer shall present this Agreement as well as
the Deed of Declaration at the proper registration for the registration within the time
limit prescribed by the Registration Act and the Developer will attend such office and
admit execution thereof on receiving the written intimation with copy of registration
receipt from the purchaser/s herein.

27. UNIT PURCHASER/S ADDRESS FOR SERVICE OF NOTICE: -

All notices to be served on the Unit Purchaser/s as contemplated by this agreement
shall be deemed to have been duly served if sent to the Unit Purchaser/s by Under
Certificate of Posting / Courier / Registered Post / Ordinary Post at his/her/their
address/es specified in the title of this agreement or at the address intimated in
writing by the Unit Purchaser / s after execution of this agreement. In case there are
two or more Unit Purchaser/s then the notice sent to Unit Purchaser No. 1 shall be
treated as notice sent to all the Unit Purchasers.

28. USE OF TERRACE: -

IT IS ALSO UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES
hereto that the terrace space in front of or adjacent to the terrace Flat/Shop/Offices in
the said building, if any, shall belong exclusively to the respective Unit Purchaser / s
of the Terrace Flat/Shop/Office and such terrace spaces are intended for the
 29

exclusive use of the respective Unit Purchaser / s of the Terrace Flat/Shop/Offices.

The said terrace shall not be enclosed by the Unit Purchaser / s till permission in
writing is obtained from the Pune Municipal Corporation / PMRDA Authorities and the
Developer.

It is hereby agreed that the areas mentioned in Schedule III written hereunder under
the head of common facilities only shall be the common areas facilities and the
Developer shall be entitled to declare all other areas as restricted or reserved areas
and facilities or to alienate and dispose off other areas and facilities in such manner
as the Developer thinks fit. The open space if any in the said project shall be
developed by the Developer as per the Rules and Bye-laws and the Developer shall
be entitled to sell the units therein to any Third Party at any consideration as he
deems fit and the Unit Purchaser/s shall not have any concern with it. The amenities
and facilities mentioned herein shall be completed simultaneously with the
completion of the project.

If common TV antenna is not provided then unit purchaser/s shall be entitled to erect
TV antenna (not dish antenna) on the terrace on top of the building at the place
convenient and suitable for the said other unit purchaser/s.

29. M.A.O. ACT AND RERA: -

This Agreement shall always be subject to the provisions of the Maharashtra
Apartment Ownership Act, 1970 (Mah. Act No. XV of 1971) , provisions of
Maharashtra Ownership Flats (Regulation of the Promotion Of Construction, Sale,
Management and Transfer) Act, 1963 and The Provisions of Real Estate
(Regulations and Development) Act, 2016 and the rules made there under / and
amendments made thereto up to date.

30. PAYMENT OF G.S.T. & OTHER TAXES: -

Despite the declaration herein above, if any tax in the nature provided hereunder is
imposed then the Unit Purchaser/s shall separately pay the GST, Betterment and
Development Charges or any other tax or out goings charges payable if any levied
by the State or Central Govt. or any other authority at present or in future in respect
of the sale and / or transfer of the said Accommodation/Unit as per this Agreement.
Such payment shall be effected within 7 days of demand, and the Unit Purchaser/s
shall exclusively be liable for any delay in payment thereof. In case the Developer is
required to pay the same for any reason whatsoever, the Unit Purchaser/s shall
immediately reimburse the said payment to the Developer as per their demand. The
Purchaser shall keep the Developer indemnified from all such liabilities. The
Purchasers has/have hereby agreed to execute separate Indemnity Bond/s for this
purpose, before taking possession of the said unit. Despite the declaration herein
above, if any tax in the nature provided hereunder is imposed then the
 30

Flat/Shop/Office purchaser/s hereby agree/s that in the event of any amount by way
of tax, Premium betterment charges, value added tax or services tax or development
or tax or Educational cess or any other tax or payment of a similar nature becoming
payable to the local authority or to the state and / or central Govt. or any authority, on
the purchase, development / construction of the said property and / or sale of the
Flat/Shop/Office, etc. and / or any of the incidents of this transfer of property in good
involved in works contraction, etc. by the Developer either before or delivery of
possession of the said Accommodation/Unit the same shall be paid by the purchaser
in advanced to the Developer, as and when charged and demanded by the
Developer. The Developer shall not be liable to pay the same. If purchaser/s fail/s to
pay the amount within seven days from demanded then Flat/Shop/Office purchaser/s
shall be liable to pay interest @ 24% p.a. until the payment is made. Also in the said
event there shall be a charge of the amount due on the said Accommodation/Unit
and income there from and till payment of said dues purchaser/s shall not be entitled
assign, shall or transfer the said Accommodation/Unit in any manner. It is understood
that interest shall not cover the damages/losses that will be suffered by the
Developer due to non-payment. Therefore, purchaser/s shall be further liable to pay
damages and losses that will be suffered by the Developer due to non-payment and
the purchaser/s shall keep the Developer harmless and indemnified there from. The
Flat/Shop/Office purchaser/s has/have hereby agreed to execute separate Indemnity
Bond/s for this purpose, before taking possession of the said Accommodation/Unit.
In case of dispute regarding above the same shall be referred to a single arbitrator to
be appointed by the Developer. The Arbitrator shall dispense with oral evidence, give
only one date for hearing both parties which will be informed to the parties on the
address given below (and deemed as valid communication) and arbitrator shall give
award maximum within 30 days from accepting the appointment. The award given as
above shall be final and binding on both parties.

31. RESTRICTED AREA, TERRACE, DUCT AREA, PARKING & OPEN SPACE: -
The Terrace, Duct and / or Parking space and / or open space specifically attached
to the particular Unit holder shall exclusively be used by the concerned Unit holder
and the same shall be a restricted area for other Unit holder subject to the entry for
maintenance of building, drainage, water line and or for any service or amenities and
this entry will not be obstructed by the Unit holders on the pretext of any reason or
reasonable cause.

32. SET BACK COMPENSATION: -

The Developer alone shall be entitled to claim and receive compensation for any
portion of the land / building / s that may be notified for setback and claim the FSI /
benefits & compensation available for areas under reservation for community center,
D. P. Roads prior to the Deed of Declaration in favour of the proposed Association.
 31

33. CHANGE IN AREA OR ADDITIONS: -

If there is any change in walls, site plans or room or portion of Unit etc., required to
be made before handing over possession by the Developer to the Purchaser, due to
peculiar site conditions or as per the direction of the Pune Municipal Corporation /
PMRDA or any other State, Central or Local authority or on account of utilizing the
remaining or additional FSI if any or if the Developer may so deem necessary and
convenient, the Developer shall have an absolute right to effect the said changes for
which the Purchaser shall not withhold his/her/ their consent in such an event. The
Developer shall confirm the final carpet area that has been allotted to the
Purchaser/s after the construction of the Building is complete and the occupancy
certificate is granted by the competent authority, by furnishing details of the changes,
if any, in the carpet area, subject to a variation cap of five percent. The total price
payable for the carpet area shall be recalculated upon confirmation by the
Developer. If there is any reduction in the carpet area within the defined limit then
Developer shall refund the excess money paid by Purchaser/s within forty-five days
with the interest at the rate specified in the Rules, from the date when such an
excess amount was paid by the Purchaser/s. If there is any increase in the carpet
area allotted to Purchaser/s, the Developer shall demand additional amount from the
Purchaser/s as per the next milestone of the Payment Plan. All these monetary
adjustments shall be made at the same rate per square meter as agreed
hereinabove. The Purchaser shall allow the dry duct to be opened with a view to
clean the same.

34. REVISION OF APPROVED PLANS: -

The Unit Purchaser shall not object to the Developer for making changes in and
revising the layout (including roads / common amenities / open spaces if any
etc.),add or delete floors, plans, designs, specifications and amenities including the
plans of the building for any number of times as per the requirements of the
Developer due to additional FSI available or otherwise and for completing the
development as per the Developer discretion and shall give his / her/ their consent to
such revision of plans, if it does not affect the said accommodation in any manner, if
needed by the Developer. By executing these presents and with understanding the
implications thereof, the Unit Purchaser hereby irrevocably consents and authorizes
the Developer to do so. However the Developer shall obtain prior consent in writing
of the Unit Purchaser if such alterations / modifications adversely and materially
affect the construction and internal layout of the Unit Purchaser‟s Unit. The Unit
Purchaser shall have no right to withhold or refuse such permissions without any
reasonable and justifiable ground and shall give such permissions as and when
required by the Developer herein. And whereas the Unit Purchaser agrees that the
Developer is entitled to acquire TDR and use the FSI of the same, if allowed in
future, in the building/s complex to be constructed or existing building/s and deal with
and dispose off the same for its benefits. The Unit Purchaser further agrees that for
 32

the said purpose the Developer is entitled to amend, to alter and to modify the
building/s plans with or without modifications as and when Developer feels
necessary and Unit Purchaser gives her/their/his consent for the same. The
utilization of T.D.R. / paid F.S.I. / additional F.S.I. when sanctioned and constructing
structures by using T.D.R. / paid F.S.I. / additional F.S.I. shall be the part of the
project.

35. RIGHT OF ATTACHMENT OF CAR PARKING/GARAGES/OPEN TERRACES:-

The Developer has right to attach all the car parkings / garages / adjoining terraces /
open spaces to any of the units situated in the building/s to be constructed in the said
Project. The said car parkings shall be under stilt and the Unit Purchaser/s shall not
be entitled to object to the said attachment of Car parkings / garages/ open spaces /
open terraces to any of the units. The Developer may attach open car parkings
within side margin to any unit purchaser/s in the project. The allotment of open
parking shall be subject to the approval of the proposed Ultimate body of the Unit
Purchasers and the Developer shall not be responsible for the same.

36. EASEMENT RIGHTS: -

The Unit Purchaser/s shall always allow the Pune Municipal Corporation / PMRDA
Authorities or any other concerned authority for the purpose of drainage, water,
health, MSEDCL etc. and shall have no claim save and except in respect thereof. All
such easement rights are presumed to be given to Pune Municipal Corporation /
PMRDA Authority and other local authorities by the Developer. As also the Unit
Purchaser / s shall not object to the Developer putting a slab on them for making
access to the adjacent lands or for granting the access.

37. ARBITRATION: -
In case of any dispute between the Developer and the Unit Purchaser / s regarding
interpretation of any of the terms of this agreement or regarding any aspect of the
transaction including quality of construction work, defective service by the Developer,
delay in construction work and or sale deed, alteration in the plan, parking
arrangements, grant of exclusive uses, rendering of account etc, then such dispute
shall be referred to the arbitration of CREDAI Pune Metro who shall be sole
arbitrator. The Unit Purchaser/s shall give notice of minimum period of 30 days to the
Developer in case of any such dispute before invoking the Arbitration Clause. If
reference of dispute to the CREDAI is held as not correct or legal by any Court or
authority then the dispute shall be referred to the three arbitrators, one to be
appointed by each party and third arbitrator shall be appointed by such two
arbitrators and decision given by majority by arbitrators shall be final and binding on
all the parties.
 33

38. CONSENT TO REPRESENT: -

The Unit Purchaser / s hereby irrevocably consents / authorizes the Developer to
represent him / her / them in all matters regarding property tax assessment and
reassessment before the Pune Municipal Corporation / PMRDA Authorities and
decisions taken by the Developer in this regard shall be binding on the Unit
Purchaser. The Developer may till the execution of the Deed of Declaration
represent the Unit Purchaser and his / her interest give Corporations, Collectors,
Road, Water, Buildings Tax Assessment Department, Government and semi
Government Departments, MSEDCL, ULC Officials etc. on behalf of the Unit
Purchaser / s shall stand reified and confirmed by the Unit Purchaser / s.

39. CONSTRUCTION: -
The Promoter is constructing multi storied building consisting many commercial/
residential tenements on the said property. The Promoters herein has decided to
form an Association of Apartments under name and style “SAI SQUARE
APARTMENTS / SAI SQUARE CONDOMINIUM” of all Accommodations holders in
the said building which is under construction on the said property and adjacent
properties. The Unit Purchaser/s consents and authorizes the Developer to utilities
and take connections from water, electricity, sewage or drainage lines and other
convenience in the said building as and when they require to do so for carrying on
further development.

40. POSSESSION OF SAID UNIT :-

The Developer shall give Possession of the said unit to the Purchaser/s after clearing
Total cost of Unit, Other Charges, Extra Work Charges, if any, Interest on due
amounts delayed and unpaid installments, etc. The Unit Purchaser/s shall obtain the
Possession Letter from the Developer otherwise without the Possession Letter,
Possession will be treated as illegal.

41. RIGHT OF THE DEVELOPER TO GRANT ANY PORTION OF SAID PROPERTY

FOR LEASE OR LICENSE :-
The Developer shall be entitled to grant lease or license of any portion of the said
property to any Government/ Semi-Government or Local or Municipal Body or
Authority or to the M.S.E.D.C.L. or to any Private Party or Parties for setting up any
installations for providing services such as electricity, telecommunication services,
dish antennae etc. and the Purchaser/s herein shall not be entitled to raise any
objection to such grant of lease or license. Declaration Deed of said property and
buildings thereon in favour of the Association of Apartment to be formed of all the
purchasers of Units in “SAI SQUARE” shall expressly be subject to the rights
created under any such Lease or License mentioned in this Clause.
 34

42. UNSOLD UNITS: -

In the event of the condominium being formed and registered before the sale and
disposal of all the Units in the building, all the power, authorities and rights of the Unit
Purchasers herein shall be always subject to the Developer over all, right to dispose
of unsold Units and all other rights thereto. It is specifically agreed between the
parties hereto that for the unsold Units the Developer or Owner herein shall and will
not be liable or required to contribute towards the common expenses, or
maintenance charges or any amount under any head towards the share in the
common expenses in respect of the unsold premises / Units.

43. AVAILING ELECTRICAL CONNECTION & ELECTRICAL METERS: -

As the Developer will be applying to the concerned authorities for giving separate
electricity connection for the units and electricity meters and connections for
MSEDCL supply from the concerned department, then in that case the Developer
may provide electrical connection. The services of Electricity supplying are liable for
payment of charges as per the consumption of the Unit Purchaser/s. The Developer
shall be entitled to deduct any dues of such proportionate or entire charges payable
by the Unit Purchaser for the above expenses from the maintenance deposit or any
deposit accounts including corpus fund for which the Unit Purchaser/s hereby give/s
consent. The Developer has not undertaken any responsibility nor has he agreed
anything with the Unit Purchaser/s orally or otherwise to provide the said above
mentioned services and there is no implied agreement or covenant on the part of the
Developer and the Owners than the terms and conditions expressly provided under
this agreement.

44. ALTERATION WORK: -

The Unit Purchaser/s agrees not to make any demand, any change / alteration in the
existing plans. The Unit Purchaser / s shall not make any changes in the plan of the
unit annexed herewith. The Developer at the request of the Unit Purchaser /s may
carry out any alterations in the Unit agreed to be purchased by the Unit Purchaser in
terms of these presents, provided the estimated amount required for the said
alterations is paid / deposited to the Developer in advance, however, to remove any
doubt, it is agreed by the parties hereto in general and Unit Purchaser in particular
that the option to carry out or not the alterations in the Unit proposed by the Unit
Purchaser shall vest and continue to be vested with the Developer and as such the
Developer is not / shall not be bound to carry out any alterations in the Unit proposed
by the Unit Purchaser and Developer is not / shall not be liable to give any reasons /
explanations in case the Developer decides not to carry out, such proposed
alterations. The Developer shall not refund any amount for deleting any items of
specifications and amenities on request of the Purchaser / s.
 35

45. TITLE OF THE SAID PROPERTY: -

The Developer has made a full and true disclosure of the said property as well as the
encumbrances, if any, known to the Developer. The Developer has also disclosed to
the Unit Purchaser nature of its right, title and interest or right to construct building.
The Developer has also given inspection of all the original documents to the Unit
Purchaser as required by the law. The Builders and Developers have also requested
the Unit Purchaser to carry out the search and to investigate the title by appointing
his / her / their own advocate. The Unit Purchaser having acquainted himself / herself
/ themselves with all the facts and right of the Developer has entered in to this
agreement.

46. SPECIFICATIONS OF THE UNIT: -

The Specifications of the Unit and the fixtures, fittings and the amenities to be
provided by the Developer to the said Unit or to the said building are described in the
Schedule IV given herein below, and the Unit Purchaser/s shall not be entitled to any
extras. If any other extra fittings, fixtures or amenities are provided by the Developer
as per the request of the Unit Purchaser/s, the Unit Purchaser/s shall be bound to
pay the extra price for such additions as per the bills of the Developer. The bills
raised by Developer shall be final. The specifications / amenities may be changed
suitably by the Developer depending on the availability of building materials, site
conditions and / or changes in Government policies or laws or rules for which
changes the Developer shall not be bound or held responsible or liable for doing,
providing or performing any acts, matters, services, amenities or extra works for the
Unit Purchaser/s other than those expressly appearing in this Agreement. Whatever
design, elevation, layout, trees, lawns colour scheme etc shown in Brochure &
Pamphlet of this scheme are only for aesthetic value and advertisement and the
Developer has explained this fact to the Unit Purchaser/s and is not bound to provide
the same and except as expressly provided under this agreement. It is specifically
understood that the Brochure / s published by Developer from time to time in respect
of the scheme is just an advertisement material and contain various features such as
furniture layout in tenement, vegetation and plantation shown around the building,
scheme, colour scheme, vehicles etc. to increase the aesthetic value only and the
Developer are not obliged to / nor have agreed to provide the same. The balconies
as shown in the sanctioned plan or pamphlet may be either kept as balconies or may
be enclosed at discretion of the Developer. The Developer shall be entitled to allot or
grant rights of exclusive use of all or any of them limited / restricted common areas
and facility to any of the Unit Purchaser/s as the Developer may determine and such
area of facility so reserved for exclusive use by such Unit purchaser/s shall be
restricted facility and area for the said Unit Purchaser/s and shall be available for use
and enjoyment to the concerned Unit Purchaser/s to the exclusion of the other Unit
Purchaser/s.
 36

47. MEASUREMENT OF THE SAID ACCOMMODATION : -

It is specifically agreed between the parties hereto that, in this agreement wherever
area of the said Accommodation are mentioned is Carpet area. The purchaser/s
shall inspect and verify the said carpet area on his / her / their own and shall not
raise any objection. It is agreed between the parties that the agreed consideration of
the said accommodation is on lump sum basis. At the time of taking the possession
of the said Accommodation by the Purchaser/s shall, at his/her/their own discretion,
get measured the area of the said Accommodation and if any difference in the area
is found then the consideration of the said Accommodation shall be adjusted
accordingly and either Developers or Purchaser/s as the case may be refund or pay
the differential amount. The increase or decrease of 3% in area shall be sustained
by the respective parties and no additional consideration shall be payable.
Notwithstanding anything contents in these presents, it is agreed by and between the
parties hereto that, the Developer herein has agreed to sell and purchaser/s herein
has agreed to purchase the said accommodation/unit alongwith appurtenances
thereto on ownership basis for the lump-sum consideration and which is agreed
between the parties hereto, on the basis of the carpet area of the said
accommodation/unit.

48. MORTGAGE OF THE SAID PROPERTY: -

The Unit Purchaser hereby consents and authorizes the Developer for raising any
additional finance by way of mortgage of the said property or project or any portion
thereof as and when so deemed necessary by the Developer. At any stage during
the implementation of the project the Developer shall be at liberty to sale, assign or
transfer or otherwise deal with their right title and interest in the said property and
building/s to be constructed thereon provided the same does not adversely affect or
prejudice the rights granted in favour of the Unit Purchaser in respect of the said unit
agreed to be purchased by him / her in terms of this agreement.

49. INVESTOR AGREEMENT :-

The Purchaser/s has/have informed the Developer that the Purchaser/s is/are the
Investor/s and hence the Purchaser/s reserve/s his/her/its/their right to claim Stamp
Duty set off/ adjustment of Stamp Duty paid by the Purchaser/s on these presents in
terms of Article 5 (g-a)(ii) of Schedule I to the Bombay Stamp Act, 1958 in the event
the Purchaser/s assign/s the benefit of this Agreement and his/her/their/its interest in
the said Unit to a subsequent Purchaser.

50. T.D.S. DEDUCTION :-

As per finance Act 2013, Sec 194 IA of the Income Tax Act 1961 sale price of the
said Unit exceeds above or equal to Rs.50,00,000/-, all installments towards the
agreed sale price paid by the Purchaser/s herein shall be subject to deduction of
“Tax Deducted at Source” (TDS) as amended/applicable from time to time and it is
 37

the responsibility of the Purchaser/s to deduct and pay the TDS under this
Agreement on the stipulated dates.

51. MARKET VALUATION FOR THE PURPOSE OF STAMP DUTY: -

Although consideration of the referred Unit is Rs. ---------/- (Rupees -----------------------
------------------------------ Only) Stamp Duty and Registration fee is paid on Purchase
value, which is higher than Market value of the unit mentioned in the ready reckoner
as provided with the office of Sub-Registrar, Haveli and after taking into
consideration the percentage increase on and above the carpet area, as per
guidelines / directions of Sub-Registrar, Haveli.

SCHEDULE I ABOVE REFERRED TO

(Description of the said property)
ALL THAT PIECE AND PARCEL OF property property bearing Sub Plot No. 69 out
of Final Plot No. 548, corresponding to City Survey No. 1187/69/1, admeasuring 834
sq.mtr. i.e. 8980 sq.ft. situated at village BHAMBURDA (SHIVAJINAGAR) of City of
Pune, Tal. Pune City, Dist. Pune within the registration District of Pune, Sub
Registration District, Taluka Haveli, within the limits of Pune Municipal Corporation,
Pune, with all appurtenances thereto and easementary rights and bounded as under
:-

On or towards East :: Jangli Maharaj Road

On or towards South :: Ghole Road
On or towards West :: CTS No. 1187/69/2 &
1187/68, Shivajinagar, Pune
On or towards North :: CTS No. 1187/67, Shivajinagar, Pune
Alongwith all easementary rights and any other rights attached to the said Property
including TDR, FSI, the existing structure etc.

SCHEDULE II ABOVE REFERRED TO

Flat/Shop/Office No. ____________ , in SAI SQUARE

FLOOR ______ BUILDING - ___________
admeasuring area about ______ SQ.MTRS . i.e. _____SQ.FT sq. ft. enclosed
balcony admeasuring about ______ Sq. Mtrs. and open balcony admeasuring
about ______ Sq. Mtrs

Consisting of ____________
 38

SCHEDULE – III ABOVE REFERRED TO

(A) COMMON FACILITIES :

1. RCC Frame work structure of the building.
2. Drainage and water line network.
3. Electric meters and water meter/s connected to common lights, water connections,
pump set, etc.
4. Light points outside the building and the staircase/s as well as those in the common
parking space.
5. One number of water reservoir of adequate capacity at ground floor with water pump
connected to the one overhead water tanks.
6. One stairway from ground floor leading to top floor.
7. Parking space at Ground Floor situated shown as “Common Parking Space” and the
plan of the same is annexed herewith as Annexure C by stating common parking
space.

(B) RESTRICTED AREAS AND FACILITIES :

1. Excluding the Common Parking Space, all the remaining parking space at Ground
Floor level shall be restricted and the Promoters herein shall have exclusive right to
allot the same to any accommodation holder in the building or otherwise.

2. Adjacent terraces as shown on the Annexure C shall be restricted and shall be for
exclusive use of such respective tenement holders.

3. The Promoters herein shall have exclusive right to convert terraces of the building as
per present sanctioned building plan into constructed accommodation/s by using
remaining FSI of the said land or by bringing in TDR if any on the said land.

4. Top Terrace of the building shall be restricted and the Promoters herein shall have
exclusive right to allot the same to the tenement holder in the building, or has a right
to use the same for any purpose including as the terrace or to install hoardings/
space for advertisement or for installing or for installing Tower and cabin for
Mobile/WLL Companies on the terms and conditions as the Promoters may think fit
and proper.

5. The space being duct is restricted areas and the Promoters herein shall have
exclusive right to allot the same to the tenement holder in the building for open to sky
parking purpose or otherwise.

6. All areas etc. which are not covered under aforesaid head “Common areas and
Facilities” are restricted areas and facilities which include, the marginal open spaces,
 39

terraces, car-parkings within the said land and in the building/s which is/are under
construction on the said land is reserved and Promoters shall have exclusive rights
to attach the same in part or in full to any unit or to convert the Restricted Area into
Common Area or vice-versa.

SCHEDULE – IV ABOVE REFERRED TO

SPECIFICATIONS & AMENITIES FOR SAID ACCOMODATION

FOUNDATIONS :: Foundation as per R.C.C. Consultant‟s

recommendation.
STRUCTURE :: R.C.C. framed building structure with slabs and lintels.
WALLS :: External walls in 6" thick brick masonry and internal
walls in 4" or 6" brick masonry work in cement mortar.
FLOORING :: 2 x 2 Ceramic Flooring Tiles of plain colour with skirting
as per Promoters‟ discretion in the said
accommodation.
DOORS :: Main door will be a flush door with venier skin. All
windows will be Aluminum Sliding type with M.S.grill.
TOILETS :: Ceramic flooring as per Promoters‟ discretion and dado
up to lintel level coloured glazed tiles in toilets.
ELECTRICALS :: Sufficient light points in concealed wiring.
PLUMBING :: Concealed Plumbing.
WATER SUPPLY :: PMC water supply to underground tank. Pump set to
pump water from underground water tank to overhead
water tank.
PLASTERING :: Neeru finished internal wall and sand finished external
wall.
PAINTING :: Dry distemper on internal walls, cement paint on
external walls and windows as applicable.
Note :
1. The aforesaid specifications are general and will be provided in the residential
accommodation as suitable in accommodation as per the discretion of the
Promoters.
2. Any additional specification or work will be charged extra. No rebate will be
given for cancellation or omission of any item.
 40

IN WITNESS WHEREOF the parties hereto have unto set and subscribed their
respective hands and seals this day and year first herein above mentioned.

M/S. SAIESHWAR PROJECTSS

through its Partners

1) SHRI. VIJAY NARAYAN JALAN

2) SHRI. RAJENDRA SHAMSUNDAR BIHANI

3) SHRI. SHRIKANT HIRALALJI UNECHA

“THE PROMOTERS / OWNERS”

1) _________________________

2) _________________________
“THE PURCHASER/S”
In the presence of Witnesses :-

1. Sign _____________________________
Name _____________________________
Add. _____________________________
_____________________________

2. Sign _____________________________
Name _____________________________
Add. _____________________________
 41

Annexure “A”
Title Certificate

Annexure “B”
Copy of the Floor Plan

Annexure “C”
Commencement Certificate

Annexure “D”
Copies of the Property Card extract

Annexure “E”
Letter of Consent

Annexure “F”
Layout Plan