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AGREEMENT FOR SALE
This Agreement for Sale (“Agreement”) executed on this __ (Date) day of ______ (Month),
20____,
By and Between
Soumya Homes Pvt. Ltd. (CIN no.U45201MP2000PTC014291), a company incorporated
under the provisions of the Companies Act,1956, having its registered office at T-4,
RD
3 FLOOR, PLOT NO. 01, ZONE -1, M.P. NAGAR, BHOPAL (PAN -AAFCS3503C), represented
by its authorized signatory Mr. Rajeev Sharma S/o Late Shri R.K. Sharma (Aadhar no.
448942437464) authorized vide board resolution dated _______________ hereinafter
referred to as the “Promoter”
Mr._______________, (Aadhar no. __________________) son of _________ aged about
_________ residence at ________________, (PAN ___________), hereinafter referred to as
the “Allottee”
The Promoter and Allottee shall hereinafter collectively be referred to as the “Parties” and
individually as a “Party”.
(b)
WHEREAS:
A. The Promoter is the absolute and lawful owner of Khasra
nos.402/1,402/2,406/1/1/3,406/1/2Gha,406/2Kha totally admeasuring 6.55 Acre or
26506.68 square meters situated atHinotiaAlam, Tehsil- Huzur& District Bhopal (“Said
Land”) vide sale deed(s) dated 13/01/2011,28/03/2011& 21/10/2011registered as
documents no. 4044(1), 6407 (1)& 2508(1) at the office of the Sub-Registrar, Bhopal;
B. The Said Land is earmarked for the purpose of building a residential project,
comprising13multistore apartment buildings and Block No. 10 ofthe said project shall
be known as ‘Soumya Evergreen Phase-VI’ (“Project”);
C. The Promoter is fully competent to enter into this Agreement and all the legal
formalities with respect to the right, title and interest of the Promoter regarding the
Said Land on which Project is to be constructed have been completed;
D. The Commissioner Bhopal Municipal Corporation has granted the Building Permission
certificate to develop the Project vide approval dated25/05/2011 bearing registration
no. 160/Bha.Aa.Sha/Na.Pa.Pa/2011/kolar.
E. The Promoter has obtained the final layout plan, sanctioned plan, specifications and
approvals for the Project and also for the apartment, plot or building, as the case may
be, from
Town and Country Planning, Bhopal. The Promoter agrees and undertakes that it shall
not make any changes to these approved plans except in strict compliance with section
14 of the Act and other laws as applicable;
F. The Promoter has registered the Project under the provisions of the Act with the
Madhya Pradesh Real Estate Regulatory Authority at Bhopal on _____________under
registration no._______________;
G. The Allottee had applied for an apartment in the Project vide application no.
___________ dated __________ and has been allotted apartment no. ___________
having carpet area of ______ square feet, type ________, on ____ floor in
[tower/block/building] no._______ (“Building”) along with proportionate share of
common parking, as permissible under the applicable law and of pro rata share in the
common areas (“Common Areas”) as defined under clause (n) of Section 2 of the
Act(hereinafter referred to as the “Apartment” more particularly described in Schedule
A and the floor plan of the apartment is annexed hereto and marked as Schedule B);
H. The Parties have gone through all the terms and conditions set out in this Agreement
and understood the mutual rights and obligations detailed herein;
I. Additional details;
(a). Since presently there is no water supply from Municipal Corporation Bhopal, the
water supply is being done through tube wellallotte is fully aware of this fact and this
shall not be treated as deficiency in services.
(b). Colony maintenance charges of Rs. 1200/- per monthshall be applicable
aftercompletion certificate is obtained for the building as decided by RWA.
(c). Society security deposit Rs. 10,000/- shall be charged as a corpus money, once the
maintenance of colony is completely handed over to RWA for all the phases of
Soumya Evergreen.
(d).That incase if Municipal/Narmada/Kolar/Kerwa water/or any other government
agency water supply is provided then actual expense incurred shall be shared equally
by the residents of “RWA and shall be paid in advance collectively by all the residents
of the said society.”
(e) That if the allottee wishes to sell or transfer the said flat to any other third party
before the registration of the said flat, the allottee will have to pay 5% of the collector
value of the flat tothePROMOTER and take NOC from the PROMOTER before any such
transfer.
(f) After possession of the FLAT the allottee shall not disturb any of the internal and
the external walls, columns, beams, elevations etc. without prior written permission
from the PROMOTER.
J. The Parties hereby confirm that they are signing this Agreement with full knowledge of
all the laws, rules, regulations, notifications, etc., applicable to the Project;
K. The Parties, relying on the confirmations, representations and assurances of each other
to faithfully abide by all the terms, conditions and stipulations contained in this
Agreement and all applicable laws, are now willing to enter into this Agreement on the
terms and conditions appearing hereinafter;
L. In accordance with the terms and conditions set out in this Agreement and as mutually
agreed upon by and between the Parties, the Promoter hereby agrees to sell and the
Allottee hereby agrees to purchase the [Apartment] as specified in para G.
M.
NOW THEREFORE, in consideration of the mutual representations, covenants, assurances,
promises and agreements contained herein and other good and valuable consideration,
the Parties agree as follows:
1. TERMS:
1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter
agrees to sell to the Allottee and the Allotteehereby agrees to purchase, the
Apartment as specified in para G.
1.2 The Total Price for the Apartment based on the carpet area is Rs.
__________________________ (Rupees _______________________ only
excludingGST& Registration Charges
Block/Building/Tower no. ________ Rate of Apartment per square feet*
Apartment no. ___________ Type
________ Floor ________
Cost of apartment
Cost of exclusive balcony or veranda areas -
Cost of exclusive open terrace areas -
Proportionate cost of common areas -
Preferential location charges NIL
Taxes -
Maintenance Charges NIL
Society security deposit Rs. 10,000/-
Total price (in rupees) _______________
*Provide breakup of the amounts such as cost of apartment, cost of exclusive
balcony or veranda areas, cost of exclusive open terrace areas, proportionate cost of
common areas, preferential location charges, taxes, maintenance charges as per
para 11 etc., if/as applicable. [AND] [if/as applicable]
Covered parking charges are nil. Common, Covered and open parking has been
provided as per sanctioned plan approved by Town & Country Planning Dept.
Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the
Promoter towards the Apartment.
(ii) The Total Price abovedoes not include Taxes (consisting of tax paid or payable
by the Promoter by way of GST and Cess or Value Added Tax, Service
Tax, Stamps Duty, Registration Fees, Other legal expenses and Cess or any
other similar taxes which may be levied, in connection with the construction
of the Project payable by the Promoter, by whatever name called) up to the
date of handing over the possession of the apartment/plot to the allottee and
the project to the association of allottees or the competent authority, as the
case may be, after obtaining the completion certificate:
Provided that in case there is any change / modification in the taxes, the
subsequent amount payable by the allottee to the promoter shall, be
increased/reduced based on such change / modification:
Provided further that if there is any increase in the taxes after the expiry of
the scheduled date of completion of the project as per registration with the
Authority, which shall include the extension of registration, if any, granted to
the said project by the Authority, as per the Act, the same shall not be
charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount
payable as stated in (i) above and the Allottee shall make payment demanded
by the Promoter within the time and in the manner specified therein. In
addition, the Promoter shall provide to the Allottee the details of the taxes
paid or demanded along with the acts/rules/notifications together with dates
from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of Apartment includes recovery of price of land, construction
of [not only the Apartment but also] the Common Areas, internal
development charges, external development charges, taxes, cost of providing
electric wiring, electrical connectivity to the apartment, lift, water line and
plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection
and firefighting equipment in the common areas, maintenance charges as per
para 11 etc. and includes cost for providing all other facilities, amenities and
specifications to be provided within the Apartment and the Project.
1.3 The Total Price is escalation-free, save and except increases, which the Allottee
hereby agrees to pay, due to increase because 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 Promoter undertakes
and agrees that while raising a demand on the Allottee for increase in development
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