The promoter shall execute and register a conveyance deed in favour of the allottee or the association of the allottees, as the case may be, of the apartment or the common areas as per section 17;
The promoter shall deposit seventy percent of the amounts realised by him in a separate account to be maintained in a schedule bank to cover the cost of construction and the land cost to be used only for that purpose as per sub-clause (D) of clause (l) of sub-section (2) of section 4;
The registration shall be extended by a period of ______ (days/weeks/months) and shall be valid until_________ commencing from _____________and ending with ________________________unless further extended by the Real Estate Regulatory Authority in accordance with section 6 of the Real Estate (Regulation and Development) Act, 2016 read with rule 7 of the Rajasthan Real Estate (Regulation and Development) Rules, 2017;
The promoter shall comply with the provisions of the Act and the rules and regulations made thereunder;
The promoter shall not contravene the provisions of any other law for the time being in force in the area where the project is being developed;
If the above mentioned conditions are not fulfilled by the promoter, the Authority may take necessary action against the promoter including revoking the registration granted herein, as per the Act and the rules and regulations made thereunder.
Signature and sealAuthorized Officer of the Real Estate Regulatory Authority
Date :Place :
Form-G
[see rule 9]
Agreement for Sale
This Agreement for Sale, hereinafter referred to as the Agreement, is executed on this .......... day of ............ Two thousand and ...............at ............................
By and Between
[if the promoter is a company]
M/s ................................(CIN No. ..........) a company incorporated under the provisions of the Companies Act, 1956/ 2013 and having its registered office at .......................................... and its corporate office at ..........................................................and its PAN is..........., represented by its auothorised signatory................(Aadhar No. ............) authorised vide board resolution dated ........hereinafter referred to as the "Promoter " (which expression shall, unless it be repugnant to the context or meaning thereof be deemed to mean and include, its assignees, legal successor(s) in interest) of the ONE PART.
OR
[if the promoter is a partnership firm]
M/s ................................................. a partnership firm, duly registered and existing under the provisions of the Indian Partnership Act, 1932, having its principle place of business at .........................................and its PAN is........... represented by its auothorised partner.......................(Aadhar No. ............) duly authorized vide authority letter dated ............................. passed and signed by all the partners constituting the firm, (Copy enclosed) (hereinafter referred to as the "Promoter "), which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include their legal successor(s), administrators, executors successors & permitted assignees including those of the respective partners of the ONE PART.
OR
[if the promoter is an individual]
Mr./Mrs./Ms....................................... (Aadhar No.........) son/daughter/wife of Mr. ............................................ aged about ....... years, R/o..............................................its PAN is........... (hereinafter singly/ jointly, as the case may be, referred to as the "Promoter ", which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include his/her legal successor(s), administrators, executors successors & permitted assignees) of the ONE PART.
Affix Color photograph of Allottee/ First Allottee with signature across the photograph
Affix Color photograph of the authorized signatory of Promoter with signature across the photograph
And
[if the allottee is an individual]
Mr./Mrs./Ms..................... son/daughter/wife of Mr. ................................ aged about ....... years, R/o............................................... (Aadhar No. ............) (PAN ...........) (hereinafter singly/ jointly, as the case may be, referred to as the "Allottee(s)", which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include their legal successor(s), administrators, executors successors & permitted assignees) of the OTHER PART.
OR
[if the allottee is a partnership firm]
M/s .............................................. a partnership firm, duly registered and existing under the provisions of the Indian Partnership Act, 1932, having its principle place of business at .........................................(PAN-...........) through the partner Mr./Ms.............................................(Aadhar No.....) duly authorized vide authority letter dated ............................. passed and signed by all the partners constituting the firm, (Copy enclosed) (hereinafter referred to as the "Allottee(s)", which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include their legal successor(s), administrators, executors successors & permitted assignees including those of the respective partners) of the OTHER PART.
OR
[if the allottee is a company]
M/s...........................................................(CIN No...........) a Company incorporated under the provisions of the Companies Act, 1956 / 2013 having the registered office at ..............................................and its PAN is........... through Mr. ................................(Aadhar No.......), its authorized signatory who has been duly empowered vide Board Resolution dated ................. (hereinafter jointly and severally, as the case may be, being the allottee(s) of the Unit hereinafter, referred to as the "Allottee(s)", which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include their legal successor(s), administrators, executors successors & permitted assignees) of the OTHER PART.
or
[if the allottee is HUF]
Mr./Ms. ................................(Aadhar No.......................) son/daughter/wife of...................... aged about....... years for self and as the Karta of the HUF, having its place of business/ residence at.................................(PAN-...........) (hereinafter referred to as, "Allottee(s)", which expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include him and each of the members constituting the HUF their Heirs, administrators, executors, successors & permitted assignees) of the OTHER PART.
(Details of other allottees to be inserted, in case of more than one allottee)
The Promoter and the Allottee(s) shall hereinafter be collectively referred to as "Parties " and individually as a "Party ".
"Act " means the Real Estate (Regulation and Development) Act, 2016;
"Built-up area " means the sum of area of the Apartment or Flat. It shall include area encompassed within the walls of Apartment or Flat, all balconies, whether covered or un-covered, and thickness of wall. In case there be a common wall only 50% of thickness of such wall shall be taken in consideration for calculating the built-up area;
"Interest " means the interest payable at the rate specified in rule 17 of the rules;
"Para " means a Para of this Agreement;
"Maintenance Society " shall mean the society, association or body, by whatever name called, that may be formed under clause (e) of sub-section (4) of section 11 of the Act;
"Regulation " means the Regulation made under the Act;
"Rules " means the Rajasthan Real Estate (Regulation and Development) Rules, 2017;
"Schedule " means the Schedule attached to this Agreement; and
"Section " means the section of the Act.
(2)
The words and expressions used herein but not defined in this Agreement and defined in the Act or in the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959) or in the Rajasthan Municipalities Act, 2009 (Act No 18 of 2009) or any other law for the time being in force shall have the same meanings respectively assigned to them in those laws.
Whereas the Promoter Declares That,-
A. the Promoter is in lawful possession of the land khasara No. ....... of revenue village ........situated in .........., Tehsil...... /City..............District ............... with a total area admeasuring of ............ square meters (hereinafter referred to as 'Land' and more fully described in the Schedule-I).
B. the Promoter has a legal title to the Land with legally valid documents and is lawful owner of the land. The Land was purchased by the Promoter from .................... or from ................. Development Authority/ Urban Improvement Trust/ Municipal Corporation/ Council / Board ...................... in auction, as stated in the Conveyance deed/ Lease-deed dated ................ , registered on ................ in the office of Sub- Registrar .............. in its Book No. ........... Volume No. ........ at Page No......... bearing Serial No. .... and an additional copy of the same was also pasted in its additional Book No. ..... Volume No. ...... at Page No. .........
OR
the owner of the Land is Mr./Mrs./M/s...................... son/daughter/wife of ................................... R/o........................................................... The Land was purchased by such owner from .................... or from ................. Development Authority/ Urban Improvement Trust/ Municipal Corporation/ Council / Board ...................... in auction, as stated in the Conveyance deed/ Lease-deed dated ................ , registered on ................ in the office of Sub- Registrar .............. in its Book No. ........... Volume No. ........ at Page No......... bearing Serial No. .... and an additional copy of the same was also pasted in its additional Book No. ..... Volume No. ...... at Page No. ...... the consent of such owner of the Land has been taken and as such a collaboration agreement/development agreement /joint development agreement has been entered into between the Promoter and the aforesaid owner of the Land for developing the Project and such agreement has been registered on ................ in the office of Sub- Registrar .............. in its Book No. ........... Volume No. ........ at Page No......... bearing Serial No. .... and an additional copy of the same was also pasted in its additional Book No. ..... Volume No. ...... at Page No. .......
C. the said land is earmarked for the purpose of ...................[commercial/residential/any other purpose] project, comprising ......multistoried apartment buildings and [insert any other components of the Projects] and the said project shall be known as ..................' ("Project ")
OR
the said land is earmarked for the purpose of plotted development of a [commercial/residential/any other purpose] project, comprising ..............plots and [insert any other components of the Projects] and the said project shall be known as .................' ("Project ")
Provided that where land is earmarked for any institutional development the same shall be used for those purposes only and no commercial/residential development shall be permitted unless it is a part of the plan approved by the competent authority;
D. 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.
E. the ................[Please insert the name of the concerned competent authority] has granted the commencement certificate to develop the Project vide its approval number ..........dated ......;
F. the Land is free from all encumbrances.
OR
the details of the encumbrances on the Land including any rights, title, interest or name of any party in or over the Land along with details are as under :-
.............................................................................
.............................................................................
.............................................................................
G. the Promoter has conceived, planned and is in the process of constructing and developing a real estate project known as '..............................' , (hereinafter referred to as the 'Project') after getting necessary permissions/ approvals from the concerned competent authorities and which inter-alia comprising of apartments/ plots/ buildings and includes the common areas, the development works, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, on a piece and parcel of Land admeasuring .......... square meters situated at ........................... and latitude & longitude of the end points of the Project are ............... respectively. The location details are fully described in the Schedule-I.
H. the Project has been registered with the Real Estate Regulatory Authority on ...........(date) and the Project Registration Certificate No. is .................. . This registration is valid for a period of......... years commencing from....... and ending with........ unless extended by the Authority. The details of the Promoter and Project are also available in the website (www..................) of the Authority.
I. the layout plan/ site plan of the Project (........ Phase / whole Project) has been sanctioned vide No..... dt................. by the ................................. (competent authority), and copy of which is enclosed as Schedule-2.
J. approval of specifications of the Project and permission of building construction upto..................meters height (.......floor) under the relevant legal provisions has been accorded vide No................. date................. by the ............................... (competent authority). The specifications of the Project are as under :-
...........................................................................................................................................................
...........................................................................................................................................................
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;
K. the details of Floor plan of the Apartment No........ and for tower/ block of the Project is given in Schedule-3.
L. the details of plan of development works to be executed in the proposed Project and the proposed facilities to be provided thereof including fire-fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy etc., as provided under clause (e) of sub-section (2) of section 4, are as under :-
........................................................................................................................................................
..........................................................................................................................................................
M. the details of salient features of the proposed Project including access to the project, design for electric supply including street lighting, water supply arrangements and site for disposal and treatment of storm and sullage water, any other facilities and amenities or public health services and other internal development works proposed to be provided in the Project are as under :-
..........................................................................................................................................................
...........................................................................................................................................................
N. the details of other external development works to be taken for the Project are as under :-
...........................................................................................................................................................
........................................................................................................................................................
O. the details of specifications of material used in construction are as under :-
.....................................................................................................................................................
.....................................................................................................................................................
P. the stage wise time-schedule of completion of the Project/ Phase thereof including the provisions of civic infrastructure like water, electricity, sanitation and all other above-mentioned internal/external development works is as under:-
Stage
Date by which the works are proposed to be
completed
Details of works to be completed
Q. temporary fire NOC for the Project has been accorded by the....................vide No............ dated..................
(Applicable only in case such NOC is required under local law)
R. the Airport Authority of India has also granted NOC for height clearance for the Project vide No.............. date............
(Applicable only in case such NOC is required under local law)
S. Environmental Clearance from the department concerned has been obtained or the Project.
(Applicable only in case such clearance is required under local law)
T. Public Health & Engineering Department has also given NOC for developing the Project
(Applicable only in case such NOC is required under local law)
U. the Promoter has opened a separate account in Branch .....................of...................... Bank for the purpose as provided in sub-clause (D) of clause (l) of sub-section (2) of section 4.
V. the Allottee(s), being aware of the Project and details given in the advertisements about the Project made by the Promoter and/or on visiting the model of the Apartment/ Building, has applied for allotment and to purchase a Plot / Apartment/Building (hereinafter referred to as the 'Unit') in the Project vide his/her/their/its application dated.................. The allottee(s) has also deposited a sum of Rs........... (in words Rupees..................) as an advance payment/ booking amount including application fee (not being more than 10% of the cost of the apartment/plot as provided in sub-section (1) of section 13) and agrees to make timely and complete payments of the remaining sale price as well as other dues under this Agreement as per terms and conditions of this Agreement.
W. the Alottee has 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 garage/covered parking no. ...... admeasuring ..... square feet in the ......... [Please insert the location of the garage/covered parking], as permissible under the applicable law and of pro rata share in the common areas as defied under clause (n) of section 2 of the Act (hereinafter referred to as the "Apartment " more particularly described in Schedule-4 and the floor plan of the apartment is annexed hereto and marked as Schedule-3.
Note: Garage includes covered car parking/basement car parking/stilt car parking.
or
the Alottee has applied for a plot in the Project vide application no. .... dated ....... and has been allotted plot no. .... having area of ....... square feet and plot for garage/covered parking no. ...... admeasuring ..... square feet (if applicable) in the ......... [Please insert the location of the garage/covered parking], as permissible under the applicable law and of pro-rata share in the common areas as defied under clause (n) of section 2 of the Act, hereinafter referred to as the "Plot ", more particularly described in Schedule-4;
X. The Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. The Parties hereby confirm that they are signing this Agreement with full knowledge of the all laws, rules, regulations, notifications etc. applicable to the Project.
Y. 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;
Z. 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/Plot] and the garage/covered parking (if applicable) as specified in para V.
Now This Agreement Witnesseth And The Parties Hereto Mutually Agree On Following Terms And Conditions, Namely:-