Registry Veena Gandhi
Registry Veena Gandhi
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Nor i fdic!3l Indian-Non Judicial Stamp
Haryana Government Date 08/02.'20?1
I
Certificate No. GFH2021B77
immmfiiii Stamp Duty Paid : * 118600
CRN No 717484/15 Penalty: *0
SeJler_/_Fir§t Party_DetaiJ
Name: Broezbuilders Anddevelcpers Pvrtfto
H No/Floor P903905 Sector/Ward 1 48 LandMark : P 903 jmd megapolis
CityA/iHage : Gurugram District Gorugram State Haryana
Phone: 85.........51
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___ _________________________
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CONVEYANCE DEED
THIS Deed of Conveyance ("Conveyance Deed" or "Deed") Is made and executed at Sohna (DistL Gurugram) on this day ot
BY
Breez Builders & Developers Private Limited, a company incorporated under the Companies Act 1956 vide C1M-
U45204HR2011PTC077957 and validly existing under the Companies Act 2013, and having its registered ofllce at P 903-905,9th Floor, C
Wing, JMD Megapolis. Sector 48, Sohna Road, Gurgaon 122018,-Haryana, represented through its authorized signatory Sh. Manish kumar
(Aadhaar Card No. 746932997130) duly authorized vide board resolution dated 3 December 2020 (hereinafter referred to as the
"Vendor", which expression shall unless repugnant to the context hereof mean and Include its respective successors-in-interest
representatives, nominees and pennitted assigns) being the party ofthe FIRST PART
Signatory
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am aajrar Pfrara (Sar | si<Ju s .vann 0 suS Sr nt»T Sar a at aatr ftSai *1 3w >£t am 9ciw j* aWa afaa 3*51 JH
a$ ntf! S Sa 3a rttsai ftnn |cta1 mrt 4it upura flft/flfWrflApnff NARLSII Ptnr — 1?rarrfr ia war a ift/'ftacft^arft
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Mrs. VEENA GANDHI, (Aarihar no. jL3ihrf_^Cl 3^ qV\ 1 son / daughter of W/0 RAMESH GANDHI, aged about
____ . residing at GH-5-7/289, PASCHIM V1HAR, WEST DELHI. DELHI-110087 , (PAN Noj\WFPV7054A). hereinafter called the "
First Allottee" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his/her
heirs, executors, administrators, successors-in-iiiterest and permitted assignee).
AND
Mr./Ms., (Aadhar no._________ ________________ ) son / daughter of . aged about residing at , (PAN No. ),
hereinafter referred to as the "Vendee", which expression shall unless repugnant to the context or meaning thereof be deemed to
mean and include his/her/their legal heirs, executors, administrators, successors-in-inrorcst and permitted assigns) being the party
of the SECOND PART.
The Vendor and the Vendcc(s) are hereinafter collectively referred to as the "Parties' and individually referred to as the "Party”.
The Promoter and Allottee (s) shall hereinafter collectively be referred to as the "Parlies" and singularly as a "Party".
WHEREAS:
1. The Vendor is the lawful owners and in possession of 9.9547S acres of land in SecTor-:<3, Sohna. Distt. Gurugrani. Haryana in
terms of sale deeds bearing vasika no. 2H13-2815 dated 13.07.2012 and 28S1 dated 16.07.2012 , and Mutation no. 1672-1675) and
1946 which is duly registered in the office of the Sub-Registrar, Sohna Tchsil. District Gurugram. Haryana (hereinafter referred to as
the 'Said land"), and the Vendor has the absolute rights to deal with this land in any manner whatsoever.
2. The Vendor had been granted License bearing no. 67 of 2014 dated 16.07.2014 (hereinafter referred to as the 'License") by
the Director General, Town & Country Planning. Haryana (hereinafter referred to as the "DTCP") for setting up of Affordable Group
Housing Colony on the Said Land in terms of the Affordable Housing Policy. 2013 as amended from time to time (hereinafter
referred to as the 'Policy"), and accordingly, the Vendor has constructed and developed the affordable group housing colony on the
Said Land by the name of‘Global Heights' (hereinafter referred to as the "Project").
3. The aforesaid License was granted to the Vendor under the provisions of the Haryana Development and Regulation of Urban
Areas Act, 1975 (hereinafter refereed to as the “Act”) and Haryana Development and Regulation of Urban Areas Rules, 1976
(hereinafter referred to as the "Rules") upon the conditions mentioned therein.
4. The DTCP vide its Memo No. ZP-1001/AD(RA)/2014/21455 dated 05.09.2014 had approved the Building Plans of the Project
which were subsequently revised by the Vendor and approved by the DTCP vide Its Memo No. ZP-1001/SD/(BS)/2018/14331
dated 10.05.2018 (hereinafter referred to as the "Approved Plans").
5. The Project comprises of several towers consisting of self-contained independent apartments along with common
infrastructure, parking sites, community building, anganwadl-cum-creche and commercial shops.
6. The Project is registered under the Real Estate (Regulation and Development) Act, 2016 and Rules/Regulations framed
thereunder (hereinafter referred to as the "KERA") with the Haryana Real Estate Regulatory Authority at Panchkula vide
Registration No. 130 of 2017 dated 28.08.2017.
7. The Project has been completed and Occupation Certificate (OC) in respect thereof has been obtained by the Vendor from the
DTCP vide Memo No. ZP-1001 /AD(RA)/2020/3(l072 dated 16.06.2020.
8. In compliance of the provisions contained under the Haryana Apartment Ownership Act. 1983 and Rules framed thereunder
(hereinafter referred to as the "HAO Act"), Deed of Declaration in respect of the Project has been registered as Vasika No. 1540
dated 05/10/2020 with the office of Sub-Registrar, Sohna Tchsil, District Gurugram.
9. The Vendee represents and confirms that it has examined all the documents pertaining to the Project on the website of the
Real Estate Regulatory Authority at Panchkula, and has/have understood all the documents and the information provided by the
Vendor.
10, In terms of the Policy and considering the application submitted to the Vendor by the Vendee, the apartment bearing No.412 ,
in Biock/Towcr, (herein "Said Building") having a Carpet Area of 645.00 sq. ft & Balcony Area of 155.195sq. ft together with
earmarked two wheeler parking site bearing mimber..../.^.^../. (hereinafter referred as the “Said Apartment") was allotted to the
Vendee vide allotment letter dated and tnicreafter an apartment buyer agreement/ agreement for sale
("Agreement") was executed between the Partfes and all the terms X- conditions of allotment were contained therein and the same
shall form the part of this Conveyance Deed.
Contd...
Signatory
Reg. No. Reg. Year Book No.
5317 2020-2021
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12. The Vendee further confirms that it has verified the description and physical condition of the Said Project and the Said
Apartment including size, dimensions, etc. of the Said Apartment and all other physical characteristics thereof, such as bath fittings,
sanitary fittings, electrical fitting and switches etc., the facllitics/amenities to he made available to the Vendee in terms of the
Agreement.
13. On the Vendee being satisfied in all respects, the Vendor has handed over the actual physical possession of the Said Apartment
to the Vendee as per the specifications & amenities mentioned in the Agreement and the Vendee also confirms taking over the
actual physical possession of the Said Apartment.
14. The Vendee has now desired to get the Conveyance Deed of the Said Apartment executed & registered in its favour.
15. The Vendee hereby also assures, represents and warrants to the Vendor that it shall comply with the terms hereof and all flie
applicable laws and statutory compliances with respect to the Said Apartment, pay charges as may be levied in terms of the
Operation and Servicing Agreement and the Occupants' Manual executed by the Vendee (collectively referred as the "O&S
Agreement") and shall not interfere or object to any ongoing/ proposed construction to be raised on any portion of the Said hand,
if any. as per FAR and density available now or in future and relying on all the assurances, representations and warranties made
herein by the Vendee, the Vendor has agreed to enter into this Deed.
16. The Vendee has solely relied on its own judgment and investigation in this regard before deciding and/or agreeing to execute
this Deed and the Vendee further confirms that no oral or written representations or statements made by the Vendor shall be valid
or shall be considered to be part of this Deed with respect to the description, workmanship, specification of the Said Apartment,
quality ot construction, infrastructure availability etc. as this Deed not only being self-contained and complete in itself in these
respects but the Vendee also has examined, verified and confirmed these aspects,
NOW THEREFORE in furtherance to receipt nf the total sale consideration, the Parties are executing this
Conveyance Deed for recording the sale, convcyance and transfer oI ownership of the Said Apartmonl mid
exclus: ig Space against the Said Apartment, absolutely and
fo; terms and conditions mutuallv a ■cd by and between the Parties which
is contained in this Conveyance Deed as under:
1(a) That subject to the exceptions, reservations, conditions and covenants contained herein to be observed and in consideration
of the Total Consideration already paid by the Vendee to the Vendor, the receipt whereof the Vendor do hereby acknowledges, the
Vendor do hereby transfer, convey, assure and assign unto the Vendee the ownership of the Said Apartment, free from all
encumbrances and exclusive right to use and occupy the designated Parking Space against the Said Apartment, absolutely and
forever with proportionate, undivided, impartible rights to use the Common Areas except for the terraces specifically and
exclusively reserved for utilization by the Vendor for installation of utility Services. The Vendor alone shall have the absolute and
the sole right to use the terraces of the various structures, towers or buildings in the Project which arc not included in the Common
Areas. The Vendor shall have sole right to give on lease or hire any pari thereof for any purpose including installation and operation
of antenna, satellite dishes, communication towers, other communication equipment or to us c/hi re/lease the same for the purpose
of advertisement spaces or otherwise and the Vendee shall not have any right to object to or prevent the same.
(h) That the Vendor has also allotted along with the Said Apartment usage right for one two wheeler open parking space to be held
and used exclusively by the Vendee as an integral and inseparable part of the Said Apartment. The parking space shall not be
treated as any independent property and it shall not he alienated independently of the Saiil Apartment. The Vendee agrees that
above two-wheeler parking spaces allotted shall form part of the Said Apartment
(c) That the Project shall be known as "Global Heights" and the said name shall not be changed by the Vendee individually and/or
jointly with other allottoe/owncrs of apartments in the Project or their association.
2(a) That the Vendor hereby confirms and acknowledges the receipt of the Total Consideration in respect of the Said Apartment
paid by the Vendee to the Vendor and that there is nothing due from the Vendee towards the sale consideration in respect of the
Said Apartmenl-
Contd...
For Bree;: r.
■ i^'i'obpers Pvj LM
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|b) That the Ver.dc '• lias paid its pro-rata share i f the cess, taxes including but not limited to (iST The Vendee has hirthcr agreed to
additionally jiay, on demand, the proportionate share oi any additional amount on account of .axes 01 development charges
payable to the competent authority and/or increase in any other charges/fee/tax/cess etc which may be levied or imposed by the
competent authority prospectively or retrospectively to the Vendor. The Vendor undertakes and agrees that while raising a demand
. on the Vendee tor such increased in taxes or development charges, cost/ charges/ fees/ levies etc. imposed by the competent
authorities, it shall enclose the said notification/ order/ rule/ regulation to that effect along with the demand letter being issued to
the Vendee.
(c) That the Vendee, if residing outside India shall he solely responsible to comply with the necessary formalities as laid down in
Foreign Exchange Management Act, 1999 (TEMA"), the Reserve Bank of India Act, 1934 ("RBI Act") and the rules and regulations
framed thereunder and any other applicable laws including that of remittance of payment(s) and lor acquisition of the immovable
property in India. The Vendee shall furnish the required declaration as may be prescribed In tills regard. The Vendee shall be solely
responsible for any failure to comply with the applicable FEMA provisions. RBI Act and/or any rules or guidelines made
thereunder. The Vendee shall indemnify and keep and hold the Vendor and its directors/einployees/associates. etc. fully
indemnified and harmless against any losses, damages, impositions or Jiabililio-s. including but not limited to any statutory liability,
claim, action, penalties, charge, costs, expenses, etc. due to such failure.
3(a) That the Vendee shall be entitled to the ownership rights In the Project and rights of usage as specified below:
(i) The Vendee shall have absolute ownership of rhe Said Apartment
(ii) The Vendee shall have undivided interest in the Common Areas within rhe Project
(iii) The Vendee shall use the Common Areas within the Project in which the. Said Apartment is situated, harmoniously along with
other allottees, occupants, users, staff of operating agency etc. without causing any inconvenience or hindrance to them.
However, the Vendee shall not be entitled to daim partition of its interest in the Common Areas. This clause shall be applicable
to the Vendee and all subsequent transferees as well.
(iv) The Vendee shall have no title and interest in the two wheeler parking space (except right to use the designated parking space
allocated against the Said Apartment) and any other space on the surface of the Project, which have not been allotted/sold to
rhe Vendee or which have been reserved by rhe Vendor, and such space shall remain the absolute property of the Vendor who
shall be fully entitled to deal with such space at its own discretion till it is sold or conveyed in any manner. The Vendee shall
not raise any claim against the aforesaid spaces in the Project nor shall the Vendee attempt to use or park its vehicles in
unreserved parking spaces It is made abundantly clear and agreed by the Vendre that no other land(s)/unreserved parking
spaces is/are forming part of the Deed.
(v) The usage right in the Common Areas does not confer any separable/ exclusive title or share in the Common Areas and shall be
governed as per the Maryana Apartment Ownership Act 1983 and Rules framed thereunder.
(vi) The community building, crtchc and the commercial shops shall be the exclusive property of the Vendor and the Vendee shall
nor claim any right, title ami interest in the same.
4. That the Vendee understands that additional infrastructure may be required In future to meet the future
demands/requirements of the Project or for complying with the requirements of the electricity department/distribution or supply
of energy, in which event the Vendee acknowledges and agrees to pay additional proportionate share in establishing such
additional infrastructure.
5. That vacant and physical possession of the Said Apartment has been handed over by the Vendor to the Vendee and the Vendee
hereby confirms having taken over the possession of the same from the Vendor after satisfying itself that the workmanship used in
construction as also the various installations like electrification work, sanitary fittings, water and sewerage connection etc. arc in
accordance with the drawings, designs and specifications as per the Agreement and terms and conditions of booking and the same
arc in good order and condition and that the Vendee has satisfied itself in respect of the location and final Carpet Area calculations
and measurements of the Said Apartment.
6(a) That the Vendee agrees that in case of on-going construction on part of the Said l.aiul, if any, procurement of further area
adjoining the Said Und and further construction on the Said Land (Including additionally acquired land), the Project or the terrace
thereof becomes permissible, the Vendor shall have the exclusive right to take up and complete such on-going/ further construction
without any objection or interference from the Vendee, and the Vendee shall not claim any right or interest in such area It is agreed
that in such a situation or with a view to complying with the provisions of the Haryana Apartment Ownership Act. 1983, the right of
the Vendee in the Common Areas and in the Said Land underneath the Project shall stand varied accordingly, without any claims
from the Vendee. The Vendor shall be entided to connect the electric, water, sanitary, power backup and drainage fittings on the
additional structure(s)/ storey(s) with such existing facilities / installations without any objection or hindrance from the Vendee.
'1310 Vendor shall he the owner of all terrace areas, not being a part of the Common Areas, which have not been transferred.
Contd...
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(b) That the Vi )d(*i* agrees that :f Uveie is any unutilized FAii in the Pro; ?a due -t> revise^ FAR ami density norms or jny other
reason, tlic Vendor can raise constriicfion over it at a later date and the Vendee shall have no objrnion to the same even .! '.he
Project is completed and Use possession thereof has been handed over. The Vendee gives unconditional consent to the Vendor to
utilize the aforesaid additional FAR m accordance with the applicable laws and the Vendee shall have no objection or claim or
' demand any compensation for the same subject to the condition that construction shall be carried out as per the norms and the
approved designs and drawings.
7(a) that the Vendee agrees to abide by all laws, bye-laws, rules and regulations, comliiions of the Central or State Government or
local bodies ami shall be responsible or liable for all defaults, violations or breaches of any of the conditions of approvals and/or
rules and regulations as may be applicable on the Vendee. The Vendee also agrees to abide by the terms of the Haryana Apartment
Ownership Act. 1983 as amended from time to time and shall keep indemnified the Vendor and its employees for any liabilities or
penalty resulting from such violations that may he attributable to the Vendee.
(b) That the Vendee shall not use the Said Apartment or permit the same to be used tor purpose other than permitted purpose
and/or for any pur pose which may or is likely to cause nuisance or annoyance to the occupiers of other apartments or for any illegal
or immoral purposes and shall not do or suffer anything to be done in or about the Said Apartment which may tend to cause damage
to any flooring or colling of any floor below, above or in any manner interfere with the use thereof or of space, passages or
amenities available for common use in the Common Areas.
(c) That with a view to maintain uniform aesthetics of the said Project, the Vendee shall not put up any name plate, sign board,
neon sign, publicity or advertisement material, hanging and/or drying of clothes, notice board etc. in the Common Areas or at the
external facade of the building or anywhere on the exterior of the Common Areas and shall not change the color scheme of the outer
walls or paint of the exterior side of the doors and windows including by means of fixing of colored films etc. or carry out any
change in the exterior elevation or design. The Vendee shall be entitled to display its name plate only at the proper place provided
for the Said Apartment and in the manner approved by the duly appointed facility operator/ servicing agency or the association of
allottees, as the case may be. Further, circulating/displaying letters on the notice board or otherwise shall be done with prior
written approval of facility operator/ servicing agency or the association of allottees.
(d) Thar the Vendee shall ensure that fire safety equipment shall he kept functional and subsisted always within the Said
Apartment and in all the Common Areas, and the Vendee shall not keep any hazardous, explosive, inllammable chemicals/ material
etc. which may cause damage to any part of the Project. The Vendee shall always keep the Vendor harmless and indemnified for any
loss and damage in respect thereof.
(c) That the Vendee agrees and undertakes that the Vendee shall ensure uniformity and non-interference with structures, ducting if
any, internal cabling etc. and for general safety, security as well as larger Interest of the Proicct. The facility operator/ serving
agency or the association of allottees, as the case may be, shall designate, regulate and approve the entry of service providers such
as telephone, cable, satellite T.V/Radio, internet, Wi-Fi, wi-max, IP/IT services, general utility services or any other type of services.
The Vendee shall take prior written approval of the Vendor/ facility operator/ servicing agency/ association of allottees, as the case
may be, before laying and /or connecting upon any type of pipes, wires, rabies, antenna(s) anil utility connections through the
Common Areas, common facilities and/or the areas or facilities owned by the Vendor In case such prior approval is not taken by the
Vendee, the Vendor/ facility operator/ servicing agency/ association of allottees, as the case may be. shall bo entitled to remove
such connections without any compensation or claim and at the cost of the Vendee and shall remain indemnified for change of any
power points, service points etc. if the same is not brought to its notice.
(f) That in case the Vendee has purchased the ground floor apartment, the Vendee may be allowed to use the open/sit out/green
area earmarked, if any, for the Said Apartment for the limited purpose of keeping the same green and maintained, and the nominees
/staff /workmen of the Vendor shall have the rights to enter into the said area for the purposes of repair, inspection and
replacement of the service lines passing through the same. No construction, whether temporary or permanent, is permitted in such
area, and the right to use thereof shall be subject to the provisions of the Haryana Apartment Ownership Act
8. That the Vendee shall have no right, title or interest of any kind in the land and building(s) reserved for future expansion, if any.
The Vendee has agreed and understood that since the Vendor has not charged any amount from him for construction and
development of commercial area / shops, Community Building and Creche, the Vendee shall not have any interest, claim or right in
any commercial area / shops. Community Building and creche constructed / developed in the said Project nor the Vendee shall
make any interference in the operation and management of commercial area / shops. Community Building and creche in the Project
by the Vendor or ils nominated agency. However, the Vendee shall be permitted to use the Community Building subject to making
payment of tequlslto charges,
9(a) The Vendee agrees that in compliance of the DTCP instructions and in terms of provisions of the Policy, the Vendor shall
provide maintenance of the affordable group housing in accordance with the relevant provisions of the Act. Rules and O&S
Contd...
ForBreez f i
"topers Pvt. Ltd.
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\grccment, lor .1 period of live years from :1k* d.ite of grinr of oempanon cmilicatc nd such period is refer red i> as "Vendor
Mainlenance Period'. The Vendor shall have the right to provide innintenjncc services of the Project either directly or indirectly
through an agency The Vendee shall no: be required to pay any maintenance charges during the Vendor Maintenance Period
However, the Vendee shall pay for the additional services, if any. provided hy the Vendor / the facility operator / Association ot
. Allottees as specified and agreed in the O&S Agreement Upon expiry of the Vendor Maintenance Period, the Project shall be handed
over to the Association of Allottees. Thereafter, the Association shall have the right to cither continue with the facility operator
appointed by the Vendor or appoint a new facility operator to undertake maintenance services of the Project. After the expiry o:
Vendor Maintenance Period, the Vendee agrees and undertakes to pay the maintenance fee, from time to time, on such terms and
conditions as may be agreed between the Association and facility operaior.
(bj That as per the terms stipulated in this Deed and the O&S Agreement, the Vendor / facility operator / Association ot Allottees
shall took after the maintenance and upkeep of the Common Areas of the Project and shall enter into related agreements with
various service providers for the purposes of upkeep and provision of the Common Area, facilities and amenities in the Project.
(c) That the Vendee agrees and confirms that it shall abide by the terms of the O&S Agreement and shall he bound by the same at all
times. The Vendee shall further he solely responsible to always maintain its Apartment at its own cost in a good condition and shall
not do or suffer to be done anything in or to the Project or the Apartment or the staircases, lifts, common passages, corridors,
circulation areas, atrium or the compound which may be in violation of any laws or rules of any authonty or change or alter or make
additions to the said Apartment and keep the said Apartment, its walls and partitions, sewers, drains, pipes and appurtenances
thereto or belongings thereto :n good and tcnantable repair, and maintain the same in a fit and proper condition and ensure that the
support, shelter etc. of the Project is not in any way damaged or jeopardized. 'Hie Vendee shall also not remove any wall, including
load-bearing wall of the said Apartment. The walls shall always remain common between the said Apartment and the apartment ot
other allottees of adjacent apartment. The Vendee shall also not change the color scheme of the outer walls or painting of the
exterior side of the doors and windows etc or carry out any change in the exterior elevation or design except with prior written
permission of the Vendor. Further, the Vendee shall not store any hazardous or combustible goods in the said Apartment or place
any material including flower pots etc. in the common passages or staircase of the said building.
(d) The Vendee shall plan and distribute its electrical load in conformity with the electrical systems installed by the Vendor. The
non-observance of the provisions of this clause shall entitle the Vendor / facility operator or any other agency / Association of
Allottees to enter into the Apartment, if necessary, and remove all non-conforming fittings and fixtures at the cost and expense of the
Vendee. The Vendee shall be responsible for any loss or damages arising out of breach of any of the aforesaid conditions.
(e) That the Vendee undertakes not to commence any structural alteration, addition or any other interior work without obtaining
prior permission of the Vendor / facility operator / Association of Allottees. Even pursuant to grant of requisite permission, the
Vendee or the personas) inducted by the Vendee shall ensure that the interior or any work does not oven touch the K.C.C. structure
and/ or load bearing walls nor does it cause any hindrance or obstruction to other property owners in the Project. During the course
of such interior work, the Vendee or the person(s) inducted in possession in the property shall take all precautions to ensure that no
damage is caused 10 the Common Areas or to other properties in the Project and in such an eventuality, shall be solely liable for
providing the entire amount of compensation to the affected party and/or restoration of the damages so caused. Any such interior
work, renovation etc. as mentioned above shall lie carried only during the day hours i.e. from 9 am to 6 pm only and such work shall
not be carried on Sunday and other National or State Holiday, Festivals, etc. as declared by the Government. Such permission to carry
out may also be denied under sperial and compelling circumstances by the Vendor / facility operator / Assoriation of Allottees, as
the case may be. which shall not be withheld unnecessarily.
(0 Ihc Vendee hereby agrees and undertakes to become a member of the Association of Allottees and to complete all the
documentation and fulfill its obligations as may be required under the Haryana Apartment Ownership Act. 1983 and the Real Estate
(Regulation and Development) Act, 2016 and Rules framed thereunder promptly on being called upon.
(g) Subject to the provision of the Real Estate (Regulation and Development) Act 2016 read with the applicable Rules framed
thereunder and the Policy, the Vendee shall have no objection if the Vendor makes any alterations, additions, improvements or
repairs whether structural or non-structurul, interior or exterior, ordinary or extra ordinary in relation to any unsold premises
within the Project or the external facade and the Vendee agrees not to raise objection or make any claim on this account.
(h) That the Vendee shall not use the said Apartment so as to cause blockage or hindrance to any Common Areas, common
passages, veranda or terraces. No Common Areas of the Project will be used by the Vendee fur keeping/ chaining pets (animals or
birds), storage of cycle, motorcycles/wrong/unauthorized parking, nor the Common Areas shall he blocked in any other manner
whatsoever.
CO Vendee shall not be allowed to do any activity which may be objected to, by the other allottees, occupants such as playing of
high volume music, use of loudspeaker, dumping of garbage or any activity which spoils the decorum or decency or beauty of the
Project. Including defacing of common walls, lifts or throwing or dumping of refuge/garbage which could be subject to fine or
penalties as per prevailing ami applicable laws/byc laws/ O&S Agreement.
Conld...
For Breez Builds. ■
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(l) T:>e Vendee shall keep !he salil Ajwnment. the walk and p rtitions. sewers, drains, pipes and appunenar.ccs Ihcreto in good
•enable repair and condition and Jn particular so as to support, shelter and protect all parts o! the Project other than the said
Apartment and shall abide by all laws, bye laws, rules and regulations ot the (iovemment. local/municipa! authorities and/or any
other authorities and local bodies and shall attend, answer and be responsible for all such deviations, violations or breaches ol any
. such condition or law. bye laws or rules and regulations.
(k) The Vendee in its individual rapacity as well as the prospective or existing member of the Association, as the case may be,
hereby confirms and agrees that subject to section 'll ol the Haryana Apartment Ownership Act. in the event ol redevelopment of
the Said Land at any time in future on account of any force majeure events or any catastrophe or for any other reason(s)
whatsoever, the Vendor shall be offered the right of first refusal for carrying oul such redevelopment on the Said Lind. This clause
shall be applicable to the Vendee and all subsequent transferees as well.
10. The Vendee shall not assign, transfer or part with possession of the said Apartment without obtaining a 'no dues certificates"
from the Association of Allottees or the Vendor, as the case may be. In the event of such assignment/ transfer/ sale of the said
Apartment by the Vendee, the Vendee shall file transfer permission application along with the proper set of documents to be
executed, in the office of Vendor for its record. The transfer shall be subject to clearance of any outstanding dues still pending or
recoverable due to any account which may be levied like statutory govt. dues, charges, taxes, user charges, etc. The Vendee as well as
subsequent transferees of Vendee hereby covenants to observe and perform all the terms and conditions of the booking. Agreement
and this Deed to keep Vendor and its agents and representatives indemnified and harmless against the said payments and shall
observe and perform the respective terms and conditions of each of the aforementioned documents. The Vendee shall indemnify
and keep indemnified the Vendor against any loss and damages that the Vendor may suffer as a result of non-payment,
non-observance or non-performance of the said terms and conditions by the Vendee. Further, such transfer. sale, lease, mortgage
etc. shall be subject to the terms and conditions contained in the present Conveyance Deed. Further, the transferee or buyer shall be
entitled to become a member of the Association of the Apartment Owners in place of the Vendee and shall he entitled to all the
benefits and rights hut subject to all the obligations and duties on the present Vendee. However, it shall be the liability, jointly and
severally, of the Vendee/ Transferee/ subsequent buyer with respect to the unpaid amount towards operation & servicing charges,
electricity charges or any other charges along with interest or penalty if any payable by the Vendee at the time of transfer of the said
Apartment The Vendee / transferee / subsequent buyer of the said Apartment shall be liable to pay the administrative charges, as
applicable from time to time, to record his nomination / mutation in the records maintained by the Vendor / Association of Allottees
as an owner of the said Apartment in the said Project- It is clearly understood and agreed by and between the Parties hereto that all
the provisions contained herein and the obligations arising hereunder in respect of the Said Apartment and the Project shall equally
he applicable to and enforceable against and by any subsequent purchaser of the Said Apartment, as in case of a transfer, all
obligations go along with the Said Apartment for all intents and purposes.
11. That the Vendee shall be liable to pay property tax and all rates, taxes, charges, assessments, levies, by whatever name called,
assessed or imposed by municipal or other authorities whether levied now or in future in respect of the said Apartment effective
from the date of offer of possession of the said Apartment, so long as each Apartment is not separately assessed for such taxes for
the said Land and/or Project, the same shall be payable and be paid by the Vendee in proportion to the Carpet Area of the said
Apartment conveyed to him in terms of this Deed. Till the Apartment is individually assessed to property tax or any other charges as
aforesaid by the authorities, the Vendee shall be liable to pay to the Vendor on demand, such taxes / charges whether levied now or
in future on the land / buildings of the Scheme, proportionate to the area of the Apartment. These taxes, fees, cesses, etc. shall be
paid by the Vendee irrespeetive of the fact whether the operation and other services arc provided by the Vendor or its nominee or
any other body or association of all or some of the Apartment.
12. If the Vendee has to make any payment, in common with other alloncc(s)/occupant(sJ in the Project, the same shall be the
proportion which the Carpet Area of the Apartment bears to the total Carpet Area of all the apartments in Project / Complex/Tower,
as the case may be.
13(a) That the Vendee shall be entitled to get the Apartment transferred and mutated in its own name as owner in the records of
concerned authority on the basis ol this Deed or its true copy without any further act or consent of Vendor subject to the
restrictions as imposed by the Policy. However, il the Vendee transfers the Apartment to a third party, subject to Clause It) above,
then the transferee shall be bound by the terms and conditions of this Deed.
(b) That the Vendee shall not assign, transfer, sale or part with the possession of the said Apartment for a period of 1 (one) year
from the date of handing over the possession of the Apartment, failing which the Vendee shall be liable to penal consequences in
terms of the Policy. The transfer of Apartment through execution of irrevocable General Power ol Attorney (GPA) where the
consideration amount has been passed to the executor of GPA or any one on its behalf, will be considered as sale of the Apartment
and the same will be counted as breach ol terms and conditions of the Policy.
(C) Ibat notwithstanding anything to the contrary stated in this Agreement and in supersession ol the Vendor's Maintenance
Period as mentioned herein above, it is categorically agreed by and between the Parties that Vendor shall not be liable for
rectification of any structural defect or any other defect in workmanship, quality or provision of services or any other obligations in
the following circumstances:
ConM...
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(i) il '.he s.ime has resulted due to juy u t, omission or negiigeiu e aitributablc n. ihe Vendee or non-compli-iiia* of any applicable
, laws by the Vendee; and
(ii) the defects that are the result o! (a) ordinary wear and tear in due course, or (b) any act of Cod. or (c) anion for which the
Vendor Is not responsible, or (dj action beyond the control of the Vendor.
Provided that the Vendee understands that there is a fundamental difference between hand over of the budding/ constructions
or infrastructure services and systems tree from defects on the one hand and maintenance of handed over building/constructions or
infrastructure services and systems so as to maintain defect free functioning which by its nature is a lifelong process. Accordingly,
the continued maintenance of the systems handed over would not be the responsibility of the Vendor, and the Vendor shall nor be
liable for reelifiration of any defects therein.
Provided further that in case any such structural delect or any other defect In workmanship, quality or provision of services by
the Vendor at the Project, reasonably and in the ordinary course requires additional time beyond the said :i() (thirty) days, then the
Vendor shall be entitled to the same, provided an intimation thereof has been provided to the Vendee prior to expiry of the said
initial 30 (thirty) days. The Vendee hereby agrees to such additional time / extension of time without being entitled to / making any
claim to receive appropriate compensation in the manner as provided under the Act and/or otherwise under the Applicable Laws.
14. That if any of the provisions of this Deed shall be determined to be void or unenforceable under any applicable law. such
provisions shall be deemed to be amended or deleted in so far as reasonably inconsistent with the purpose of this Deed and to the
extent necessary to confirm to applicable law and the remaining provisions of this Deed shall remain valid and enforceable in
accordance with the terms and conditions mentioned therein.
15(a) The recitals, annexures and schedules including any representations and warranties form part of and are an Integral part ot
this Deed and shall have the same force & effect as if expressly set out in the body of this Deed being binding on the Parties, and any
reference to this Deed shall include any recitals and annexures lo it Any references to Clauses and annexures are to Clauses of and
annexures to this Deed. Any references to parts oi paragraphs are, unless otherwise stated, references to parts or paragraphs of the
annexures in which the reference appears;
(b) The Vendee acknowledges and agrees that it shall continue to remain bound by such terms and conditions of the Agreement in
relation to the said Apartment and such obligation shall be applicable to subsequent transferees of the Vendee as well.
(c) References to this Deed or any other document shall be construed as references to this Deed or that other document as
amended, varied, novated, supplemented or replaced from time to time;
16. That all costs of stamp duty, registration Ice and other miscellaneous and incidental expenses on the. execution and registration
of this Deed have been borne and paid by I he Vendee and the Vendee agrees to pay any further demand or deficiency of stamp duty,
fee etc. made by the concerned government authority, in future. The Vendee shall be solely responsible and liable for compliance of
the provisions of Indian Stamp Act, 1899 & Indian Registration Act, 1908 or any other applicable law including any actions taken or
penalties imposed by the competent author ityfies). The Vendee has borne all expenses for the completion of this Deed including cost
of stamp duty, registration and oilier Incidental charges. Any deficiency in the stamp duty as may be determined by the
Sub-Registrar / Concerned Authority along with consequent penalties / deficiencies as may be levied in respect nf the said
Apartment & Reserved Parking Spare conveyed by this Deed shall be borne by the Vendee exclusively and the Vendor accepts no
responsibility in this regard.
17. The rights and obligations of the Parties under or arising out of this Deed including disputes between the Parties shall be
constnicd and enforced in accordance with the Act and rules framed thereunder, the Policy and other applicable laws ol India lor the
time being in force. 4
AMI' CA
IN WITNESS WHEREOF the Parties have executed these presents at the place, day' st a Wive
written in the presence of witnesses:
Witnesses:
(VENDOR)
2. (VENDEE)
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