And whereas the land owner has entered into an agreement on ……………………………… with the developer/Second Party for construction of residential flats on terms and conditions mentioned therein.
And whereas by virtue of the said Deed of Agreement executed on ……………………… the land owner/First Party agreed to sign any document if required for conveying the flat to the intending purchaser with proportionate share of land at the cost of the intending purchaser Third Party and the said land owner also declares that he shall have no objection to the matter of realisation of advance amount from the intending purchaser of the plot by the developer.
And whereas by virtue of the said agreement dated ………… ……………………… the land owner/vendor agreed not to receive any other consideration from the developer or from the purchaser except which were provided in the said agreement dated ……………………… executed between the said vendor/land owner and the developer.
Now this agreement witnesseth and it is hereby agreed by and between the parties hereto as follows:
4. The developer shall arrange for separate electric meter for the owner of the respective flat from the CESC and also for water connection and drainage connection from the ………………… and the respective flat owner shall be liable to pay a sum of Rs. 10,000 (Rupees Ten Thousand only) to the developer for the same provided that if all the purchasers want Generator for supply of electricity the developer will arrange the same and the purchasers will be liable to pay the cost of Generator and the charges for running thereof.
On the south by Scheme plot No. ……, owned by Mr. ………………… .
On the East by Scheme plot No. ……, owned by Sri ……………….… .
On the West by Scheme plot No. ……, owned by Sri ……………….… .
6. Common Portions Common to the Owners of the Flats
(a) The land comprised in the premises but excluding those reserved for parking of car/cars marked by the developer exclusively to any Unit or the purchaser and those mentioned herein.
(b) Only general light point/points of the common portions shall be provided.
(d) Last roof for use only, staircases and landings of different units and to the common portions.
(e) Water pumps and motors, Electrical wiring and Main Switch-box, Main electrical distribution-board, Sub-distribution boards, Electrical wirings, Main electrical meter, and other installations and fittings.
Sanitary : Bath Room walls upto 5′ Marble Tiles coloured/ White ceramic ware fittings C.P./ Royal Tap shower/ Towel Rod/Mirror.
Kitchen : Marble sink and Forking Top in Marble and wall of working Top upto 2′ Granite.
Electricals : Concealed wiring and points in all Rooms, Kitchen, toilets, Balcony using standard quality conductors, plug points in all Rooms, Kitchen, Toilets, etc. TV and Telephone outlet in living Room.
Water : Deep Bore well with O.G. Tank for 24 Hours water Supply.
Lift : 24 hours Automatic Lift service.
Security : Separate Security Control Room, Pump Room.
Entertainment : Dish Antenna at extra cost.
Fire Protection : Fire extinguishing equipment at common place, Lightening Arrestor at suitable place.
Parking extras : Car-parking space available at extra cost.
Extras : To be notified and separately paid for by purchaser.
9. Consideration money for the proportionate undivided share/interest in the said land cost of construction of the said Unit.
A. Consideration for transfer of proportionate
undivided 1/10th Owner’s share in the land … Rs. 5,00,000
Before date of possession the purchaser shall pay all amounts becoming due to the developer.
10. The developer/Second Party shall complete the construction of the building in all respects and make ready for possession of the said apartment to the purchaser/Third Party on or before 5th December 1999 subject to compliance of terms and conditions written hereunder.
12. In the event the purchaser/Third Party defaults in the matter of payment of the instalments in accordance with clause 9 of this Agreement for more than 30 (thirty) days from the date of demand notice then the developer/Second Party will be at liberty to forfeit the said right to the flat and also to sell out the said flat No. 2 to anybody at its sweet will and the repayment will be as per clause No. 13 of this agreement.
14. The purchaser/Third Party shall not sell, transfer and/or assign any of his right, title or interest with respect to the said flat, particularly stated in clause 7 of this Agreement to anybody before taking delivery of possession of the said flat without written consent of the Developer/Second Party.
16. The purchaser/Third Party shall become the absolute owner in respect of the said flat after mutation of the said flat and/or after registration of the said deed of conveyance. The purchaser/Third Party shall be bound to make registration of his flat.
17. The developer shall arrange for execution and registration of the Deed of Conveyance by the Registered Power of Attorney of the land owner in respect of the said flat in favour of the purchaser but the purchaser agrees to bear and/or pay the cost of registration of Deed of Conveyance including the stamp duty and all charges separately.
Signed, sealed and delivered by the land owner at Calcutta in the presence of: Signed, sealed and delivered by the developer at Calcutta in the presence of: Signed, sealed and delivered by the purchaser at Calcutta in the presence of:
