GOVER
HO
No. DOH 8 RERA 2017
The following draft of K
(Agreement for Sale) Rules, 20
in exercise of the powers conferr
section 13 of the Real Estate (Re
all other powers enabling it in t
persons likely to be affected there
be taken into consideration by th
2020.
Any objections / suggestio
post, which may be received
Department, Government of K
Bengaluru-560001, from any per
date, will be considered by the Go
1.
Title and commencement
(1) These rules may be
Development) (First A
(2) Save as otherwise prov
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RNMENT OF KARNATAKA
OUSING DEPARTMENT
Karnataka Government Sec
2nd Floor, Vikasa Sou
Bengaluru, dated 6th Janua
NOTIFICATION
Karnataka Real Estate (Regulation &
020, which the Government of Karnataka pr
red by clause (h) of sub-section (2) of Sectio
egulation & Development) Act, 2016 (16 o
that behalf, is hereby published for inform
eby; and notice is hereby given that the said
he Government of Karnataka on or after th
ons, either through e-mail viz prshousing@g
by the Principal Secretary to Governm
Karnataka, Room No.211, 2nd floor, V
rson with respect to the said draft on or befo
overnment.
DRAFT RULES
t:
e called the Karnataka Real Estate (R
Amendment) Rules, 2020,
vided in these rules they shall come into forc
the official Gazette.
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gmail.com or in
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1)
ನಂ.03
No.03
2
2.
Amendment of rule 8: In the Karnataka Real Estate (Regulation and Development)
Rules, 2017 (hereinafter referred to as the said rules),
1. Insertion of new rule 8A - In the Karnataka Real Estate (Regulation and
Development) Rules, 2017 (hereinafter referred to as the said rules) after rule 8, the
following shall be inserted, namely:-
(1) “8A. Agreement for Sale - (1) For the purpose of sub-section (2) of
section 13 of the Real Estate (Regulation & Development) Act 2016,
the agreement for sale shall be in the Format as per Annexure-A.
(2) Any application, letter of allotment, letter or any other document
signed by the allottee, in respect of the apartment, plot or building,
prior to the execution and registration of the agreement for sale for
such apartment, plot or building, as the case may be, shall not be
construed to limit the rights and interests of the allottee under the
agreement for sale or under the Act.”
2. Insertion of Annexure-A - After the Form I of the said rules the following annexure
shall be inserted, namely:-
“ANNEXURE-A”
(see sub rule (1) of rule 8A)
AGREEMENT FOR SALE
This Agreement for Sale (“Agreement”) executed on this ___ (Date) day of ____
(Month) ,20___
By and Between
[If the promoter is a company]
(CIN no.
), a company incorporated under the provisions of the
Companies Act, [1956 or 2013], (Central Act 18 of 2013), as the case may be], having its
registered office
at ___________ and its corporate office at ______________ (PAN
______________), represented by its authorized signatory ___________ (Aadhar no.
) authorized vide board resolution dated __________ hereinafter referred to as the
“Promoter” (which expression shall unless repugnant to the context or meaning thereof
be deemed to mean and include its successor-in-interest, executors, administrators and
permitted assignees);
[OR]
[If the promoter is a Partnership firm]
___________________ a partnership firm registered under the Indian Partnership Act,
1932 having its principal place of business at __________, (PAN ___________),
represented by its authorized Partner
, (Aadhar no.
)
authorized
3
vide ________, hereinafter referred to as the “Promoter” (which expression shall unless
repugnant to the context or meaning thereof be deemed to mean and include the partners
or partner for the time being of the said firm, the survivor or survivors of them and their
heirs, executors, administrators of the last surviving partner and his/her/their assigns).
[OR]
[If the promoter is an Individual]
Mr. / Ms. _________________, (Aadhaar no. _______________) son / daughter of
_____________,
aged
about
___________,
residing,
at
____________________________________ (PAN ____________________), hereinafter
called the “Promoter” (which expression shall unless repugnant to the context or meaning
thereof be deemed to mean and include his/ her heirs, executors, administrators, successors-
in-interest and permitted assigns).
[OR]
[If the Promoter is a Development Authority / any other public body / registered society /
etc]
__________________________, (Reg. No. _________) a _____________ registered under
the provisions of the _______________ (mention the relevant Act/Rules), as the case may
be), having its registered office at ________________________________, (PAN
________________), represented by its authorized signatory, __________________,
(Aadhaar no. __________________) duly authorized vide organization’s resolution dated
____________, hereinafter referred to as the “Promoter” (which expression shall unless
repugnant to the context or meaning thereof be deemed to mean and include its successor-
in-interest, and permitted assigns).
AND
[If the Allottee is a company]
, ( CIN no. _________________) a company incorporated under the
provisions of the Companies Act, [1956 or 2013, as the case may be], having its registered
office at _________________, (PAN _______________), represented by its authorized
signatory,
, (Aadhar no.
) duly authorized vide board
resolution dated
, hereinafter referred to as the “Allottee” (which expression
shall unless repugnant to the context or meaning thereof be deemed to mean and
include its successor-in-interest and permitted assignees).
[OR]
[If the Allottee is a Partnership]
______________, a partnership firm registered under the Indian Partnership Act, 1932,
having its principal place of business at
,
(PAN
________________),
represented by its authorized partner,
, (Aadhar no. _____________) authorized
vide _________________, hereinafter referred to as the “Allottee” (which expression shall
4
unless repugnant to the context or meaning thereof be deemed to mean and include the
partners or partners for the time being of the said firm, the survivor or survivors of them and
their heirs, executors and administrators of the last surviving partner and his / her/ their
assigns).
[OR]
[If the Allottee is an Individual]
Mr. / Ms. _______________, (Aadhar no. ________________) son/ daughter of
_______________, aged about ___________, residing at _________________, (PAN
_______________), hereinafter called the “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-interest and permitted assigns).
[OR]
[If the Allottee is a HUF]
Mr. __________________ , (Aadhar no. ___________) son of _______________ aged
about _______ for self and as the Karta of the Hindu Joint Mitakshara Family
known as ____________ HUF, having its place of business / residence at
______________________________, (PAN ___________________), hereinafter referred
to as the “Allottee” (which expression shall unless repugnant to the context or meaning
thereof be deemed to mean and the members or member for the time being of the said HUF,
and their respective heirs, executors, administrators and permitted assigns).
[Please insert details of other allottee(s), in case of more than one allottee]
The Promoter and Allottee shall hereinafter collectively be referred to as the “Parties”
and individually as a “Party”.
DEFINITIONS:
For the purpose of this Agreement for Sale, unless the context otherwise requires,-
(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);
(b) “appropriate Government” means the State Government of Karnataka;
(c) “Rules” means the Karnataka Real Estate (Regulation and Development) Rules, 2017
(d) “Regulations” means the Regulations made under the Real Estate (Regulation and
Development) Act, 2016;
(e) “section” means a section of the Act.
WHEREAS:
5
A. The Promoter is the absolute and lawful owner of [khasra nos./ survey nos.]
[Please insert land details as per local laws] __________ totally admeasuring
________ square meters situated at _________ in Village & Hobli ____________
(“Said Land”) vide sale deed(s) dated __________ registered as documents no.
___________ at the office of the Sub-Registrar;
[OR]
________________ (“Owner”) is the absolute and lawful owner of [khasra nos./ survey
nos.] [Please insert land details as per local laws] _______ totally admeasuring
______ square meters situated at ___________ Village & Hobli ____________ (“Said
Land”) vide sale deed(s) dated ________ registered as documents No. _________ at the
office of the Sub-Registrar. The Owner and the Promoter have entered into a
[collaboration / development / joint development] agreement dated ________ registered
as document No. ________ at the office of the Sub-Registrar;
B. The
Said
Land
is
earmarked
for
the
purpose
of
building
a
[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;
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 _____________ [Please insert the name of the concerned competent authority]
has granted the commencement certificate to develop the Project vide approval dated
_________ bearing registration no __________;
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 __________________ [Please insert the name of concerned competent
authority]. 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;
6
F. The Promoter has registered the Project under the provisions of the Act with the
_______________ (Name of Union Territory) Karnataka Real Estate Regulatory
Authority at _____________ 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 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 (“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);
[OR]
The Allottee had 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 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
(“Common Areas”) as defined under clause (n) of Section 2 of the Act (hereinafter
referred to as the “Plot” more particularly described in Schedule A);
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. _________________________________
[Please
enter
any
additional
disclosures/details]
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/Plot] and the
garage/covered parking (if applicable) as specified in para G;
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:
7
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 Allottee hereby agrees to
purchase, the [Apartment/Plot] as specified in para G.
1.2
The Total Price for the [Apartment/Plot] based on the carpet area
is Rs. ______ (Rupees ___________ only ("Total Price") (Give break up and
description):
Block / Building / Tower no.
_________ Apartment no.
Type _____________
Floor ____________
Rate of Apartment per square
feet*
Total price (in rupees)
___________________
*Provide break-up of the amounts such as cost of apartment, cost of exclusive
balcony or verandah 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]
Garage/Covered parking – 1
Price for 1
Garage/ Covered parking – 2
Price for 2
Total price (in rupees)
_____________________
[OR]
Plot No. __________
Type __________
Rate of Plot per square feet*
Total price (in rupees)
_____________________
*Provide break-up of the amounts such as cost of plot, proportionate cost of common
areas, taxes, maintenance charges as per para 11 etc., if/ as applicable.
[AND] [if/as applicable]
Garage/Covered parking – 1
Price for 1
Garage/ Covered parking – 2
Price for 2
Total price (in rupees)
_____________________
Explanation:
8
(i) The Total Price above includes the booking amount paid by the allottee to the
Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the
Promoter by way of Value Added Tax, Service Tax, 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 the Allottees or the competent authority, has the case may be,
after obtaining the completions 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 any increase in the taxes after the expiry of the schedule
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 manners 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/Plot] 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/Plot] 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 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
Promoter undertakes and agrees that while raising a demand on the Allottee for
increase in development charges, cost/charges imposed by the competent
authorities, the Promoter shall enclose the said notification/order/rule/regulation
to that effect along with the demand letter being issued to the Allottee, which
shall only be applicable on subsequent payments. Provided that if there is any
new imposition or increase of any development charges 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.
9
1.4
The Allottee(s) shall make the payment as per the payment plan set out in
Schedule C (“Payment Plan”).
1.5
The Promoter may allow, in its sole discretion, a rebate for early payments of
installments payable by the Allottee by discounting such early payments @
____% per annum for the period by which the respective installment has been
preponed. The provision for allowing rebate and such rate of rebate shall not
be subject to any revision/withdrawal, once granted to an Allottee by the
Promoter.
1.6
It is agreed that the Promoter shall not make any additions and alterations in
the sanctioned plans, layout plans and specifications and the nature of fixtures,
fittings and amenities described herein at Schedule ‘D’ and Schedule ‘E’ (which
shall be in conformity with the advertisement, prospectus etc., on the basis of
which sale is effected) in respect of the apartment, plot or building, as the case
may be, without the previous written consent of the Allottee as per the provisions
of the Act. Provided that the Promoter may make such minor additions or
alterations as may be required by the Allottee, or such minor changes or
alterations as per the provisions of the Act.
1.7
[Applicable in case of an apartment] The Promoter shall confirm to the final
carpet area that has been allotted to the Allottee 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. The total
price payable for the carpet area shall be recalculated upon confirmation by the
Promoter. If there is any reduction in the carpet area then t h e Promoter shall
refund the excess money paid by Allottee within forty-five days with annual
interest at the rate prescribed in the Rules, from the date when such an excess
amount was paid by the Allottee. If there is any increase in the carpet area, which
is not more than three percent of the carpet area of the apartment, allotted to
Allottee, the Promoter may demand that from the Allottee as per the next
milestone of the Payment Plan as provided in Schedule-C. All these monetary
adjustments shall be made at the same rate per square feet as agreed in para
1.2 of this Agreement.
1.8
Subject to para 9.3 the Promoter agrees and acknowledges, the Allottee shall
have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the
Common Areas. Since the share / interest of Allottee in the Common
Areas is undivided and cannot be divided or separated, the Allottee shall
use the Common Areas along with other occupants, maintenance staff
etc., without causing any inconvenience or hindrance to them. It is
clarified that the promoter shall hand over the common areas to the
association of allottees after duly obtaining the completion certificate
from the competent authority as provided in the Act;
10
(iii) That the computation of the price of the [Apartment/Plot] 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/Plot] and the Project;
(iv) The Allottee has the right to visit the project site to assess the extent of
development of the project and his apartment/plot, as the case may be.
1.9
It is made clear by the Promoter and the Allottee agrees that the
[Apartment/Plot] along with _________ garage/covered parking shall be
treated as a single indivisible unit for all purposes. It is agreed that the Project
is an independent, self-contained Project covering the said Land and is not a
part of any other project or zone and shall not form a part of and/or/
linked/combined with any other project in its vicinity or otherwise except for
the purpose of integration of infrastructure for the benefit of the Allottee. It is
clarified that Project’s facilities and amenities shall be available only for use
and enjoyment of the Allottees of the Project.
1.10 The Promoter agrees to pay all outgoings before transferring the physical
possession of the apartment to the Allottees, which it has collected from
the Allottees, for the payment of outgoings (including land cost, ground
rent, municipal or other local taxes, charges for water or electricity,
maintenance charges, including mortgage loan and interest on mortgages or
other encumbrances and such other liabilities payable to
competent
authorities, banks and financial institutions, which are related to the project).
If the Promoter fails to pay all or any of the outgoings collected by it from
the Allottees or any liability, mortgage loan and interest thereon before
transferring the apartment to the Allottees, the Promoter agrees to be liable,
even after the transfer of the property, to pay such outgoings and penal
charges, if any, to the authority or person to whom they are payable and be
liable for the cost of any legal proceedings which may be taken therefor by
such authority or person.
1.11 The
Allottee
has
paid
a
sum
of
Rs.
_______
(Rupees
______________________________________________ only) as booking
amount being part payment towards the Total Price of the [Apartment/Plot]
at the time of application the receipt of which the Promoter hereby
acknowledges and the Allottee hereby agrees to pay the remaining price of
the [Apartment/Plot] as prescribed in the Payment Plan [Schedule C] as
may be demanded by the Promoter within the time and in the manner
specified therein:
11
Provided that if the allottee delays in payment towards any amount for
which is payable; he shall be liable to pay interest at the rate specified in the
Rules.
2.
MODE OF PAYMENT:
Subject to the terms of the Agreement and the Promoter abiding by the
construction milestones, the Allottee shall make all payments, on written demand
by the Promoter, within the stipulated time as mentioned in the Payment Plan
[Schedule C] through A/c Payee cheque/demand draft/bankers cheque or online
payment (as applicable) in favour of ‘_________________’ payable at
________________.
3.
COMPLIANCE OF LAWS RELATING TO REMITTANCES:
3.1
The Allottee, if resident outside India, shall be solely responsible for
complying with the necessary formalities as laid down in Foreign Exchange
Management Act, 1999, Reserve Bank of India Act, 1934 and the Rules and
Regulations made thereunder or any statutory amendment(s) modification(s)
made thereof and all other applicable laws including that of remittance of
payment acquisition/sale/transfer of immovable properties in India etc. and
provide the Promoter with such permission, approvals which would enable
the Promoter to fulfill its obligations under this Agreement. Any refund,
transfer of security, if provided in terms of the Agreement shall be made in
accordance with the provisions of Foreign Exchange Management Act, 1999
or the statutory enactments or amendments thereof and the Rules and
Regulations of the Reserve Bank of India or any other applicable law.
The Allottee understands and agrees that in the event of any failure on
his/her part to comply with the applicable guidelines issued by the Reserve
Bank of India, he/she may be liable for any action under the Foreign
Exchange Management Act, 1999 or other laws as applicable, as amended
from time to time.
3.2
The Promoter accepts no responsibility in regard to matters specified in para
3.1 above. The Allottee shall keep the Promoter fully indemnified and
harmless in this regard. Whenever there is any change in the residential status
of the Allottee subsequent to the signing of this Agreement, it shall be the
sole responsibility of the Allottee to intimate the same in writing to the
Promoter immediately and comply with necessary formalities if any under
the applicable laws. The Promoter shall not be responsible towards any third
party making payment/remittances on behalf of any Allottee and such third
party shall not have any right in the application/allotment of the said
apartment applied for herein in any way and the Promoter shall be issuing
the payment receipts in favour of the Allottee only.
12
4.
ADJUSTMENT/APPROPRIATION OF PAYMENTS:
The Allottee authorizes the Promoter to adjust/appropriate all payments made by
him/her under any head(s) of dues against lawful outstanding of the allottee against the
[Apartment/Plot], if any, in his/her name and the Allottee undertakes not to
object/demand/direct the Promoter to adjust his payments in any manner.
5.
TIME IS ESSENCE:
The Promoter shall abide by the time schedule for completing the project as disclosed at
the time of registration of the project with the Authority and towards handing over the
[Apartment/Plot] to the Allottee and the common areas to the association of the allottees
or the competent authority, as the case may be.
6.
CONSTRUCTION OF THE PROJECT/APARTMENT:
The Allottee has seen the proposed layout plan, specifications, amenities and facilities
of [Apartment/Plot] and accepted the floor plan, payment plan and the specifications,
amenities and facilities [annexed along with this Agreement] which has been approved
by the competent authority, as represented by the Promoter. The Promoter shall
develop the Project in accordance with the said layout plans, floor plans and
specifications, amenities and facilities. Subject to the terms in this Agreement, the
Promoter undertakes to strictly abide by such plans approved by the competent
Authorities and shall also strictly abide by the bye-laws, FAR and density norms
and provisions prescribed by the _____________ [Please insert the relevant State laws]
and shall not have an option to make any variation /alteration /modification in such
plans, other than in the manner provided under the Act, and breach of this term by
the Promoter shall constitute a material breach of the Agreement.
7.
POSSESSION OF THE APARTMENT/PLOT:
7.1
Schedule for possession of the said [ Apartment/Plot] - The Promoter
agrees and
understands that timely delivery of possession of the
[ Apartment/Plot] to the allottee and the common areas to the association of
allottees or the competent authority, as the case may be, is the essence of the
Agreement. The Promoter assures to hand over possession of the
[ Apartment/Plot] along with ready and complete common areas with all
specifications, amenities and facilities of the project in place on
____________________, unless there is delay or failure due to war, flood,
drought, fire, cyclone, earthquake or any other calamity caused by nature
affecting the regular development of the real estate project (“Force
Majeure”). If, however, the completion of the Project is delayed due to the
Force Majeure conditions then the Allottee agrees that the Promoter shall
be entitled to the extension of time for delivery of possession of the
[ Apartment/Plot], provided that such Force Majeure conditions are not of
a nature which make it impossible for the contract to be implemented. The
Allottee agrees and confirms that, in the event it becomes impossible for
the Promoter to implement the project due to Force Majeure conditions,
13
then this allotment shall stand terminated and the Promoter shall refund
to the Allottee the entire amount received by the Promoter from the
allotment within 45 days from that date. The Promoter shall intimate the
allottee about such termination at least thirty days prior to such
termination. After refund of the money paid by the Allottee, the Allottee
agrees that he/she shall not have any rights, claims etc. against the Promoter
and that the Promoter shall be released and discharged from all its
obligations and liabilities under this Agreement.
7.2
Procedure for taking possession - The Promoter, upon obtaining the
occupancy certificate* from the competent authority shall offer in writing
the possession of the [ Apartment/Plot], to the Allottee in terms of this
Agreement to be taken within two months from the date of issue of
occupancy certificate. [Provided that, in the absence of local law, the
conveyance deed in favour of the allottee shall be carried out by the Promoter
within 3 months from the date of issue of occupancy certificate]. The
Promoter agrees and undertakes to indemnify the allottee in case of failure of
fulfillment of any of the provisions, formalities, documentation on part of the
promoter. The Allottee, after taking the possession, agree(s) to pay the
maintenance charges as determined by the Promoter/association of allottees,
as the case may be after the issuance of the completion certificate for the
project. The promoter shall hand over the occupancy certificate of the
apartment/plot, as the case may be, to the allottee at the time of conveyance
of the same time.
7.3
Failure of Allottee to take Possession of [Apartment/Plot] - Upon receiving a
written intimation from the Promoter as per para 7.2, the Allottee shall take
possession of the [Apartment/Plot] from the Promoter by executing
necessary indemnities, undertakings and such other documentation as
prescribed in this Agreement, and the Promoter shall give possession of
the [Apartment/Plot] to the allottee. In case the Allottee fails to take
possession within the time provided in para 7.2, such Allottee shall continue
to be liable to pay maintenance charges as specified in para 7.2.
7.4
Possession by the Allottee - After obtaining the occupancy certificate* and
handing over physical possession of the [Apartment/Plot] to the Allottees,
it shall be the responsibility of the Promoter to hand over the necessary
documents and plans, including common areas, to the association of
Allottees or the competent authority, as the case may be, as per the local
laws. [Provided that, in the absence of any local law, the promoter shall
handover the necessary documents and plans, including common areas, to the
association of allottees or the competent authority, as the case may be, within
thirty days after obtaining the completion certificate].
7.5
Cancellation by Allottee – The Allottee shall have the right to
cancel/withdraw his allotment in the Project as provided in the Act:
Provided that where the allottee proposes to cancel/withdraw from the
project without any fault of the promoter, the promoter herein is entitled to
14
forfeit the booking amount paid for the allotment. The balance amount of
money paid by the allottee shall be returned by the promoter to the allottee
within 45 days of such cancellation.
7.6
Compensation - The Promoter shall compensate the Allottee in case of any
loss caused to him due to defective title of the land, on which the
project is being developed or has been developed, in the manner as
provided under the Act and the claim for interest and compensation under
this provision shall not be barred by limitation provided under any law for
the time being in force.
Except for occurrence of a Force Majeure event, if the promoter fails to
complete or is unable to give possession of the [Apartment/Plot] (i) in
accordance with the terms of this Agreement, duly completed by the date
specified i n para 7.1; or (ii) due to discontinuance of his business as a
developer on account of suspension or revocation of the registration under
the Act; or for any other reason; the Promoter shall be liable, on demand to
the allottees, in case the Allottee wishes to withdraw from the Project,
without prejudice to any other remedy available, to return the total amount
received by him in respect of the [Apartment/Plot], with interest at the
rate prescribed in the Rules including compensation in the manner as
provided under the Act within forty-five days of it becoming due. Provided
that where if the Allottee does not intend to withdraw from the Project, the
Promoter shall pay the Allottee interest at the rate prescribed in the Rules for
every month of delay, till the handing over of the possession of the
[Apartment/Plot], which shall be paid by the promoter to the allottee within
forty-five days of it becoming due.
8.
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER:
The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land;
the requisite rights to carry out development upon the said Land and absolute,
actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent
Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;
[in case there are any encumbrances on the land provide details of such
encumbrances including any rights, title, interest and name of party in or over such
land]
(iv) There are no litigations pending before any Court of law or Authority with respect
to the said Land, Project or the [Apartment/Plot];
15
(v) All approvals, licenses and permits issued by the competent authorities with
respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and
have been obtained by following due process of law. Further, the Promoter has
been and shall, at all times, remain to be in compliance with all applicable laws in
relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or
omitted to perform any act or thing, whereby the right, title and interest of the
Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development
agreement or any other agreement / arrangement with any person or party with
respect to the said Land, including the Project and the said [Apartment/Plot] which
will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever
from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in
this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover
lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the
Allottee and the common areas to the Association of the allottees or the competent
authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part
thereof is owned by any minor and/or no minor has any right, title and claim over
the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all
governmental dues, rates, charges and taxes and other monies, levies,
impositions,
premiums,
damages
and/or
penalties
and
other
outgoings,
whatsoever, payable with respect to the said project to the competent Authorities
till the completion certificate has been issued and possession of apartment, plot or
buildings, as the case may be, along with common areas (equipped with all the
specifications, amenities and facilities) has been handed over to the allottee and the
association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any
legislative enactment, government ordinance, order, notification (including any
notice for acquisition or requisition of the said property) has been received by or
served upon the Promoter in respect of the said Land and/or the Project.
9.
EVENTS OF DEFAULTS AND CONSEQUENCES:
9.1
Subject to the Force Majeure clause, the Promoter shall be considered
under a condition of Default, in the following events:
16
(i) Promoter fails to provide ready to move in possession of the
[Apartment/Plot] to the Allottee within the time period specified in para 7.1
or fails to complete the project within the stipulated time disclosed at the time
of registration of the project with the Authority. For the purpose of this para,
‘ready to move in possession’ shall mean that the apartment shall be in a
habitable condition which is complete in all respect including the provision
of all specifications, amenities and facilities, as agreed to between the
parties, and for which occupation certificate and completion certificate, as
the case may be, has been issued by the competent authority;
(ii) Discontinuance of the Promoter’s business as a developer on account of
suspension or revocation of his registration under the provisions of the Act
or the rules or regulations made thereunder.
9.2
In case of Default by Promoter under the conditions listed above, Allottee is
entitled to the following:
(i) Stop making further payments to Promoter as demanded by the
Promoter. If the Allottee stops making payments, the Promoter shall
correct the situation by completing the construction milestones and only
thereafter the Allottee be required to make the next payment without any
interest; or
(ii) The Allottee shall have the option of terminating the Agreement in which
case the Promoter shall be liable to refund the entire money paid by the
Allottee under any head whatsoever towards the purchase of the
apartment, along with interest at the rate prescribed in the Rules within
forty-five days of receiving the termination notice:
Provided that where an Allottee does not intend to withdraw from the
project or terminate the Agreement, he shall be paid, by the promoter,
interest at the rate prescribed in the Rules, for every month of delay till
the handing over of the possession of the [Apartment/Plot], which shall
be paid by the promoter to the allottee within forty-five days of it
becoming due.
9.3
The Allottee shall be considered under a condition of Default, on the
occurrence of the following events:
(i) In case the Allottee fails to make payments for ____________
consecutive demands made by the Promoter as per the Payment Plan
annexed hereto, despite having been issued notice in that regard the
allottee shall be liable to pay interest to the promoter on the unpaid
amount at the rate prescribed in the Rules;
(ii) In case of Default by Allottee under the condition listed above continues
for a period beyond _____________ consecutive months after notice from
the Promoter in this regard, the Promoter may cancel the allotment of
the [Apartment/Plot], in favour of the Allottee and refund the money paid
17
to him by the allottee by deducting the booking amount and the interest
liabilities and this Agreement shall thereupon stand terminated. Provided
that the promoter shall intimate the allottee about such termination at least
thirty days prior to such termination.
10.
CONVEYANCE OF THE SAID APARTMENT:
The Promoter, on receipt of Total Price of the [Apartment/Plot] as per 1.2 under the
Agreement from the Allottee, shall execute a conveyance deed and convey the title of
the [Apartment/Plot] together with proportionate indivisible share in the Common
Areas within 3 months from the date of issuance of the occupancy certificate* and
the completion certificate, as the case may be, to the allottee. [Provided that, in the
absence of local law, the conveyance deed in favour of the allottee shall be carried
out by the promoter within 3 months from the date of issue of occupancy certificate].
However, in case the Allottee fails to deposit the stamp duty and / or registration
charges within the period mentioned in the notice, the allottee authorized the
promoter to withhold registration of the conveyance deed in his/her favour till
payment of stamp duty and registration charges to the promoter is made by the
allottee.
11.
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT:
The Promoter shall be responsible to provide and maintain essential services in
the Project till the taking over of the maintenance of the project by the association
of the allottees upon the issuance of the completion certificate of the project. The
cost of such maintenance has been included in the Total Price of the
[Apartment/Plot].
12.
DEFECT LIABILITY:
It is agreed that in case any structural defect or any other defect in
workmanship, quality or provision of services or any other obligations of the
Promoter as per the agreement for sale relating to such development is brought to
the notice of the Promoter within a period of 5 (five) years by the Allottee from
the date of handing over possession, it shall be the duty of the Promoter to rectify
such defects without further charge, within 30 (thirty) days, and in the event of
Promoter’s failure to rectify such defects within such time, the aggrieved
Allottees shall be entitled to receive appropriate compensation in the manner as
provided under the Act.
13.
RIGHT TO ENTER THE APARTMENT FOR REPAIRS:
The Promoter /maintenance agency /association of allottees shall have rights of
unrestricted access of all Common Areas, garages/covered parking and parking
spaces for providing necessary maintenance services and the Allottee agrees to
permit the association of Allottees and/or maintenance agency to enter into the
[Apartment/Plot] or any part thereof, after due notice and during the normal working
hours, unless the circumstances warrant otherwise, with a view to set right any
defect.
18
14.
USAGE:
Use of Basement and Service Areas: The basement(s) and service areas, if any, as
located within the _____________________ (Project name), shall be earmarked for
purposes such as parking spaces and services including but not limited to electric
sub-station, transformer, DG set rooms, underground water tanks, pump rooms,
maintenance and service rooms, fire fighting pumps and equipment’s etc. and other
permitted uses as per sanctioned plans. The Allottee shall not be permitted to use
the services areas and the basements in any manner whatsoever, other than those
earmarked as parking spaces, and the same shall be reserved for use by the
association of Allottees formed by the Allottees for rendering maintenance services.
15.
GENERAL COMPLIANCE WITH RESPECT TO THE APARTMENT:
15.1 Subject to Para 12 above, the Allottee shall, after taking possession, be solely
responsible to maintain the [Apartment /Plot] at his/her own cost, in good
repair and condition and shall not do or suffer to be done anything in or
to the Building, or the [Apartment/Plot] 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 authority or change or alter or make
additions to the [Apartment / Plot] and keep the [Apartment / Plot] , its
walls and partitions, sewers, drains, pipe and appurtenances thereto or
belonging thereto, in good and tenantable repair and maintain the same in a
fit and proper condition and ensure that the support, shelter etc. of the
Building is not in any way damaged or jeopardized.
15.2 The Allottee further undertakes, assures and guarantees that he/she would
not put any sign-board / name-plate, neon light, publicity material or
advertisement material etc. on the face / facade of the Building or anywhere
on the exterior of the Project, buildings therein or Common Areas. The
Allottees shall also not change the colour scheme of the outer walls or
painting of the exterior side of the windows or carry out any change in
the exterior elevation or design. Further the Allottee shall not store any
hazardous or combustible goods in the [Apartment / Plot] or place any heavy
material in the common passages or staircase of the Building. The Allottee
shall also not remove any wall, including the outer and load bearing wall of
the [Apartment / Plot].
15.3 The Allottee shall plan and distribute its electrical load in conformity with
the electrical systems installed by the Promoter and thereafter the association
of Allottees and/or maintenance agency appointed by association of
Allottees. The Allottee shall be responsible for any loss or damages
arising out of breach of any of the aforesaid conditions.
19
16.
COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY PARTIES:
The parties are entering into this Agreement for the allotment of a [Apartment/Plot]
with the full knowledge of all laws, rules, regulations, notifications applicable to
the Project.
17.
ADDITIONAL CONSTRUCTIONS:
The Promoter undertakes that it has no right to make additions or to put up additional
structure(s) anywhere in the Project after the building plan, layout plan, sanction plan
and specifications, amenities and facilities has been approved by the competent
authority(ies) and disclosed, except for as provided in the Act.
18.
PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE:
After the Promoter executes this Agreement he shall not mortgage or create a charge
on the [Apartment/Plot/Building] and if any such mortgage or charge is made or
created then notwithstanding anything contained in any other law for the time being
in force, such mortgage or charge shall not affect the right and interest of the
Allottee who has taken or agreed to take such [Apartment/Plot/Building].
19.
THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972 and THE
KARNATAKA
OWNERSHIP
FLATS
(REGULATION
OF
THE
PROMOTION OF THE CONSTRUCTION, SALE, MANAGEMENT AND
TRANSFER) ACT, 1972:
The Promoter has assured the Allottees that the project in its entirety is in
accordance with the provisions of the Karnataka Apartment of Ownership Act,
1972(Karnataka Act 17 of 1973) and the Karnataka Ownership Flats (Regulation of
the Promotion of the Construction, Sale, Management and Transfer) Act, 1971. The
Promoter showing compliance of various laws/regulations as applicable in the State
of Karnataka and its revision thereafter from time to time (xx - here specify the
details………..).
20.
BINDING EFFECT:
Forwarding this Agreement to the Allottee by the Promoter does not create a
binding obligation on the part of the Promoter or the Allottee until, firstly, the
Allottee signs and delivers this Agreement with all the schedules along with the
payments due as stipulated in the Payment Plan within 30 (thirty) days from the
date of receipt by the Allottee and secondly, appears for registration of the same
before the concerned Sub-Registrar ____________ (specify the address of the Sub-
Registrar) as and when intimated by the Promoter. If the Allottee(s) fails to
execute and deliver to the Promoter this Agreement within 30 (thirty) days from the
date of its receipt by the Allottee and/or appear before the Sub-Registrar for its
registration as and when intimated by the Promoter, then the Promoter shall serve
a notice to the Allottee for rectifying the default, which if not rectified within 30
20
(thirty) days from the date of its receipt by the Allottee, application of the
Allottee shall be treated as cancelled and all sums deposited by the Allottee in
connection therewith including the booking amount shall be returned to the Allottee
without any interest or compensation whatsoever.
21.
ENTIRE AGREEMENT:
This Agreement, along with its schedules, constitutes the entire Agreement
between the Parties with respect to the subject matter hereof and supersedes any
and all understandings, any other agreements, allotment letter, correspondences,
arrangements whether written or oral, if any, between the Parties in regard to the
said apartment/plot/building, as the case may be.
22.
RIGHT TO AMEND:
This Agreement may only be amended through written consent of the Parties.
23.
PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE OR
SUBSEQUENT ALLOTTEES:
It is clearly understood and so agreed by and between the Parties hereto that all
the provisions contained herein and the obligations arising hereunder in respect
of the [Apartment/Plot] and the project shall equally be applicable to and
enforceable against and by any subsequent Allottees of the [Apartment/Plot], in case
of a transfer, as the said obligations go along with the [Apartment/Plot] for all intents
and purposes.
24.
WAIVER NOT A LIMITATION TO ENFORCE:
24.1 The Promoter may, at its sole option and discretion, without prejudice to its
rights as set out in this Agreement, waive the breach by the Allottee in not
making payments as per the Payment Plan [Annexure C] including waiving
the payment of interest for delayed payment. It is made clear and so agreed
by the Allottee that exercise of discretion by the Promoter in the case of
one Allottee shall not be construed to be a precedent and /or binding on the
Promoter to exercise such discretion in the case of other Allottees.
24.2 Failure on the part of the Promoter to enforce at any time or for any period of
time the provisions hereof shall not be construed to be a waiver of any
provisions or of the right thereafter to enforce each and every provision.
25.
SEVERABILITY:
If any provision of this Agreement shall be determined to be void or unenforceable
under the Act or the Rules and Regulations made thereunder or under other
applicable laws, such provisions of the Agreement shall be deemed amended or
deleted in so far as reasonably inconsistent with the purpose of this Agreement
and to the extent necessary to conform to Act or the Rules and Regulations
21
made thereunder or the applicable law, as the case may be, and the remaining
provisions of this Agreement shall remain valid and enforceable as applicable at
the time of execution of this Agreement.
26.
METHOD
OF
CALCULATION
OF
PROPORTIONATE
SHARE
WHEREVER REFERRED TO IN THE AGREEMENT:
Wherever in this Agreement it is stipulated that the Allottee has to make any
payment, in common with other Allottee(s) in Project, the same shall be the
proportion which the carpet area of the [Apartment/Plot] bears to the total carpet
area of all the [Apartments/Plots] in the Project.
27.
FURTHER ASSURANCES:
Both Parties agree that they shall execute, acknowledge and deliver to the other
such instruments and take such other actions, in additions to the instruments and
actions specifically provided for herein, as may be reasonably required in order to
effectuate the provisions of this Agreement or of any transaction contemplated
herein or to confirm or perfect any right to be created or transferred hereunder or
pursuant to any such transaction.
28.
PLACE OF EXECUTION:
The execution of this Agreement shall be complete only upon its execution by the
Promoter through its authorized signatory at the Promoter’s Office, or at some other
place, which may be mutually agreed between the Promoter and the Allottee, in
________________________ after the Agreement is duly executed by the Allottee
and the Promoter or simultaneously with the execution the said Agreement shall be
registered at the office of the Sub-Registrar at _________________ (specify the
address of the Sub-Registrar). Hence this Agreement shall be deemed to have been
executed at _____________________________.
29.
NOTICES:
That all notices to be served on the Allottee and the Promoter as contemplated by
this Agreement shall be deemed to have been duly served if sent to the Allottee
or the Promoter by Registered Post at their respective addresses specified below:
___________________ Name of Allottee
___________________ (Allottee Address)
M/s ______________ Promoter name
___________________ (Promoter Address)
It shall be the duty of the Allottee and the promoter to inform each other of any
change in address subsequent to the execution of this Agreement in the above
address by Registered Post failing which all communications and letters posted at
22
the above address shall be deemed to have been received by the promoter or the
Allottee, as the case may be.
30.
JOINT ALLOTTEES:
That in case there are Joint Allottees all communications shall be sent by the
Promoter to the Allottee whose name appears first and at the address given by
him/her which shall for all intents and purposes to consider as properly served on all
the Allottees.
31.
SAVINGS:
Any application letter, allotment letter, agreement, or any other document signed by
the allottee, in respect of the apartment, plot or building, as the case may be, prior to
the execution and registration of this Agreement for Sale for such apartment, plot or
building, as the case may be, shall not be constructed to limit the rights and interest
of the allottee under the Agreement of Sale or under the Act or the rules or the
regulations made thereunder.
32.
GOVERNING LAW:
That the rights and obligations of the parties under or arising out of this
Agreement shall be construed and enforced in accordance with the Act and the
Rules and Regulations made thereunder including other applicable laws of India for
the time being in force.
33.
DISPUTE RESOLUTION.-
All or any disputes arising out or touching upon or in relation to the terms and
conditions of this Agreement, including the interpretation and validity of the
terms thereof and the respective rights and obligations of the Parties, shall be settled
amicably by mutual discussion, failing which the same shall be settled through
the adjudicating officer appointed under the Act.
[Please insert any other terms and conditions as per the contractual
understanding between the parties, however, please ensure that such additional
terms and conditions are not in derogation of or inconsistent with the terms and
conditions set out above or the Act and the Rules and Regulations made thereunder.]
IN WITNESS WHEREOF parties hereinabove named have set their respective hands
and signed this Agreement for sale at ___________________ (city/town name) in the
presence of attesting witness, signing as such on the day first above written.
23
SIGNED AND DELIVERED BY THE WITHIN NAMED:
Allottee: (including joint buyers)
(1) Signature ____________________
Name ________________________
Address ______________________
(2) Signature ____________________
Name ________________________
Address ______________________
SIGNED AND DELIVERED BY THE WITHIN NAMED
Promoter:
(1) Signature (Authorized Signatory) _______________
Name _______________________
Address _____________________
At _________________ on _________ in the presence of:
WITNESSES:
1. Signature ___________________
Name _______________________
Address _____________________
2. Signature ___________________
Name _______________________
Address _____________________
SCHEDULE ‘A’ -
PLEASE INSERT DESCRIPTION OF THE
[Apartment/Plot]
AND
THE
GARAGE/
COVERED
PARKING
(IF
APPLICABLE)
ALONG WITH BOUNDARIES IN ALL FOUR
DIRECTIONS
SCHEDULE ‘B’ -
FLOOR PLAN OF THE APARTMENT
SCHEDULE ‘C’ -
PAYMENT PLAN BY THE ALLOTTEE
Please affix
photograph
and sign
across the
photograph
Please affix
photograph
and sign
across the
photograph
Please affix
photograph
and sign
across the
photograph
24
SCHEDULE ‘D’ -
SPECIFICATIONS, AMENITIES, FACILITIES
(WHICH
ARE
PART
OF
THE
APARTMENT/PLOT)
SCHEDULE ‘E’ -
SPECIFICATIONS, AMENITIES, FACILITIES
(WHICH ARE PART OF THE PROJECT)
SCHEDULE ‘F’ -
DESCRIPTION OF THE ENTIRE PROPETY
COVERED AS PER SANCTIONED PLAN,
WITH DETAILS OF BOUNDARIES (EST,
WEST, NORTH AND SOUTH). THE AREA
SHALL
BE
MENTIONED
IN
SQUARE
METERS. IF THE SITAL AREA IS IN
IRREGULAR SHAPE TOTAL AREA SHALL
BE CALCULATED AS PER THE TOTAL
STATION SKETCH AND ENGINEERING
AREA CALCULATION.
SCHEDULE ‘G’-
DETAILS OF THE COMMON AREA.
[The ‘Schedules’ to this Agreement for Sale shall be as agreed to between the Parties]
BY ORDER AND IN THE NAME OF
THE GOVERNOR OF KARNATAKA
(C. SHIVANNA)
Under Secretary to Government-1,
Housing Department.
*or such other certificate by whatever name called issued by the competent authority.
ಮುದῢಕರು ಾಗೂ ಪῢ΅ಾಶಕರು:- ಸಂಕಲಾ⁃΅ಾ⁋ಗಳು, ಕಾῇಟಕ ಾಜῡಪತῢ, ಸ΅ಾῇ⁋ ⁓ೕಂದῢ ಮುದῢῺಾಲಯ, ಂಗಳೂರು.
R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 297
SUNIL GARDE
Digitally signed by SUNIL GARDE
Date: 2020.01.07 04:36:31
+05'30'