AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE (“Agreement”) is made at Mumbai on this

__________ day of _________________, 20___;

BETWEEN

TRANSCON DEVELOPERS PRIVATE LIMITED, a company incorporated

under the provisions of Companies Act, 1956 having its registered office at
“Transcon Triumph”, Off. New Link Road, Next to Oberoi Springs, Andheri (West),
Mumbai - 400 053, hereinafter referred to as the “Promoters” (which expression
shall, unless it be repugnant to the context or meaning thereof, be deemed to mean
and include its successor/s and assigns) of the ONE PART;

AND

Mr./Mrs./Miss._______________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Indian Inhabitant(s) residing at
___________________________________________________________________
____________________________________________________________________
____________________________________________________________________

OR

M/s.________________________________________________________________,
a partnership firm registered under the Indian Partnership Act 1932 and carrying on
its business at _________________________________________________

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____________________________________________________________________
____________________________________________________________________
____________

OR

__________________________________________________________, a company
registered under the Indian Companies Act 1913 / Companies Act 1956/ Companies
Act 2013 having its registered office at ________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________

JOINTLY WITH

Mr./Mrs./Miss._______________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Indian Inhabitant(s) residing at
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
_______________

hereinafter jointly and severally referred to as the “Purchaser/s” (which expression

shall, unless it be repugnant to the context or meaning thereof, be deemed to mean
and include, in the case of an individual/s, his or her or their heirs, executors,
administrators and permitted assigns, and in the case of a Partnership firm, the
partners from time to time constituting the firm and the survivors or survivor of them
and the heirs, executors and administrators of the last surviving partner and
their/his/her permitted assigns and in case of a HUF the members of HUF from time
to time and the last surviving member of the HUF and the heirs, executors,
administrators and assigns of such last surviving member of the HUF and in the case
of a company or a society or a body corporate, its successors and permitted assigns)
of the OTHER PART.

(The Promoters and the Purchaser/s are hereinafter collectively referred to as “the
Parties”)

WHEREAS:

A. M/s. MNP Associates, a partnership firm registered under the Indian

Partnership Act, 1932 and having its principal place of business at C-302, 3rd
Floor, Waterford Building, Above Navnit Motors, Juhu Lane, Andheri (West)
400 058 (“MNP”) is the owner inter-alia of all that piece and parcel of land
admeasuring 8757.50 square meters or thereabouts bearing Survey No.48,
Hissa No.4 (part) corresponding to CTS No. 704 and 704/1 to 79, situate,
lying and being at Village Oshiwara, Taluka Andheri, Mumbai Suburban
District and shown in red colour hatch lines on the plan annexed hereto and
marked as Annexure “A1” (hereinafter referred to as the “MNP Property”).

B. By Agreement dated 2nd June, 2011 read with Agreement dated 24th

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September, 2012 and Amendment Agreement dated 3rd April, 2017, MNP
granted development rights in respect of the MNP Property to the Promoters,
on the terms and conditions contained therein.

C. The Promoters are the owners of all that piece and parcel of land bearing Plot
No.B-63 admeasuring 2,237.5 square meters or thereabouts bearing Survey
No.41 (part) corresponding to CTS No.702 situate, lying and being at Village
Oshiwara, Taluka Andheri, Mumbai Suburban District and shown in blue
colour hatch lines on the plan annexed hereto and marked as Annexure “A1”
(hereinafter referred to as the “First TDPL Property”). The Promoters have
acquired the First TDPL Property from Surinderpal Singh Suri carrying on
business in name and style of M/s. S. D. Corporation vide a Deed of
Conveyance dated 13th August, 2015 registered with the Sub Registrar of
Assurance at Andheri 4 under registration No. BDR15-7063-2015. M/s.
Samrat Associates, a partnership firm was the confirming party to this Deed
of Conveyance.

D. The Promoters are the owners of all that piece and parcel of land
admeasuring 500 square meters or thereabouts bearing Survey No.48, Hissa
no.4 (part) corresponding to CTS No.705 (part) and 705/2 situate, lying and
being at Village Oshiwara, Taluka Andheri, Mumbai Suburban District and
shown in light blue colour hatch lines on the plan annexed hereto and marked
as Annexure “A1” (hereinafter referred to as the “Second TDPL
Property”). The Promoters have acquired the Second TDPL Property from
Mr. Peter G. Almeida and Mr. George A. D’cruz by a Deed of Conveyance
dated 21st March, 2017 registered with the Sub Registrar of Assurances at
Andheri 4 under registration no. BDR15-1735-2017.

E. M/s. Transcon Enterprises (earlier known as M/s Sahajanand Enterprises), a

partnership firm registered under the Indian Partnership Act, 1932 and having
its principal place of business at 275/9, Jethwa Niwas, Jawahar Nagar, 12
Goregaon West, Mumbai 400062 (“Sahajanand”) is the owner of all that
piece and parcel of land admeasuring (i) 1,691 square meters or thereabouts
bearing Survey No. 48 Hissa No. 3 (part) and corresponding CTS Nos.
720/A/5 (part), 720/84 to 142, 720/155 to 162 (ii) 1,659 square meters or
thereabouts bearing Survey No. 48 Hissa No. 4 (part) and corresponding CTS
Nos. 725 (part), 725/19 to 22, 725/24 to 70, (iii) 275 square meters or
thereabouts bearing Survey No. 48 Hissa No. 3 (part) and corresponding CTS
No. 720/A/5 (part) and (iv) 435 square meters or thereabouts bearing Survey
No. 48 Hissa No. 5 (part) and corresponding CTS No. 728, all situate, lying
and being at Village Oshiwara, Taluka Andheri, Mumbai Suburban District
and shown in green colour hatch lines on the plan annexed hereto and marked
as Annexure “A1” and the structures standing thereon (hereinafter referred
to as the “First Sahajanand Property”).

F. By and under Agreement dated 28th July 2014 registered with Sub-Registrar
of Assurances at Andheri 1 under serial no. BDR1 – 6003 of 2014, M/s.
Laxmi Stone Supply Company, a partnership firm having its principle place
of business at C-302, 3rd Floor, Waterford Building, Juhu Lane, above
Navnit Motors, Andheri (West), Mumbai 400 058 (“Laxmi Stone”), granted
to Sahajanand, development rights in respect of several pieces and parcels of
land admeasuring 947 square meters or thereabouts bearing Survey No.48,
Hissa 4 (part) corresponding to CTS No.725(part) situate, lying and being at
Village Oshiwara, Mumbai Suburban District and shown in orange colour

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hatch lines on the plan annexed hereto and marked as Annexure “A1” and
the structures standing thereon (hereinafter referred to as the “Second
Sahajanand Property”).

G. By and under Agreement dated 28th July 2014 registered with Sub-Registrar
of Assurances at Andheri 1 under serial no. BDR1 – 6076 of 2014, MNP has
granted to Sahajanand, right to develop all that piece and parcel of land
bearing CTS no.720/A/5 (part) admeasuring 398.7 square metres or
thereabouts and CTS no.730 admeasuring 34.4 square metres or thereabouts,
in aggregate admeasuring 467.5 square meters or thereabouts situate, lying
and being at Village Oshiwara, Mumbai Suburban District and shown in
yellow colour hatch lines on the plan annexed hereto and marked as
Annexure “A1” and the structures standing thereon (hereinafter referred to
as the “Third Sahajanand Property”). The First Sahajanand Property, the
Second Sahajanand Property and the Third Sahajanand Property are
hereinafter collectively referred to as the “Sahajanand Property”.

H. (a) Manohar Mukkannappa Kori (HUF) is owner of several pieces and

parcels of land bearing (i) Survey No.46, Hissa No.Nil and Survey No.48A
Hissa No.3 corresponding to CTS Nos.695, 731, 731/1 and (2) Survey
No.48A, Hissa No.2 corresponding to CTS No.729 totally admeasuring
3,892.90 square metres or thereabouts situate, lying and being at Village
Oshiwara, Taluka Andheri, Mumbai Suburban District and shown in brown
colour hatch lines on the plan annexed hereto and marked as Annexure “A1”
and the structures standing thereon (hereinafter referred to as the “Kori HUF
Property”); (b) Manohar Mukkannappa Kori is the owner of or entitled to
several pieces and parcels of land bearing (i) Survey No.47 (Part)
corresponding to Old CTS No.720 (Part) and now bearing New CTS
No.720/A/6 (part) admeasuring 563 square meters or thereabouts, (ii) Survey
No.48, Hissa No.4 (part) corresponding to CTS No.728 (part) admeasuring
481 square meters or thereabouts and (iii) CTS No.730 admeasuring 34.4
square metres or thereabouts, all situate, lying and being at Village Oshiwara,
Mumbai Suburban District and shown in pink colour hatch lines on the plan
annexed hereto and marked as Annexure “A1” and the structures standing
thereon (hereinafter referred to as the “Kori Personal Property”); (c)
Basanagauda Gurabasappa Biradar is entitled to 1/4th undivided share in
several pieces and parcels of land bearing Survey No.48, Hissa No.4 (part)
corresponding CTS Nos.732, 732/1 to 15 situate, lying and being at Village
Oshiwara, Mumbai Suburban District and shown in violet colour hatch lines
on the plan annexed hereto and marked as Annexure “A1” and the structures
standing thereon (hereinafter referred to as the “Biradar Property”). Kori
HUF Property, Kori Personal Property and Biradar Property are hereinafter
collectively referred to as the “Kori Properties” and Manohar Mukkannappa
Kori (HUF), Manohar Mukkannappa Kori and Basanagauda Gurabasappa
Biradar are hereinafter collectively referred to as “Kori and Others”. A
Memorandum of Understanding dated 11th January 2016 has been executed
with Kori and Others for development of the Kori Properties.

I. The Promoters and/ or Sahajanand are in process of acquiring other

properties in and/or around the MNP Property, First TDPL Property, Second
TDPL Property, the Sahajanand Property and the Kori Properties (hereinafter
referred to as the “Other Properties”). The Other Properties are shown in
grey colour hatch lines on the plan annexed hereto and marked as Annexure
“A1”.

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J. Unless referred to individually, the MNP Property, First TDPL Property,

Second TDPL Property, Sahajanand Property, Kori Properties and Other
Properties, are hereinafter collectively referred to as the “Larger Property”).

K. There are/were slums/structures inter-alia on the said Property (defined

herein below). By a Notification dated 30th April, 1979 bearing reference no.
DC/ENC/B/143 issued by the Slum Rehabilitation Authority (“SRA”), a
portion of the MNP Property is declared as Slum under the provisions of the
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act,
1971 (“SRA Act”). Save and except five slum tenements, one religious
structure and one factory/structure, all other slum dwellers have vacated their
respective slum tenements from the MNP Property.

L. The Larger Property is proposed to be developed in a phase wise and/or

project wise, manner.

M. The SRA has interalia approved the Slum Rehabilitation Scheme on a portion
of MNP Property under the aegis of Regulation 33(10) and 33(14) of
Development Control Regulations for Greater Mumbai, 1991 (“DCR”) read
with the Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act, 1971 on the terms and conditions as contained therein.
In pursuance of the said scheme, the Promoters have constructed the rehab
building. The SRA has by its letter dated 23rd November 2016 issued part
occupation certificate for the said rehab building and the Promoter has
handed over the rehab tenements to the eligible slum dwellers.

N. A portion admeasuring 1283.78 square metres or thereabouts of the MNP

Property is shown in black colour boundary and pink colour hatch lines on
the plan annexed hereto and marked as Annexure “A2” and is more
particularly described in the First Schedule hereunder written and is
hereinafter referred to as the “said Property”. The development and
construction of the said Property comprises of one Building of 2 (two) wings
to be known as “Transcon Triumph – Tower 1”, consisting of residential
premises and having 1 Basement, 1 Ground, 3 Podiums, 1 E – Deck i.e. 6
levels and 36 upper floors (hereinafter referred to as the “Project 1”).

O. The Promoters are constructing the said Building known as “Transcon

Triumph – Tower 1” on the said Property being Project 1 as a phase of a
real estate project and as such is a separate project as provided under Section
3 of the Real Estate (Regulation and Development) Act, 2016 (“RERA”)
read with the Maharashtra Real Estate (Regulation and Development) Rules,
2017 (“RERA Rules”). The Project 1 is registered under the provisions of
RERA at no. P51800005361. A copy of RERA Certificate is annexed hereto
and marked as Annexure “A3”.

P. The SRA has presently sanctioned the plans inter-alia for construction of the
said Building (i.e. Project 1) on the said Property and has issued Letter of
Intent bearing no. SRA/ DDTP/ 0219/ KW/PL/LOI (“LOI”), Intimation of
Approval bearing No. SRA/ DDTP/ 633/ KW/ PL/ AP (“IOA”) and
Commencement Certificate bearing No. SRA/ DDTP/ 633/ KW/ PL/ AP
(“CC”) (as amended from time to time). The copies of the Property Register
Cards in respect of the said MNP Property and First TDPL Property are
annexed hereto and collectively marked as Annexure “B”. Hereto annexed

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and marked as Annexures “C-1”, “C-2” and “C-3” are the copies of latest
IOA, CC and LOI. There is a right of way/ access, which is shown in grey
colour wash on the plan being Annexure “A1” hereto, going to the said
Property through the First TDPL Property, the Second TDPL Property, the
Sahajanand Property, Kori Properties and remaining portion of the MNP
Property.

Q. A copy of the approval for the layout issued by the Slum Rehabilitation
Authority is annexed hereto and marked as Annexure “C-4” and the copy of
the plan of the layout in respect of the Larger Property as proposed to be
developed by the Promoters is annexed hereto and marked as Annexure “C-
5”.

R. The Purchaser/s is/are aware that layout of the Larger Property including the
right of way/ access, prepared by the Promoters is a tentative layout, showing
inter-alia the different portions presently envisaged to be developed by the
Promoters and/or MNP and/or Sahajanand and is likely to be changed or
revised as per the requirements of the Promoters and/or MNP and/or
Sahajanand and/or SRA and/or Municipal Corporation of Greater Mumbai
(“MCGM”) and/or other statutory authorities. The Promoters, MNP,
Sahajanand reserve their right to alter the layout design, elevation etc. /make
variations in the layout with such modifications thereto as the Promoters,
MNP and/or Sahajanand may from time to time determine/ or as may be
required, without the consent of the Purchaser/s.

S. While sanctioning the said plans, the authorities and/or Government have laid
down certain terms, conditions, stipulations and restrictions which are to be
observed and performed by the Promoters while developing the Project 1 and
upon due observance and performance of which only the completion or
occupancy certificate in respect of the said Project 1 shall be granted by the
concerned authority.

T. The Promoters have entered into a prescribed agreement with an Architect,

registered with the Council of Architects and also appointed a Structural
Engineer for preparing structural designs and drawings and specifications of
the said Building (i.e. Project 1) to be constructed on the said Property and
the Purchaser/s accept/s the professional supervision of the said Architect and
the said Structural Engineer till the completion of the buildings, unless
otherwise changed by the Promoters.

U. M/s. IC Legal, Advocates & Solicitors, have issued a Title Certificate relating
to the said Property. A copy of the said Title Certificate is annexed hereto and
marked as Annexure “D”.

V. The principal and material aspects of the development of the Larger Property
as disclosed by the Promoters are briefly stated below:

(i) The Larger Property would constitute a mixture of users as may be

permissible under applicable law from time to time. The Larger
Property is proposed to be developed in a phase wise and/or project
wise, manner;

(ii) In the Writ Petition No. 1892 of 2013 filed by the Veershaiva Co-
operative Bank Limited and Another against the Reserve Bank of

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India and Others, the Hon’ble Bombay High Court has by its Order
dated 11th February 2016, passed an injunction order, restraining
Manohar Mukkannappa Kori from selling the Kori Properties;

(iii) FSI of 71991.72 square meters is proposed to be consumed on the

said Larger Land as per Development Plan of 2034/ Development
Control Regulation for Greater Mumbai 2034;

(iv) The statutory approvals mandatorily require the Promoters to hand

over certain stipulated percentage of the land forming part of the said
Larger Property to the concerned authorities or develop the same as
public amenity. The Promoters shall determine and identify the
portion and location of such land to be handed over for complying
with the terms and conditions of statutory approvals.

W. The principal and material aspects of the development of the said Property
(i.e. Project 1) as disclosed by the Promoters are briefly stated below-

(i) Project 1 comprises of one Building with two wings known as

Transcon Triumph – Tower 1, consisting of residential premises. The
said Building shall have 1 Basement, 1 Ground, 3 Podiums, 1 E –
Deck i.e. 6 levels and 36 upper floors;

(ii) The SRA has presently sanctioned 1 Basement, 1 Ground, 3 Podiums,

1 E – Deck i.e. 6 levels and 7th to 35th upper floors and the Promoters
are in process of obtaining further approvals and sanctions as
required;

(iii) Total FSI of 19367.79 square meters has been sanctioned for
consumption in the construction and development of the Project 1.
The Promoters propose to consume a further FSI of 12203.61 square
meters thus, aggregating to total FSI of 31571.4 square meters in the
construction and development of the Project 1;

(iv) The Promoters or any other person shall be entitled to put

hoarding/boards of their Brand Name, in any form including of Neon
Signs, MS Letters, Vinyl & Sun Boards on said Larger Land
including on the façade, terrace, compound wall or other part of the
buildings/towers/wings as may be developed from time to time. The
Promoters shall also be entitled to place, select, decide hoarding/board
sites;

X. In these circumstances, the Promoters became entitled to develop inter-alia

the said Property and construct the said Building being Project 1 and sell the
premises therein and entitled to receive the sale consideration in respect
thereof.

Y. There are following litigations filed with respect to the said Project 1. The
said litigations are pending.
a. One Bholanath Hariram Yadav (“Plaintiff”) has filed Suit no. 1890 of
2014 before the City Civil Court at Dindoshi, against MNP inter alia
alleging that MNP has dispossessed the Plaintiff from his hutment,
being a room of about 10’ x 12’ square feet of brick masonary wall
and AC sheet roof (“suit premises”) which was allegedly on a portion

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of the MNP Property and demolished the same. The Plaintiff has inter
alia prayed that directions be issued to MNP to reconstruct the suit
premises. By Order dated 11th August 2014, the City Civil Court has
directed that status quo of the position over the suit premises be
maintained. The said suit is pending.

b. One Rammanohar Hariram Yadav (“Plaintiff”), being brother of the

said Bholanath Hariram Yadav has filed a similar suit, being Suit no.
1891 of 2014 before the City Civil Court at Dindoshi, against MNP
inter alia alleging that MNP has dispossessed the Plaintiff from his
hutment, being a room of about 10’ x 12’ square feet of brick
masonary wall and AC sheet roof (“suit premises”) which was
allegedly on a portion of the MNP Property and demolished the same.
The Plaintiff has inter alia prayed that directions be issued to MNP to
reconstruct the suit premises. By Order dated 11th August 2014, the
City Civil Court has directed that status quo of the position over the
suit premises be maintained. The said suit is pending.

c. One Satish Vishnu Karade filed a police complaint with the Amboli
Police Station under the Protection and Preservation of Trees Act,
1975 and in pursuance thereto, the Amboli Police Station registered
First Information Report against Mr. Vinay Gandecha. The said
matter is pending.

d. MNP has filed Writ Petition no. 2982 of 2017 against the Municipal
Corporation of Greater Mumbai (“MCGM”) and Others
(“Respondents”) before the Hon’ble Bombay High Court Bombay,
challenging the property tax calculation and demand in respect of the
rehab building and the constitutional validity of the amendment to the
Mumbai Municipal Corporation Act, 1888 regarding levy of property
tax. By Ad-Interim Order dated 15th December 2017, the Hon’ble
Court has directed the Respondents to not take any further steps to
enforce the demand subject matter of challenge in the said petition.
The said petition is pending.

e. MNP has filed Writ Petition no. 2983 of 2017 against the Municipal
Corporation of Greater Mumbai (“MCGM”) and Others
(“Respondents”) before the Hon’ble Bombay High Court Bombay,
challenging the property tax calculation and demand in respect of the
Transcon Triumph – Tower 1 (sale building) and the constitutional
validity of the amendment to the Mumbai Municipal Corporation Act,
1888 regarding levy of property tax. By Ad-Interim Order dated 15th
December 2017, the Hon’ble Court has permitted MNP to deposit
50% of the amount subject matter of demand, which is under
challenge and directed the Respondents to not take any further steps
to enforce the demand subject matter of challenge in the said petition.
The said petition is pending.

Z. Piramal Finance Limited (“Piramal”) has sanctioned loan to the Promoters

and as security for repayment of the said loan and all other amounts payable,
mortgage /charge inter alia in respect of (i) the MNP Property, (ii) the First
TDPL Property, (iii) Promoters’ development rights in respect of MNP

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Property, (iv) the Unsold Units of the Project 1; (v) Receivables of the
Project 1; and (vi) Escrow Accounts of Project 1, have been created by and
under Deed of Mortgage dated 25th May 2017, registered with the Sub-
registrar of Assurances at Andheri 1, bearing serial no.BDR-1-5662-2017 in
favour of IDBI Trusteeship Services Limited, a company established under
the Companies Act, 1956 and having its registered office at Asian Building,
Ground Floor, 17, R. Kamani Marg, Ballard Estate, Mumbai - 400001, acting
in its capacity of security trustee in trust and for the benefit of the Piramal
(hereinafter referred to as “Security Trustee”). The Promoters have also
been sanctioned further financial assistance by way of issuance of secured
unrated, unlisted, non-convertible debentures to the Debenture Holders (as
defined therein) and as security for repayment of the said financial assistance
and all other amount payable (a) mortgage / charge in respect of the First
Sahajanand Property, Second Sahajanand Property and Third Sahajanand
Property and (b) second charge on Receivables of Project 1, have been
created by and under Debenture Trust Deed dated 25th May 2017, registered
with the Sub-registrar of Assurances at Andheri 1, bearing serial no. BDR-1-
5663-2017 in favour of IDBI acting in its capacity of Debenture Trustee in
trust and for the benefit of the Debenture Holders (hereinafter referred to as
“Debenture Trustee”). The Promoters have further created a second ranking
charge interalia on the Receivables of the Project 1 in favour of Piramal
Trusteeship Services Private Limited, acting in its capacity of security trustee
in trust and for the benefit of Piramal for securing the due repayment of the
loan availed by Shraddha Shelters Private Limited.

AA. The Purchaser/s has/have demanded inspection from the Promoters and the
Promoters have given inspection to the Purchaser/s of all documents of title
relating inter-alia to the said Property including all the documents mentioned
in the recitals hereinabove and also the plans, designs and specifications
prepared by the Promoters’ Architects, the Title Certificate, revenue records
and all other documents as specified under RERA and the rules made there
under, as amended up to date and the Purchaser/s is/are fully satisfied with
the title of the Promoters in respect of the said Property and the Promoters’
right to allot various flat/ premises in the said Building to be constructed on
the said Property and Purchaser/s has/have agreed not to raise any
requisitions on or objections to the same.

BB. The Purchaser/s after having investigated and after being fully satisfied with
respect to the title of said Property, has/have approached the Promoters and
requested the Promoters to allot to him/her/them a ____ BHK flat bearing
No. ___________ admeasuring ___________ square metres (carpet area)
equivalent to __________ square feet (carpet area) on the __________
Floor in Wing ‘_______’ of the said Building being constructed on the said
Property, which flat is shown in red colour hatch lines on the plan annexed
and marked as Annexure “E” hereto (hereinafter referred to as the “said
Flat”), at the price and on the terms and conditions hereinafter appearing.
The said Flat also has a balcony which admeasures ____ square metres
(carpet area) equivalent to __________ square feet (carpet area).

CC. The Security Trustee / Debenture trustee has accorded its’ no objection for
the allotment of the said Flat to the Purchaser/s on the terms and conditions
contained therein. Hereto annexed and marked as Annexure “F” is no
objection letter issued by the Security Trustee/ Debenture Trustee.

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DD. Copies of following documents are annexed to this Agreement;

i. Plan showing inter-alia the said Larger Property (Annexure “A1”);
ii. Plan showing inter-alia the said Property (Annexure “A2”);
iii. RERA registration certificate (Annexure “A3”);
iv. Property Register Cards in respect of the said MNP Property and the
First TDPL Property (Annexure “B”);
v. IOA, CC and LOI (Annexure “C-1”, “C-2” and “C-3”);
vi. SRA sanctioned layout approval and layout plan of the Larger
Property as proposed to be developed by the Promoter (Annexure
“C-4” and “C-5”);
vii. Title Certificate given by M/s. IC Legal, Advocates and Solicitors
(Annexure “D”);
viii. Floor plan of the said Flat (Annexure “E”);
ix. No Objection issued by the Security Trustee / Debenture Trustee
(Annexure “F”).

EE. Under Section 13 of RERA, the Promoters are required to execute a written
Agreement for Sale in respect of the said Flat, being in fact these presents and
also to register this Agreement under the Indian Registration Act, 1908.

FF. Relying upon the said applications, declaration and agreement herein
contained, the Promoters have agreed to allot to the Purchaser/s the said Flat,
at the price and on the terms and conditions hereinafter appearing.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED

BY AND BETWEEN THE PARTIES HERETO AS UNDER:

1. The Recitals contained above and the Schedules and the Annexures hereto form
an integral and operative part of this Agreement as if the same were set out and
incorporated herein verbatim.

2. The Promoters shall comply with all the terms, conditions, stipulations,
restriction etc., if any, which may have been imposed by the authorities, at the
time of sanctioning of the plans. The Promoters shall construct said Building
known as Transcon Triumph – Tower 1 being Project 1 on the said Property in
accordance with the plans, specifications, designs and elevations as approved by
the concerned local authority and which have been seen and perused by the
Purchaser/s with such variations and modifications as the Promoters may
consider necessary or as may be required by the Government, SRA, MCGM
and/or any other local authority from time to time. The Promoters shall be
entitled to make such variations and/or modifications in the plans as they may
deem fit so long as the area of the said Flat agreed to be allotted to the
Purchaser/s remains unchanged or so long as such variation and/or modification
does not adversely affect the said Flat, without any permission or consent of the
Purchaser/s. The Purchaser/s hereby agree to observe, perform and comply with
all the terms, conditions, stipulations and restrictions, if any, which may have
been imposed/ be imposed by the concerned local authorities and/or Government
bodies at the time of sanction of the said plans or thereafter.

3. The Purchaser/s hereby agree/s to purchase from the Promoters and the
Promoters hereby agree to allot to the Purchaser/s the said Flat being a _______
BHK flat bearing No. _______ on the _______ Floor, admeasuring
__________ square metres (carpet area) equivalent to __________ square
feet (carpet area) in the Wing “______” of the said Building known as

10

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Transcon Triumph – Tower 1 (being Project 1) and as shown in red colour

hatch lines on the typical floor plan annexed and marked as Annexure “E” at
and for the lumpsum price of Rs.______________________________/-
(Rupees ______________________________________________________
_________________________________ Only) (hereinafter referred to as “Sale
Price”) payable by the Purchaser/s to the Promoters in the manner as mentioned
in Clause 9 herein below. The said Flat also has a balcony admeasuring ______
square metres equivalent to ___________ square feet. The said balcony shall be
made available free of cost and without any consideration.

4. The Promoters shall confirm the final carpet area of the said Flat that has been
allotted to the Purchaser 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, subject to a variation cap of three
percent. The total price payable for the carpet area shall be recalculated upon
confirmation by the Promoters. If there is any reduction in the carpet area within
the defined limit then Promoters shall refund the excess money paid by Purchaser
within forty-five days with annual interest at the rate specified in the Rules, from
the date when such an excess amount was paid by the Purchaser. If there is any
increase in the carpet area allotted to Purchaser, the Promoters shall demand
additional amount from the Purchaser as per the next milestone of the Payment
Plan. All these monetary adjustments shall be made at the same rate per square
meter as agreed in Clause 9 of this Agreement.

5. The Promoters hereby declare that the Floor Space Index sanctioned as on date in
respect of the Project 1 is 19367.79 square meters only and Promoters have
planned to utilize Floor Space Index of 31571.40 by availing of TDR and FSI
available on payment of premiums and/or FSI available as incentive FSI by
implementing various scheme as mentioned in the Development Control
Regulation or based on expectation of increased FSI which may be available in
future on modification to Development Control Regulations, which are applicable
to the said Project 1. The Promoters hereby also declare that total Floor Space
Index in respect of the Larger Property is and shall be 71991.72 square meters.
The Promoters have disclosed the Floor Space Index as proposed to be utilized
by them on the said Property and also on the Larger Property and the Purchaser
has agreed to purchase the said Flat based on the proposed construction and sale
of premises to be carried out by the Promoters by utilizing the proposed FSI and
on the understanding that the declared proposed FSI shall belong to Promoters
only.

6. The Promoters have agreed to reserve for the Purchaser/s, _______ stack car
parking space/s (i.e. ____ car parking space/s) (hereinafter referred to as the
“Parking Spaces”), free of cost and without any consideration.

7. The Parking Space is made available free of charge to the Purchaser/s and the
Sale Price agreed to be paid under this Agreement is only for the carpet area of
the said Flat.

8. The Purchaser/s hereby agree/s and confirm/s that the Promoters shall provide the
Parking Spaces, as required under applicable laws, in the said Property or
anywhere in the Larger Property. The location of the Parking Spaces shall be
finalised by the Promoters at the time of handing over possession of the said Flat.

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9. The Purchaser/s hereby agree/s, covenant/s and undertake/s to pay the Sale Price
of Rs.________________________/- (Rupees _________________________
_________________________________________________________________
_______________________________________ Only) plus all taxes, cess, fees,
cost, charges, duties etc. including service tax and /or Value Added Tax (VAT)
and/ or Goods and Services Tax (GST) etc. to the Promoters from time to time in
the manner more particularly described in Annexure “A” hereto. Time for
payment of each instalment is the essence of the contract. The Sale Price is
exclusive of any sums or amounts including service tax, VAT, GST and other
taxes, cess, levies, fees and other charges of any nature whatsoever, as are or may
be applicable and/or payable hereunder or in respect of the said Flat and all such
amounts shall be entirely borne and paid by the Purchaser/s. The Purchaser/s
hereby agree, confirm and undertake that an intimation forwarded by the
Promoters, that a particular stage of construction is commenced or completed
shall be sufficient proof that a particular stage of construction is completed.

10. The Purchaser shall pay to the Promoters escalation / increase in the Sale price if
such escalation / increase is on account of development charges, payable to the
competent authority and/or any other increase in charges, which may be levied or
imposed by any competent authority from time to time. The Promoters may
allow, in its sole discretion, a rebate for early payments of instalments payable by
the Purchaser/s by discounting such early payments at such rates for the period
by which the respective instalment has been preponed.

11. The Purchaser/s shall make all payments of the Sale Price due and/or payable to
the Promoters through an account payee cheque / demand draft / pay order / wire
transfer / any other instrument drawn in favour of “TDPL Transcon Triumph
Master Escrow Account”. In case of any financing arrangement entered by the
Purchaser/s with any financial institution with respect to the said Flat, the
Purchaser/s undertakes to direct such financial institution to, and shall ensure that
such financial institution does disburse/pay all such amounts towards Sale Price
due and payable to the Promoters through an account payee cheque / demand
draft / wire transfer / any other instrument drawn in favour of “TDPL Transcon
Triumph Master Escrow Account”. Any payments made in favour of any other
account other than mentioned hereinabove shall not be treated as payment
towards the said Flat and shall be construed as a breach on the part of the
Purchaser/s, in which event the Promoters shall be entitled to terminate this
Agreement and forfeit the amounts paid by the Purchaser/s to the Promoters in
the manner set out in Clause 17 herein below. Seventy per cent of the amounts
deposited/ transferred to TDPL Transcon Triumph Master Escrow Account, from
time to time shall be deposited in a separate account to be maintained under
Section 4(2)(l)(D) of RERA.

12. The Sale Price is exclusive of all taxes, levies, duties, cesses, etc. In addition to
the Sale Price, the Purchaser/s shall pay all other amounts mentioned herein
including the amounts mentioned in Clauses 37 and 38 hereinafter. Any of the
taxes including Service Tax and /or (VAT) and/ or (GST), levies, duties, cesses
etc. (whether applicable/payable now or become applicable/payable in future),
whether on Sale Price or on other amounts payable under the Agreement, shall be
borne and paid by the Purchaser/s alone and the Promoters shall never be liable,
responsible and/or required to bear, and/or pay the same or any part thereof.

13. The Purchaser/s further agree/s, undertake/s and covenant/s that while making the
payment of instalments of Sale Price, the Purchaser/s shall deduct TDS (presently

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at the rate of 1% of the amount paid) as may be applicable from time to time and
pay the same to the concerned department/ authority. The Purchaser/s after
making payment of each instalments and Service Tax/ GST, on or before 7th day
of next month, shall file Form 26QB with the Income Tax Authority in the
prescribed format and on or before 22nd day of the month in which respective
Form 26QB is filed, shall furnish Form 16B to the Promoters. The Purchaser/s
is/are aware that the time to make the payment of instalments and service tax and
all other taxes and all other amounts as mentioned herein, is the essence of
contract and in event of delay on part of the Purchaser/s to make the payment of
any of the instalment together with Service Tax and/or any other tax (including
delivering From 16B certificate thereof), then without prejudice to right of the
Promoters to cancel and terminate this Agreement, the Purchaser/s shall be liable
to pay interest at the simple rate specified under the RERA Rules per annum to
the Promoters on all delayed payments from the due date till the date of
realization thereof.

14. In the event, the Purchaser/s desire/s to cancel the allotment of said Flat, then
10% of the Sale Price shall stand forfeited and the Purchaser/s shall not be
entitled to receive or recover the said 10% of the Sale Price from the Promoters
and Promoters shall not be liable or responsible for the same. The Purchaser/s
shall also have to bear and pay to the Promoters, at the time of cancellation, the
brokerage charges (if the said Flat is purchased through the broker) which
brokerage shall have been already paid by the Promoters to the broker. The
Promoters shall not be liable to refund Service Tax, VAT, GST and all other
taxes paid or payable on this Agreement and/or on the Sale Price and/or interest
and/or otherwise. The Purchaser/s shall also be liable to pay interest on any
defaulted payment as per the terms, herein contained, at the time of making
accounts when the Purchaser/s has/have expressed his/her/their desire to cancel
the allotment of the said Flat. It is agreed by and between the Parties that all the
above-referred amounts due and payable by the Purchaser/s, as specified
hereinabove, shall be deducted from the amount received by the Promoters from
the Purchaser/s till the time of such cancellation. The Promoters shall return the
balance amount from the Sale Price (if any) to the Purchaser/s without any
interest within a period of 30 days after the said Flat is sold to a third party and
all amounts including consideration amount in respect thereof is received by the
Promoters, and the date on which the said Flat is sold and all amounts including
consideration amount in respect thereof is received by the Promoters, shall be the
date on which refund of the balance amount, if any, shall become due and
payable by the Promoters to the Purchaser.

15.
(A) The Purchaser/s is/are aware that the said Parking Spaces is without
consideration however the Purchaser/s will be bound to abide with the rules
and regulations as may be framed in regard to the said Parking Spaces by the
Promoters and/or the organizations to be formed by all the purchasers of flats
in the said Building and other buildings and/or apex body of such
organizations and shall pay such outgoings in respect of the said Parking
Spaces as may be levied by such organizations/apex body to be formed by
them;

(B) The Purchaser/s herein agree/s and confirm/s that Parking Spaces shall be
used for parking of the motor vehicles only and for no other purpose and that
no alteration and/or modification and /or construction of any nature shall be
carried out in the Parking Spaces;

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(C) The Purchaser/s herein agree and confirm that he/she/they shall not raise any
objection to the designations/selections of parking done/to be done by the
Promoters for other purchaser/s and accepts the designation of the Parking
Spaces allotted to the Purchaser/s herein.

16. The Promoters shall be entitled (but not obliged) to terminate this Agreement on
the happening of any of the following events (“Events of Default”):

(i) If the Purchaser’s commits default in making payment of any of the

amounts and/or instalments of any amount payable under this
Agreement or otherwise;

(ii) If the Purchaser/s commits breach of any other terms, conditions,

covenants and representations of this Agreement and/or any other
writing and/or the terms and conditions of layout, I.O.A., C.C. and/or
any other sanction, permission, approvals, undertakings, writings and
affidavits etc.;

(iii) If the representation, declarations and/or warranties etc. made by the

Purchaser/s in the Booking Form, Allotment Letter, present
Agreement and/or any other documents executed and/or entered into
or to be executed and/or entered into by the Purchaser/s is untrue or
false;

(iv) If the Purchaser/s has/have been declared and/or adjudged to be

insolvent, bankrupt etc. and/or ordered to be wound up;

(v) If the Purchaser/s is/are, convicted of any offence involving moral

turpitude and/or is sentenced to imprisonment for any offence for not
less than six months;

(vi) If Receiver and/or a Liquidator and/or Official Assignee or any

person is appointed of the Purchaser/s or in respect of all or any of the
assets and/or properties of the Purchaser/s; and

(vii) If the Purchaser/s have received any notice from the Government in
India (either Central, State or Local) or foreign Government for the
Purchaser/s involvement in any money laundering or any illegal
activity and/or is declared to be a proclaimed offender and/or a
warrant is issued against him / her / them.

17. On happening or occurring of any of the Events of Default, the Promoters shall,
without prejudice to all other rights that the Promoters may have against the
Purchaser/s either under this Agreement, or in law or otherwise, give 15 days’
notice to the Purchaser/s to rectify/remedy such breach. In the event, Purchaser/s
fail/s to rectify/remedy the breach within the said notice period, then the
Promoters shall be entitled (but shall not be obliged) to (i) forthwith terminate
this Agreement (“Termination Date”) and (ii) forfeit/deduct 10% of the Sale
Price and balance, if any, shall be refunded to the Purchaser/s without any
interest within a period of 30 days after the said Flat is sold to a third party and
all amounts including consideration amount in respect thereof is received by the
Promoters, and the date on which the said Flat is sold and all amounts including
consideration amount in respect thereof is received by the Promoters, shall be the

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date on which refund of the balance amount, if any, shall become due and
payable by the Promoters to the Purchaser. If the Purchaser/s has/have availed
loan from financial institutions, banks or other institutions against the security of
the said Flat then, the Purchaser/s shall clear the mortgage debt outstanding at the
time of such termination. The Purchaser/s, at his/ her/ their own cost and
expenses, shall obtain necessary letter/no due certificate from such financial
institution, banks, etc., stating that the Purchaser/s has/have cleared the mortgage/
debt/ charge within 15 days from the Termination Date. In such an event, the
Purchaser/s shall become entitled to the refund of the amount without any interest
within a period of 30 days after (i) receipt of such letter/no dues certificate from
the financial institution, banks, etc., and (ii) said Flat is sold to a third party and
all amounts including consideration amount in respect thereof is received by the
Promoters. In any event, the Promoters shall be entitled to directly pay the
amount payable to the financial institution, bank, their employer or other such
institutions by the Purchaser/s from the balance amount standing to the credit of
the Purchaser/s with the Promoters (if any) towards the said Flat (paid by
him/her/them to the Promoters towards the Sale Price) to the extent so as to clear
the mortgage/debt/charge on the said Flat. Notwithstanding all that is stated
hereinabove, it shall ALWAYS be obligatory on the part of the Purchaser/s to
pay the instalments of the Sale Price as and when due under the terms of this
Agreement and the Purchaser/s shall duly and promptly pay the instalments of the
Sale Price irrespective of the fact that the Purchaser/s has/have applied for the
loan to such financial institution, banks, their employers or such other institution
and irrespective of the fact that the said loans are under process and sanction is
awaited and/or is rejected.

18. Notwithstanding anything contrary contained herein, in case the Purchaser/s fail
or are otherwise unable to make payment of any of the amounts and/or
instalments of any amount payable under this Agreement or otherwise, to the
Promoters, then the Promoters shall without prejudice to any other rights or
remedies that it may have against the Purchaser/s, including the right to terminate
and forfeit 10% of the Sale Price and put an end to this Agreement as mentioned
herein, be entitled to receive and recover from the Purchaser/s and the
Purchaser/s shall pay to the Promoters simple interest on all outstanding payment
at the rate specified under the RERA Rules per annum from the due date till the
date of realization thereof.

19. The Promoter is not making any statement, declaration, representation,

warranties, guarantees etc. with respect to the show flat, height of the ceiling of
the show flat, measurements, layout of the show flat, area of the show flat, paints,
fixtures and fittings, furniture, devices, appliances, electrical fittings, interiors,
artefacts, designs and all other items, lobby, landscaping, amenities etc., and The
Promoter does not warrant and/or guarantee the accuracy with respect to the
same, and the same shall not be provided by The Promoter, in the said Flat and/or
any other flat and/or in the Project 1. The information, depictions, fixtures,
fittings, furniture, pictures, drawings, images etc., with regards to the show flat
and the information, depictions of the lobby, landscaping, amenities, fixtures,
furniture, interiors, designs and all other items with regard to the same shall not
be relied upon by the Purchaser/s as statements and/or representations of fact, and
the Purchaser/s have not agreed to acquire the said Flat on the basis of such show
flat, lobby, landscaping, amenities, fixtures, furniture, interiors, designs and any
and all other items etc., or any part thereof and the same do not form and are not
intended to form any part of the transaction contemplated herein. The details of
the said Flat shall be mentioned herein and the same shall be final.

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20. All the aforesaid rights and/or remedies of the Promoters are cumulative and
without prejudice to one another.

21.
(A) It is expressly agreed that the right of the Purchaser/s under this Agreement
or otherwise shall always be restricted to the said Flat only, and such right
will accrue to the Purchaser/s only on the Purchaser/s making payment of
all the amounts including the Sale Price to the Promoters strictly in
accordance with this Agreement and only on the Purchaser/s performing
and complying with other terms, conditions, covenants, obligations,
undertakings etc. hereof. All other unsold flats/ units/ shops, car parking,
portion or portions of the said Building, other buildings etc. including
recreation ground, internal roads, recreational facilities such as swimming
pool, gardens, club-house, etc. shall always be the sole and absolute
property of the Promoters. The Purchaser/s hereby confirm/s and consent/s
to the irrevocable, absolute and unfettered right of the Promoters to
develop, redevelop, sub-develop and/or assign their rights, give on lease,
sub-lease, and/or deal with and dispose of the said Property and/or the
Larger Property and/or said Building and/or all other unsold
flats/units/shops and car parks and portion or portions of the said Building
and/or the said Property including common areas, such as staircase,
staircase landing, entrance lobby, recreation ground, internal roads, open
spaces, terraces, recreational facilities such as swimming pool, gardens,
club-house, in the manner deemed fit by the Promoters without any consent
or concurrence of the Purchaser/s or any other person and at the sole
discretion of the Promoters. The Purchaser/s are aware that the aforesaid
recreational facilities are available for the use and enjoyment of the holders
of various premises in the said Building and other buildings along with the
users / occupiers of other premises / developments on the said Property and
the Larger Property.

(B) With regards to the common areas described in the Second Schedule
hereunder written, it is agreed that the Purchaser/s shall only be permitted to
use the said common areas on such terms and conditions as the Promoters
may deem fit.

22.
(A) The Promoters shall at its sole discretion and at the cost and expenses of the
purchaser/s of the flats in the said Building, submit application for
registration of separate co-operative society/s under the Maharashtra Co-
operative Societies Act 1960 or Condominium under Maharashtra
Apartment Ownership Act or Limited Company in respect of said Building
to be known by such name as the Promoters may decide (such co-operative
society/s or condominiums or limited company comprising of holders of
premises shall hereinafter be referred to as the “said Organization”) within
a period of 3 (three) months of the majority of purchasers/ allottees having
booked their flats in the said Building.

(B) The Purchaser/s shall join in forming and registering the organization of the
Building in which the said Flat is agreed to allotted and to be known by
such name as the Promoters may decide and for this purpose also from time
to time, the Purchaser/s shall sign and execute the application for

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registration and/or membership and other papers and documents necessary

for the formation and registration of the organization and for becoming a
member, including the bye-laws of the proposed organization and duly fill
in, sign and return to the Promoters within 15 (fifteen) days of the same
being forwarded by the Promoters to the Purchaser/s, so as to enable the
Promoters to register the organization of the purchasers of the said
Building. No objection shall be taken by the Purchaser/s if any changes or
modifications are made in the draft bye-laws or the Memorandum and/or
Article of Association, as may be required by the Registrar of Co-operative
Societies/Registrar of Companies, as the case may be, or any other
Competent Authority.

(C) The Purchaser/s shall pay to the Promoters/Organization the proportionate

share of the Municipal tax, water charges, maintenance charges, outgoings
and all other rent, rates and taxes in respect of the said Flat.

(D) The Promoters have informed the Purchaser/s and the Purchaser/s is/are
aware that the Promoters propose to form an Apex Body of all the
Organizations as per RERA. The Apex Body to be formed shall be a body
incorporated under the provisions of the Maharashtra Cooperative Societies
Act 1960 OR a company which shall be incorporated under the provisions
of the Companies Act 2013 or any other organisation as per the sole
discretion of the Promoters.

(E) The Purchaser/s shall make his/her/their contribution as may from time to
time be required to be made to the Organization formed for the purpose of
the said Building in which the said Flat is agreed to be allotted for enabling
such Organization to pay its contribution to the Apex Body for the aforesaid
purpose.

(F) The Purchaser/s shall at the time of taking possession of the said Flat from
the Promoters pay to the Promoters amounts as specified in Clauses 37 and
38 below. On formation of the Apex Body, the amounts as mentioned in
Clause 38 shall be handed over to the Apex body. The said amounts
mentioned in Clause 38 shall be used as corpus and interest earned whereon
shall be utilized by the Promoters/Apex Body for maintenance and
management of the infrastructure, common area and facilities such as lights,
car parking spaces, storm water drains, drainage system, sewerage, water
tank, gardens, security etc. In case it is so required the corpus may also be
used by Promoters/Apex Body at their discretion for any other purpose. It is
however agreed that the Purchaser/s shall nevertheless also be strictly liable
to pay monthly contributions to his/her/their Organization as may be
determined by his/her/their Organization to be paid to Apex Body as
aforesaid.

(G) It is expressly and specifically clarified, agreed, understood and confirmed

by and between the Parties hereto that the unsold flats/ units/ shops, car
parking spaces, portion or portions of the said Building etc. shall at all times
be and remain the absolute property of the Promoters and the Promoters
may if it so desires, become member of the Organizations in respect
thereof, and the Promoters shall have full right, absolute power and
authority, and shall be unconditionally entitled to deal with and to sell, let
or otherwise dispose of the same in any manner and for such consideration,
and on such terms and conditions as it may in its sole and absolute

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discretion deem fit and proper, to any person or party of its choice, and
neither the Purchaser/s herein, nor the Organizations shall object to or
dispute the same. On the Promoters intimating to the Organizations, the
name or names of the Purchaser/s or acquirer/s of such unsold flats, shops,
premises, etc., the Organizations shall forthwith accept and admit such
purchaser/s and acquirer/s as their member/s and shareholder/s, and shall
forthwith issue share certificate/s and other necessary documents in their
favour, without raising any dispute or objection to the same and without
charging/recovering from them any premium, fees, donation or any other
amount of whatsoever nature in respect thereof including any amount
collected by the Promoters from such purchaser/s towards development
charges, legal charges etc. as mentioned in Clauses 37and 38 below. The
Promoters shall not be liable to pay any maintenance charges/out goings,
etc. in respect of the unsold flats, shops, car parking spaces and other
premises save and except the municipal taxes with effect from the date of
grant of occupation certificate. Provided however in the event, the
Promoters occupy or permit occupation of any flat, such occupant/s or
Promoters as the case may be shall be liable to pay the maintenance
charges, etc. in respect thereof. It is further clarified that for allotment/sale
of such flat, the Promoters shall not be liable to take any permission/consent
of the Organization/Apex Body.

(H) It is however agreed that the Promoters shall have complete discretion
and/or option either to execute Deed of Lease or Deed of Conveyance of the
said Building (without the Basement and Podiums). Further the Promoters
shall execute such Deed of Lease or Deed of Conveyance in respect of the
said Building (without the Basement and Podiums), within a period of 3
(three) months from date of issue of the occupation certificate for the said
Building, and till then, the Promoters shall not be bound, liable, required to
cause to execute any document in favour of the said Organization/ Apex
Body and the Purchaser/s agree/s and irrevocably consent/s not to have any
demand or dispute or objection in that behalf.

(I) Further execution of such Deed of Lease or Deed of Conveyance shall be

subject to the Promoters right and entitlement to:

(i) utilize, consume, load etc. entire FSI, potential, yield of the said entire
Larger Property and /or TDR;

(ii) complete the construction of the said Building and all other buildings
on the said Larger Property;

(iii) sell all the premises, etc. and receive all the amounts from the
purchaser/s including the Sale Price from the purchaser/s hereof; and

(iv) complete the development of the entire said Larger Property and
construction of the buildings thereon.

(J) It is expressly and specifically clarified, agreed, understood and confirmed

that considering the overall development of the said Larger Property, the
Promoters shall at its discretion be entitled to form such number of
Society’s/ Condominium/ Company and/or its respective independent
association/committee.

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(K) The Purchaser/s shall at no time demand partition of the said Building
and/or said Property etc. and/or his/her/their interest, if any, therein and the
same shall never be partitioned.

23. All costs, charges and expenses incurred in connection with the formation of the
said Organizations/ Apex Body as well as the costs of preparing, engrossing,
stamping and registering all deeds, documents required to be executed by the
Promoters and by the Purchaser/s including stamp duty, registration charges etc.,
payable in respect of such documents, as well as the entire professional costs of
the attorneys of the Promoters for preparing and approving all such documents
shall be borne and paid by the Purchaser/s and the said Organizations/Apex Body
as aforesaid and/or proportionately by all the purchasers of the flats etc., in the
said Building. The Promoters shall not be liable to contribute anything towards
such expenses.

24. It is agreed that one month prior to the execution of agreements/documents in

favour of the said Apex Body, the Purchaser/s shall pay to the Promoters, the
Purchaser’s share of stamp duty and registration charges payable, if any, on the
execution of agreement or any document or instrument of Lease or conveyance in
respect of the said Building and the said Property / Larger Property in favour of
the Organization/Apex Body. The Purchaser/s alone will be responsible for
consequences of insufficient and/or non-payment of stamp duty and registration
charges on this Agreement and/or all other documents, etc.

25. The Promoters shall allot all flats, garages, car parking, open spaces, terraces etc.
intended to be constructed on the said Property with a view ultimately that the
purchaser/s/ allottees of all the flats, garages, car parking, open space etc., in said
Building shall be admitted to their respective Organization. It is agreed and
clarified that the Promoters shall have all the rights and be entitled to sell, allot,
transfer, lease, give on leave and license basis and/or otherwise deal with and
dispose of the flats, garages, car parking, open spaces, terraces, etc., separately
and independently and the Purchaser/s/ allottees of all the flats, garages, car
parking, open space in said Building shall be admitted to the Organizations.

26. The Purchaser/s and the person/s, to whom the said Flat is permitted to be used
shall, from time to time, sign all applications, papers and documents and do all
acts, deeds, and things as the Promoters or the said Organizations/Apex Body
may require for safeguarding the interest of the Promoters and/or the Purchaser/s
and other purchasers in the said Property.

27.
(A) It is agreed between the Parties that the Promoters shall be entitled to develop
the Larger Property in phase-wise manner and/or sector-wise and/or project
wise manner as the Promoters may desire. The Promoters are retaining unto
themselves full rights for the purpose of providing ingress or egress from the
said Property/ Larger Property in the manner deemed fit by the Promoters and
the Purchaser/s unequivocally consents / agrees not to raise any objection or
dispute regards the same now or any time in the future and the Purchaser/s
acknowledges that hardship may be caused during such time and undertakes
expressly never to object to the same.

(B) It is agreed between the Parties that the Promoters shall be entitled from time
to time and at all times to make necessary amendments or changes or
substitution or modification of the layout plan as may be sanctioned by

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MCGM/ SRA in respect of the said Property/ Larger Property to utilize F.S.I.
and/or development rights in respect thereof and for that purpose to submit
plans or proposals as the Promoters may deem fit. It is further agreed that the
Promoters in its absolute discretion shall be entitled to locate or provide in the
said Building on the said Property any additional floor or floors and use the
same for such purpose or purposes as the Promoters may desire without
reference or recourse to the Purchaser/s or the said Organizations or Apex
Body at the discretion/option of the Promoters time to time.

(C) The Purchaser/s hereby expressly consents to the Promoters re-design the said
Building or increase in number of floors, adding new building or buildings or
the recreation area or realigning any internal road, common area, club house,
swimming pool, recreation area and passages and such other area or areas as
the Promoters may desire to realign and re-design and if the said Building in
which the Purchaser/s has/have agreed to acquire the said Flat is completed
earlier than other building/s structures, then the Purchaser/s confirms that the
Promoters will be entitled to utilise any F.S.I., TDR and all the benefits,
potentials, yield, advantages etc. presently available and / or that may be
available in the future for any reason including on account of change in
regulations / law / act etc. in respect of the said Property/ Larger Property or
any part thereof or any adjoining property or properties as the case may be,
and till all the aforesaid is fully utilised by the Promoters, and all the premises
etc. are sold, and the amount or amounts receivable by the Promoters is/are
duly received by the Promoters and all the obligations required to be carried
out by the Purchaser/s herein and the purchaser/s of premises are fulfilled by
them, the Promoters shall not be bound and shall not be called upon or
required to form any such said Organizations/Apex Body as the case may be
and the Purchaser/s agrees and irrevocably consent/s not to have any demand
or dispute or objection in that behalf.

(D) It is agreed, confirmed and covenanted by the Purchaser/s that the Promoters
shall have full right and absolute authority and shall be entitled to, at any time
hereafter, change, alter and amend the layout, plans, designs, elevation, etc. of
the said Building and/or the said Property and/or the said Larger Property
and/or get the Larger Property sub-divided into small portions or parts or
amalgamate the same with any other property or properties and the
Purchaser/s shall not have any objection in this regard. Further it is agreed
between the Parties hereto that the Purchaser/s shall not be entitled to nor
shall he/she/they demand sub-division of the said Property/ Larger Property/
or be entitled to any FSI exceeding the FSI used and consumed in the said
Building out of any FSI available now or in future and that the Purchaser/s
and/or the said Organizations and/or Apex Body shall not be entitled to put
up any further or additional construction on the said Building exceeding the
FSI consumed therein at the time of lease or conveyance to be executed in
favour of Organization/ Apex Body or for any reason whatsoever.

28. It is agreed, confirmed and covenanted by the Purchaser/s that the Promoters
shall have full right and absolute authority and shall be entitled to, at any time
hereafter, utilize, consume, load etc. FSI of the said Property on the Larger
Property or any part thereof and vice versa.

29. The name of the said Building shall always be known as “Transcon Triumph –
Tower 1” and this name shall not be changed without the prior written
permission of the Promoters.

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30. It is agreed that the said Flat shall be of R.C.C. structure with normal brick with
cement plaster only. It is agreed that the said Building and its layout may contain
common fixtures, fittings and/or amenities as specified in the Second Schedule
hereunder written. The Purchaser/s hereby agrees, declares and confirms that
save and except the said specification, fixtures, fittings and/or amenities, the
Promoters shall not be liable, required and/or obligated to provide any other
specifications, fixtures, fittings and/or amenities in the said Building /said
Property.

31. It is expressly agreed that the said Flat contains fixtures and fittings as set out in
the Third Schedule hereunder written and the Purchaser/s confirm/s that the
Promoters shall not be liable to provide any other specifications, fixtures, fittings
and amenities in the said Flat.

32. Subject to Force Majeure circumstances and / or Other Circumstances, and

provided the Purchaser/s is not in default of any of the terms and/or conditions
contained herein including default in payment of the Sale Price, applicable taxes
or any part thereof, other charges, the Promoters shall complete the construction
of and handover the said Flat to the Purchaser/s by 31st December 2021 (“the
said Date”). If the Promoters fail to hand over the said Flat to the Purchaser/s on
or before the said Date, and only if the Purchaser/s do not intend to cancel this
Agreement / withdraw from the Project 1, the Promoters shall pay to the
Purchaser/s simple interest as specified in the RERA Rules, on all the amounts
paid by the Purchaser/s to the Promoters towards the Sale Price for every month
of delay from the said Date till the handing over of the possession of the said
Flat.

33. If the Purchaser/s intend to cancel the Agreement or withdraw from the Project 1,
then on cancellation of the Agreement by the Purchaser/s:
a. The Promoters shall refund to the Purchaser/s the amounts already
received by the Promoters in respect of the said Flat (except the
amounts towards Service Tax, VAT, GST and other taxes) within a
period of 30 days after said Flat is sold and all amounts including
consideration amount in respect thereof is received by the Promoters,
with simple interest as specified in RERA Rules from the date of
cancellation of this Agreement till the date the amounts are repaid and
the date on which said Flat is sold and all amounts including
consideration amount in respect thereof is received by the Promoters,
shall be the date on which refund of the balance amount, if any, shall
become due and payable by the Promoters to the Purchaser/s;

b. the Purchaser/s shall not have any right, title, interest, claim, demand
and/or dispute against the Promoters and/or in respect of the said Flat
or any part thereof, in any manner whatsoever; and

c. the Promoters shall be entitled to sell, transfer and/or otherwise

entitled to deal with and/or dispose of the said Flat in such manner, as
the Promoters may deem fit.

34. The Purchaser/s hereby agree and confirm that the Promoters shall not be
responsible for the refund of any of the applicable taxes including Service Tax,
VAT, GST or any other tax, levy, statutory charges paid by the Purchaser/s to the
Promoters and/or collected by the Promoters from the Purchaser/s.

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35. For the purpose of this Agreement, the “Other Circumstances” shall include but
not be limited to:
a. Non-availability of steel, cement, other building material, water or
electric supply;
b. War, Civil Commotion, fire, earthquake, flood, epidemic, labour
controversy, riot, civil disturbance or act of God;
c. Failure or delay of any transportation agency or any other supplier of
supplies, equipment, or other facilities related to the said Property;
d. Any notice, order, rule, regulation, notification or directive of the
Government, and / or any local or public or private body or authority
and / or any other Competent Authority or any Court, or Tribunal or
any quasi-judicial body or authority;
e. Economic downturn;
f. Any other act or event which is beyond the reasonable control of the
Promoters including precarious financial condition of the Promoters
and/or economic downswing in real estate or any other industry; and
g. Any other circumstances or conditions or other causes beyond the
control of the Promoters or unforeseen including war, civil
commotion, riot, strikes or agitation by workers or labourers of the
Promoters or the workers or labourers of the contractor or suppliers.

36.
(i) The Purchaser/s shall make payment of the instalments mentioned
hereinabove along with all the other amounts including amounts as
mentioned in Clauses 37 and 38 below. The Promoters shall offer in
writing the possession of the said Flat to Purchaser after obtaining the
occupation certificate from the authority and on all the payment made
by the Purchasers. The Purchaser/s shall occupy the said Flat within
15 days of the Promoters giving written notice to the Purchaser/s
intimating that the said Flat is ready for use. In the event the
Purchaser/s fail/s and / or neglect/s to take possession within the
specified period, it shall be deemed that the Purchaser/s has/have
taken possession from the date of the said writing and that date shall
be deemed to be the “Date of Possession” and all obligations of the
Purchaser/s related to taking possession of the said Flat shall be
deemed to be effective from the said Date of Possession.
(ii) Commencing a week after notice in writing is given by the Promoters
to the Purchaser/s that the said Flat is ready for use and occupation,
the Purchaser/s shall be liable to bear and pay the proportionate share
of outgoings in respect of the said Property or part thereof (as the case
may be) and the said Building namely local taxes, betterment charges
or such other levies by the concerned local authority and/or
Government, water charges, insurance, common light, repairs and
salaries of clerks, bill collectors, chowkidars, sweepers and all other
expenses necessary and incidental to the management and
maintenance of the said Property/ Larger Property or part thereof and
the said Building. Until the said Purchaser/s are admitted as members
of the Organizations, the Purchaser/s shall pay to the Promoters such
proportionate share of outgoings as may be determined. At the time of
handing over possession of the said Flat, the Purchaser/s shall pay to
the Promoters the sums as mentioned in Clauses 37 and 38. The
amounts so paid by the Purchaser/s to the Promoters shall not carry
any interest and remain with the Promoters until the Purchaser/s is/are
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admitted as members of the Organizations. The amounts mentioned in

the Clause 38 (less deduction provided for in this Agreement) shall be
handed over by the Promoters to the Apex Body at the time of
handover. The Purchaser/s undertake/s to pay such provisional
monthly contribution and such proportionate share of outgoings
regularly on the 5th day of each and every month in advance and shall
not withhold the same for any reason whatsoever otherwise interest at
the rate of 2% per month will be charged. The right of the Promoters
to charge the said interest is without prejudice to their rights including
right to terminate this Agreement, levy cancellation charges, etc.

(iii) The Purchaser/s shall use the said Flat only for residential purpose
and not for any commercial or other activity. The Purchaser/s shall
use the Parking Spaces, if allotted, only for the purpose of keeping or
parking of the Purchaser's own vehicle.

37. The Purchaser/s shall, simultaneously with Promoters offering

possession of the said Flat, pay to the Promoters, inter alia, the
following amounts over and above the Sale Price as mentioned in
Clause 9 above and all other amounts payable by the Purchaser/s
under this Agreement or otherwise. The Promoters are entitled to
retain and appropriate the same to its own account and shall not be
liable, responsible and / or required to render the account in respect of
the amounts mentioned herein below:

Sr.no. Charges Amount (Rs.)

1. Legal Charges
2. Charges for Formation and Registration of
Organization and Apex Body
3. Development Charges (one time charges)
4. Club House membership charges

38. In addition to the aforesaid amounts, the Purchaser/s shall pay to the
Promoter the below mentioned amounts on the date on which
possession of the said Flat is offered. The Promoter shall maintain
account in respect of said amounts and shall provide the same to the
Apex Body at the time of handover only in respect of the said
amounts:

Sr.no. Charges Amount (Rs.)

1. Corpus Fund
2. Maintenance Charges Deposit (for period of
24 months)
3. Electricity Deposit and Water Deposit (non-
refundable)
4. Mahanagar Gas connection
(subject to availability)

39. It is hereby clarified that the amounts mentioned hereinabove do not

include the dues for electricity, gas and other bills for the said Flat and
the Purchaser/s shall be liable to pay electricity, gas and other bills for
the individual meters separately. It is further clarified that the list of
charges mentioned hereinabove is only indicative and not exhaustive
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and the Purchaser/s agrees to pay to the Promoters, such other charges
or such other amounts under such heads or increase in any of the
amounts as the Promoters may indicate without any demur.

40. It is agreed that in the event of any additional amounts becoming

payable in respect of items mentioned hereinabove, then the
Purchaser/s shall forthwith on demand pay to and/or deposit the
additional amounts with the Promoters. The said amount shall not
carry any interest.

41.
(A) The Purchaser/s by himself/herself/themselves with intention to bind
all persons into whose hands the said Flat and other premises may
hereinafter come, even after said Building and said Property is
conveyed or leased in favour of the said Organization / Apex Body, is
executed, hereby covenant/s with the Promoters as follows:
(i) Not to do or suffer to be done anything in or to the said
Building, said Flat, staircase common areas or any passages
which may be against the rules, regulations or byelaws of
concerned local or any other authority or change/alter or make
addition in or to the building or to the said Flat itself or any
part thereof and to maintain the said Flat at the Purchaser’s
own cost in good repair and condition from the date on which
the Purchaser/s is permitted to use the said Flat. In the event of
the Purchaser/s committing any act in contravention of the
above provision, the Purchaser/s shall be responsible and
liable for the consequences thereof to the concerned local
authority and/or other public authority and also pay any penal
charges levied by the authorities.

(ii) Not to store anything in the refuge floor nor store any goods in
the said Flat which are hazardous, combustible or of dangerous
nature or are so heavy as to damage the construction or
structure of the said Building or storing of such goods which is
objected to by the concerned local or other authority and shall
not carry or cause to be carried heavy packages on the upper
floors which may damage or likely to damage the staircases,
common passages or any other structure of the said Building
and in case any damage is caused to the said Building on
account of negligence or default of the Purchaser/s in this
behalf, the Purchaser/s shall be liable for the consequences of
the breach and shall repair the same at his/her/their own costs.

(iii) Not to change the user of the said Flat and/or make any
structural alteration and/or construct any additional structures,
mezzanine floors, whether temporary or permanent, in the said
Flat and not to cover or construct anything on the open spaces,
garden, recreation area and/or parking spaces and/or refuge
areas.

(iv) Not to demolish or cause to be demolished the said Flat or any

part thereof neither at any time make or cause to be made any
addition or alteration of whatsoever nature in or to the said
Flat or any part thereof and keep the portion, sewers, drains,

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pipes in the said Flat and appurtenances thereto in good repair

and condition and in particular so as to support, shelter and
protect other parts of the said Building.

(v) Not to make any alteration in the elevation and outside colour
scheme of paint and glass of the said Building and not
cover/enclose the planters and service ducts or any of the
projections from the said Flat, within the said Flat, nor chisel
or in any other manner cause damage to the columns, beams,
walls, slabs or RCC partition or walls, pardis or other
structural members in the said Flat without the prior written
permission of the Promoters, nor do / cause to do any
hammering for whatsoever use on the external / dead walls of
the said Building or do any act to affect the F.S.I potential of
the said Property/ said Larger Property.

(vi) Not to affix any fixtures or grills on the exterior of the said
Building for the purposes of drying clothes or for any other
purpose and undertakes not to have any laundry drying outside
the said Flat. The standard design for the same shall be
obtained by the Purchaser/s from the Promoters and the
Purchaser/s undertake/s to not fix any grill having a design
other than the standard design approved by the Promoters. In
the event the Purchaser/s fails to rectify the default of
his/her/their obligation within 7 days from committing this
default to the satisfaction of the Promoters at his/her/their own
cost, then the Promoters, without prejudice to all its rights
through its agents, shall have a right (but shall not be obliged)
to enter upon the said Flat and dismantle at the Purchaser’s
cost, such fixtures or grills or air conditioner or the outdoor
condensing unit which are in contravention of this sub-clause
or any other provision of this Agreement.

(vii) Not to do or permit to be done any act or thing which may

render void or bindable any insurance of the said Property/
Larger Property and the said Building and other buildings or
any part thereof or whereby any increase in the premium shall
become payable in respect of the insurance.

(viii) Not to delay / default in payment of the amounts to be paid to

the Promoters in addition to the amounts collected in Clauses
37 and 38 above and pay within 15 days of demand by the
Promoters, their share of security deposit demanded by any
concerned local authority or government, M.C.G.M. for giving
water, gas connection or any electric supply company for
giving electricity or any other service connection to the said
Building.

(ix) Not to delay / default in payment of increase in local taxes,

water charges, insurance and such other levies, if any, which
are imposed by the concerned local authority and/or
Government and/or other public authority from time to time.

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(x) Not to transfer or assign the Purchaser’s right, interest or

benefit under this Agreement and / or let, sublet, sell,
mortgage and / or otherwise transfer, assign or part with
occupation or give on leave and license, care taker, paying
guest or tenancy basis or induct any person/s into or part with
the said Flat without the prior written consent of the
Promoters. Such consent, if granted, shall be subject to the
terms and conditions imposed and stipulated by the Promoters
herein.

(xi) Shall not violate and shall abide by all rules and regulations
framed by the Promoters / its designated Project Manager or
by the said Organization / Apex Body, for the purpose of
maintenance and up-keep of the said Building and in
connection with any interior / civil works that the Purchaser/s
may carry out in the said Flat.

(xii) Shall not violate and shall observe and perform all the rules
and regulations which the said Organizations/Apex Body may
have at its inception and the additions, alterations or
amendments thereof that may be made from time to time for
protection and maintenance of the said Building and the
premises therein and for the observance and performance of
the building rules, regulations and bye-laws for the time being
of the concerned local authority and of government and other
public bodies. The Purchaser/s shall also observe and perform
all the stipulations and conditions laid down by the said
Organizations regarding the occupation and use of the said
Flat in the said Building and shall pay and contribute regularly
and punctually towards the taxes, expenses or other outgoings
in accordance with the terms of this Agreement.

(xiii) Shall not do or permit or suffer to be done anything in or upon

the said Flat or any part of the said Building which is or may,
or which in the opinion of the Promoters is or may, at any time
be or become a danger, a nuisance or an annoyance to or
interference with the operations, enjoyment, quiet or comfort
of the occupants of adjoining premises or the neighbourhood
provided always that the Promoters shall not be responsible to
the Purchaser/s for any loss, damage or inconvenience as a
result of any danger, nuisance, annoyance or any interference
whatsoever caused by the occupants of the adjoining premises
of the said Building and the Purchaser/s shall not hold the
Promoters so liable;

(xiv) Shall not obstruct, cause or permit any form of obstruction

whatsoever whether by way of depositing or leaving any
article, item or thing of whatsoever nature, movable or
otherwise, within the said Flat or in or on the common
stairways, refuge areas, corridors and passageways in and of
the said Building.

(xv) Shall never in any manner enclose any area to be kept open in
any manner including installing any temporary or part shed or

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enclosure and shall not include the same in the said Flat and
keep the same unenclosed at all time. The Promoters shall
have the right to inspect the said Flat at all times and also to
demolish any such addition or alteration or enclosing of the
open areas without any consent or concurrence of the
Purchaser/s and also to recover costs incurred for such
demolition and reinstatement of the said Flat to its original
state.

(xvi) Not to permit any person in the employment of the Purchaser/s

(such as domestic help, drivers, cleaners etc.) to sleep and / or
occupy the common area of the Building such as passage,
lobby, stair case and / or any part of the said Property and/or
Larger Property.

(B) In addition to the aforesaid conditions, the Purchaser/s further binds himself/
herself/ themselves in respect of the said Flat and covenants as under:

(i) Not to throw dirt, rubbish, rags, garbage or other refuse or

permit the same to be thrown from the said Flat into the
compound or the refuge floor or any portion of the said
Property / Larger Property and the said Buildings and other
buildings.

(ii) Shall not at any time cause or permit any public or private
nuisance or to use the loud speaker, etc., in or upon the said
Flat, said Building or the said Property/ Larger Property or
any part thereof or do anything which shall cause an
annoyance, inconveniences, suffering, hardship or disturbance
to the occupants or to the Promoters.

(iii) Shall not discharge, dump, leave or burn nor to cause or

permit the discharging, dumping, leaving or burning of any
wastage including but not limited to pollutants into the surface
or other drains or in or upon any part of the said Flat and/or
the said Building nor litter or permit any littering in the
common areas in or around the said Flat and/or the said
Building and at the Purchaser’s own cost and expense to make
good and sufficient provision for the safe and efficient
disposal of all waste generated at the said Flat and/or the said
Building to the requirement and satisfaction of the Promoters
and/or relevant government and statutory authorities.

(iv) Shall not do either by himself/itself or any person claiming

through the Purchaser/s anything which may or is likely to
endanger or damage the said Building or any part thereof, the
garden, greenery, fencing, saplings, shrubs, trees and the
installations for providing facilities in the said Building. No
damage shall be caused to the electricity poles, cables, wiring,
telephone cables, sewage line, water line, compound gate, or
any other facility provided in the said Building.

(v) Shall not display at any place in the said Building any bills,
posters, hoardings, advertisement, name boards, neon

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signboards or illuminated signboards. The Purchaser/s shall

not stick or affix pamphlets, posters or any paper on the walls
of the said Building or common area therein or in any other
place or on the window, doors and corridors of the said
Building.

(vi) Shall not affix, erect, attach, paint or permit to be affixed,

erected, attached, painted or exhibited in or about any part of
the said Building or the exterior wall of the said Flat or on or
through the windows or doors thereof any placard, poster,
notice, advertisement, name plate or sign or announcement,
flag-staff, air conditioning unit, television or wireless mast or
aerial or dish antenna any other thing whatsoever save and
except the name of the Purchaser/s in such places only as shall
have been previously approved in writing by the Promoters in
accordance with such manner, position and standard design
laid down by the Promoters;

(vii) Shall not park at any other place and shall park all vehicles in
the allotted/ designated parking lots only as may be prescribed
by the Promoters;

(viii) Shall cause the Apex Body to paint the said Building at least
once in every five years maintaining the original colour
scheme even after the agreement is executed in favour of the
Apex Body.

42. If within a period of five years from the date of handing over the said
Flat to the Purchaser, the Purchaser brings to the notice of the
Promoters any structural defect in the said Flat or any defects in the
workmanship of the said Flat, quality of the material used in the said
Flat or provision of service in the said Flat, and provided such defect
is not attributable to normal wear and tear and misuse and/ or any act
of commission or omission on the part of the Purchaser or the
purchasers/ occupants of the adjoining flats including but not limited
to unauthorised changes/ repairs, non-maintenance of fittings and
fixtures, then, wherever possible such defects shall be rectified by the
Promoters at their own cost and in case it is not possible to rectify
such defects, then the Purchaser shall be entitled to receive from the
Promoter, compensation for such defect in the manner as provided
under the RERA.

43. The Purchaser/s shall, with prior 24 (twenty four) hours intimation,
permit the Promoters and their surveyors and agents with or without
workmen and others at reasonable times to enter into and upon the
said Flat or any part thereof to view and examine the state and
conditions thereof and/ or for the purpose of making, maintaining,
rebuilding, cleaning, lighting and keeping in order and good
conditions all services, drains, pipes, cables, water covers, gutters,
wires, party walls, structure or other conveniences belonging to or
serving or used for the said Building and also for the purpose of
laying down, maintaining, repairing and also for purpose of cutting of
essential services including water supply to or any of the premises of
the said Building in respect whereof, the Purchaser/s of such other

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premises, as the case may be, shall have made default in paying
his/her/their share of taxes, maintenance charges etc.

44. Nothing contained in this Agreement is intended to be nor shall be

construed as a grant, demise or assignment in law, of the said Flat or
of the said Property and Building or any part thereof. The Purchaser
shall have no claim save and except in respect of the said Flat hereby
agreed to be sold to him, and all open spaces, parking spaces, lobbies,
staircases, terraces recreation spaces, will remain the property of the
Promoters until the said structure of the Building is conveyed to the
Society/Limited Company or other body and until the said Property is
conveyed to the Apex Body /Federation as hereinbefore mentioned.

45. As stated hereinabove, there is a right of way, which is shown in grey

colour wash on the plan being Annexure “A1” hereto, going to the
said Property through the First TDPL Property, Second TDPL
Property, Sahajanand Property, Kori Property and remaining portion
of the MNP Property. The Promoters, owners, flat purchasers,
occupants, executors, administrators, successors, assigns,
representatives, nominees, developers, contractors, labourers,
attorney, successors in interest, assigns, visitors, agents, servants, flat
occupiers, licensees, etc. and all the person or persons owning,
occupying, enjoying and / or possessing and their agents, servants,
relatives, etc. shall have irrevocable and perpetual right and shall be
entitled to, at all times and from time to time, by night and day to pass
and re-pass and/or egress and ingress over and across, the said right of
way by foot, or on horseback or by any vehicle of whatsoever nature
and/or with cattle and other animals, etc.

46. It is expressly agreed that the Promoters shall have an irrevocable and
perpetual right and be entitled to put a hoarding on the said Property/
Larger Property or any parts of the said Building and/or other
buildings including on the terrace and/or on the parapet wall and/or on
the said Property/ Larger Property and the said hoardings may be
illuminated or comprising of neon sign and for that purpose, the
Promoters are fully authorized to allow temporary or permanent
construction or erection for installation either on the exterior of the
said Building or on the said Property as the case may be and further
the Promoters shall be entitled to use and allow third parties to use
any part of the said Building and the property for installation of
cables, satellite, communication equipment, cellular telephone
equipment, radio turnkey equipment, wireless equipment and all other
equipment, etc. The Purchaser/s agrees not to object or dispute the
same. It is further expressly agreed that the Promoters shall have an
irrevocable and perpetual right and be entitled to receive, recover,
retain and appropriate all the rents, profits and other compensation
including any increase thereof and the Purchaser/Said Organization
shall not have any right or be entitled to any of the rents, profits and
other compensation including any increase thereof or any part thereof.
All the rents, profits and other compensation including any increase
thereof shall solely and absolutely belong to the Promoters.

47. As stated herein, the Purchaser/s shall not, without the prior written
consent of the Promoters, sell, give on license/ lease, transfer,

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mortgage, create charge etc. or otherwise deal with or dispose of the

said Flat or any part thereof.

48. The Purchaser/s hereby grant/s his/her/their irrevocable consent to the

Promoters mortgaging the said Property/ Larger Property along with
the said Building, save and except the said Flat, being constructed
thereon, to enable the Promoters to augment the funds for the
development of the said Property/ Larger Property.

49. The Purchaser/s hereby expressly agrees and covenants with the
Promoters that in the event of the said Buildings and other buildings
on the said Larger Property being not ready for use and in the event of
the Promoters offering occupation of the said Flat to the Purchaser/s
then and in that event the Purchaser/s shall not have any objection to
the Promoters completing the construction of the balance building or
additional floors on the said Property without any interference or
objection. The Purchaser/s further confirms that he/she/they shall not
object or dispute construction of the balance building or buildings,
wing or wings or additional floors or additional construction or part or
parts thereof by the Promoters on any ground including on the ground
of nuisance, annoyance or any other ground or reason whatsoever and
the Promoters shall be entitled to either themselves or through any
nominees to construct and complete the said additional storeys, wing
or wings or building or buildings on the Larger Property as they may
desire in their absolute discretion without any interference or
objection or dispute by the Purchaser. The Purchaser/s hereby
consents to the same time being under any law as applicable.

50. Subject to Force Majeure circumstances and / or Other Circumstances

beyond the reasonable control of the Promoters, and provided the
Purchaser/s are not in default of any of the terms and/or conditions
contained herein including default in payment of the Sale Price,
applicable taxes, other charges or any part thereof, the Promoters shall
complete the construction of the Project 1 by 31st December 2021
(“Project Completion Date”).

51. Notwithstanding anything contrary to contained herein or in any other

letter, no objection, permission, deeds, documents and writings
(whether executed now or in future by the Promoters) and
notwithstanding the Promoters giving any no objection/ permission
for mortgaging the said Flat or creating any charge or lien on the said
Flat and notwithstanding the mortgages/ charges/ lien of or on the said
Flat, the Promoters shall have first and exclusive charge on the said
Flat and all the right, title and interest of the Purchaser/s under this
Agreement for recovery of any amount due and payable by the
Purchaser/s to the Promoters under this Agreement or otherwise.

52. The Purchaser/s hereby nominates ___________________________

having his/ her/ their address at _______________________________
________________________________________________________
________________________________________________________
who is ______________________________ of the Purchaser/s as
his/her/their nominee in respect of the said Flat (“the said Nominee”).
On the death and/or incapability of Purchaser/s, the said Nominee

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shall assume all the obligations of the Purchaser/s under this

Agreement or otherwise, and shall be liable and responsible to
perform the same. The Purchaser/s shall at any time hereafter be
entitled to substitute the name of the said Nominee for the purposes
herein mentioned. The Promoters shall only recognize the said
Nominee or the nominee substituted by the Purchaser/s (only if such
substitution has/have been intimated to the Promoters in writing) and
deal with him or her in all matters pertaining to the said Flat. The
heirs and legal representatives of the Purchaser/s shall be bound by
any or all the acts, deeds, dealings, breaches, omissions, commissions
etc. of and/or by the said Nominee. The Promoters shall at its
discretion be entitled to insist on Probate/ Succession Certificate/
Letters of Administration and/or such other documents as the
Promoters may deem fit, from such nominee. The nominee would be
required to give an indemnity bond indemnifying the Owners/
Promoters as may be necessary and required by the Promoters.

53. The Purchaser/s hereby agrees to indemnify and keep indemnified,

saved, defended and harmless the Promoters against any or all claims,
losses, damages, expenses, costs or other liabilities incurred or
suffered by the Promoters from or due to any breach by the
Purchaser/s of its covenants, representations and warranties under this
Agreement or due to any act, omission, default on the part of the
Purchaser/s in complying/performing his/her/their obligations under
this Agreement.

54. All notices to be served on the Purchaser/s as contemplated by this

Agreement shall be deemed to have been duly served if sent to the
Purchaser/s by Registered Post A.D./Under Certificate of
Posting/Courier or by hand delivery or by Fax, E-mail to the address
of the addressee at his/her/their address hereinbefore mentioned

55. A notice shall be deemed to have been served as follows:

(i) if personally delivered, at the time of delivery
(ii) if sent by courier, Registered (Post) A.D. or by Fax, E-mail at
the time of delivery thereof to the person receiving the same.

56. For the purposes of this transaction, the details of the PAN of the
Promoters and the Purchaser/s are as follows:
(i) Promoters PAN AADCT5658B
(ii) Sole/ First Purchaser PAN __________________
(iii) Second Purchaser PAN __________________

57. The Parties hereto confirm that this Agreement constitutes the full
agreement between the Parties hereto and supersedes all previous
agreements, arrangements, understanding, writings, allotment, letters,
brochures and/or other documents entered into, executed and/or
provided.

58. No forbearance, indulgence or relaxation or inaction by the Promoters

at any time to require performance of any of the provisions of these
presents shall in any way affect, diminish or prejudice its rights to
require performance of that provision and any waiver or acquiescence
by them of any breach of any of the provisions of these presents shall

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not be construed as a waiver or acquiescence of any continuing or

succeeding breach of such provisions or a waiver of any right under or
arising out of these presents, or acquiescence to or recognition of
rights and/or position other than as expressly stipulated in these
presents.

59. Any delay tolerated or indulgence shown by the Promoters in

enforcing the terms of this Agreement or any forbearance or giving of
time to the Purchaser/s by the Promoters shall not be construed as a
waiver on the part of the Promoters of any breach or non-compliance
of any of the terms and conditions of this Agreement nor shall the
same in any manner prejudice the rights of the Promoters.

60. The Purchaser/s shall bear and pay all the amounts payable towards
stamp duty, registration charges and all out-of-pocket costs, charges
and expenses on all documents for allotment of the said Flat including
on this Agreement. Any consequence of failure to register this
Agreement within the time required shall be on the Purchaser’s
account.

61. The Purchaser/s hereby declares that he/she/they has/have gone

through this Agreement and all the documents related to the Larger
Property and the said Flat and has / have expressly understood the
contents, terms and conditions of the same and the Purchaser/s after
being fully satisfied has / have entered into this Agreement and further
agrees not to raise any objection in regard to the same.

IN WITNESS WHEREOF the Parties have set and subscribed their respective
hands and seals to these presents the day and year first hereinabove stated.

THE FIRST SCHEDULE ABOVE REFERRED TO

(Description of the said Property)

A portion admeasuring 1283.78 square metres or thereabouts, of all those several

pieces and parcels of land bearing Survey no.48(part), Hissa no.4(part) and
corresponding CTS Nos.704(part), 704/10(part), 21(part), 22 to 24, 25(part),
26(part), 27(part), 28(part), 29 to 31, 32(part), 34(part), 35(part), 36, 37, 38(part),
39(part), 40(part), 41(part), 42, 43, 44(part), 61(part), 62, 63(part) and 64 of Village
Oshiwara, Taluka Andheri, within the Registration District and Sub-district of
Mumbai Suburban and bounded as follows:
On or towards North: Partly by property bearing CTS Nos. 704 (part) and
partly by property bearing CTS no. 704/11 (part) of
Oshiwara Village;
On or towards East: By property bearing CTS No. 704 (part) and partly by
property bearing CTS no.704/33 and 704/45 of
Oshiwara Village;
On or towards South: Partly by property bearing CTS No.704 (part) and
partly by property bearing CTS no.704/65 (part) of
Oshiwara Village; and

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On or towards West: By property bearing CTS Nos. 704 (part) of Oshiwara

Village.

THE SECOND SCHEDULE ABOVE REFERRED TO

(Description of the common areas/ amenities)

 Swimming Pool
 Infinity Deck
 Barbeque Corner
 Fitness Centre
 Tot Lot Area
 Walking / Jogging Track
 Multipurpose Court
 Air conditioned triple heighted grand entrance lobby
 8 passenger elevators
 Advanced Multi-tier security
 CCTV monitoring of common areas
 Servant washroom in one staircase at every mid landing of habitable floors

THE THIRD SCHEDULE ABOVE REFERRED TO

(Description of Amenities in the said Flat)

 Marble flooring in living room and bedrooms

 Video door phone

Kitchen and personal usage area:

 Stainless steel sink
 Granite kitchen platform with Dado tiles on wall upto 2 feet above the
platform level

SIGNED AND DELIVERED by the )

Within named “Promoters” )

TRANSCON DEVELOPERS PRIVATE LIMITED )

by the hands of its Director Mr. Rishi Todi )

Authorized vide Board Resolution passed in meeting )

dated 18th January 2017 )

In the presence of… )

___________________________ )
)

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___________________________ )
)

SIGNED AND DELIVERED by the )

Within named “Purchaser/s” )

____________________________________ )
)
____________________________________ )
)
)
In the presence of… )
)
___________________________ )
)
___________________________ )

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RECEIPT

RECEIVED on or before the day and the year first hereinabove written of and
from the within named ‘Purchaser/s’ ________________________________________
__________________________________________________________________________, the
sum of Rs._____________________/- (Rupees __________________________
______________________________________________________________ only)
in the following manner:

Sr. Cheque No./ Drawn On Cheque Amount Nature of

No. UTR No. Date (INR) Receipt

TOTAL

WE SAY RECEIVED

For TRANSCON DEVELOPERS PRIVATE LIMITED

Witnesses:
1.

2.

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Annexure “A”

Payment Schedule

The Sale Price* shall be paid by the Purchaser/s to the Promoters in the following
manner:

Particulars Amount (Rs.)

On Booking

On Allotment

On Registration of Agreement for Sale

(Mandatory)

On Completion of E Deck

On Completion of 1st Floor

On Completion of 3rd Floor

On Completion of 5th Floor

On Completion of 7th Floor

On Completion of 9th Floor

On Completion of 11th Floor

On Completion of 13th Floor

On Completion of 15th Floor

On Completion of 17th Floor

On Completion of 19th Floor

On Completion of 21st Floor

On Completion of 23rd Floor

On Completion of 25th Floor

On Completion of 27th Floor

On Completion of 29th Floor

On Completion of 31st Floor

Top Floor

On Possession

Total

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(*) The Sale Price is exclusive of any sums or amounts including applicable service
tax, VAT/ GST and other taxes, cess, levies, fees and other charges of any nature
whatsoever, as are or may be applicable on the Sale Price and/or payable hereunder
or in respect of the said Flat and all such amounts shall be entirely borne and paid by
the Purchaser/s on demand being raised by the Promoters.

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Annexure “A1”
Copy of the plan showing inter-alia the said Larger Property
(to be annexed separately)

Annexure “A2”
Copy of the plan showing inter-alia the said Property
(to be annexed separately)

Annexure “A3”
Copy of the RERA Certificate
(to be annexed separately)

Annexure “B”
Copies of Property Register Cards in respect of the said MNP Property and First
TDPL Property
(to be annexed separately)

Annexure "C-1"
Copy of IOA
(to be annexed separately)

Annexure "C-2"
Copy of CC
(to be annexed separately)

Annexure “C-3”
Copy of LOI
(to be annexed separately)

Annexure “C-4”
Copy of the SRA sanctioned layout approval
(to be annexed separately)

Annexure “C-5”
Copy of the layout plan of the Larger Property as proposed to be developed by the
Promoter
(to be annexed separately)

Annexure "D”
Copy of Title Certificate given by M/s. IC Legal
(to be annexed separately)

Annexure “E”
Copy of the floor plan of the Flat
(to be annexed separately)

Annexure “F”
Copy of no objection issued by the Security Trustee/ Debenture Trustee
(to be annexed separately)

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Promoters  Sole/ First Purchaser  Second Purchaser