Common use of POSSESSION OF THE APARTMENT Clause in Contracts

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 8 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

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POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: The Promoter agrees Promoters agree and understands understand that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Phase Common Portions to the Association of the Allottees of the Said Phase or the Competent Authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures Promoters assure to hand over handover possession of the [Apartment/Plot] Apartment along with ready and complete Block Common Portions with the Specifications, Amenities and Facilities thereof on , the date mentioned in Recital F unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, any statutory order, rule, notification, or order or direction of any Court or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project Said Phase is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it if becomes impossible for the Promoter Promoters to implement the project Said Phase due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer, on behalf of all the Promoters, shall refund to the Allottee the entire amount received paid by him/her to the Promoter from Developer for the allotment within 45 days from that date, less the taxes, if any. For the refund of any taxes, the Allottee shall be required to apply directly to the concerned authorities. The Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ he/she shall not have any rights, claims etc. against any of the Promoter Promoters and that the Promoter Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 8 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [[ Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: The Designated Apartment and the Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Designated Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] on Designated Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place within 30/12/2023 with a grace period upto 6months stipulated date of completion barred from Act of God, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or other exigency affecting the regular development of the real estate project including delay in any Tenant vacating his occupied portion at the said premises ("Force Majeure."). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Designated Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes becomes, impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she he/she/it/they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified herein that all the amounts collected as GST and deposited with the appropriate authorities concerned, shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such GST. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* /completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment (provided the Allottee is not in breach of any term or condition mentioned herein) to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* /completion certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to however, be liable to pay maintenance charges as applicable. applicable from the date of issue of Completion Certificate/occupancy certificate.. Possession by the Allottee – After obtaining the occupancy certificate* /completion certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT UNIT: Schedule for possession of the said [ApartmentApartment/ Unit- The Vendor/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [ApartmentApartment and car parking space/PlotUnit] to the Allottee and the common areas to the Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Vendor/Developer assures to hand over handover possession of the [Apartment/PlotApartment and car parking space/ Unit] on along with ready and complete common areas with all specifications, amenities and facilities of the Project within 31st March 2024 unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Vendor/Developer shall be entitled to the extension of time for delivery of possession of the [ApartmentApartment/ Unit]. It is herein expletively mentioned and agreed by both the parties that if the Vendor/Plot]Developer herein completes the project before the stipulated period as mentioned above and obtains occupancy certificate from the competent authority, provided the purchaser herein shall be bound to register Deed of Conveyance by paying balance amount. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter Vendor/Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor/Developer shall refund to the Allottee Allottee(s) the entire amount received by the Promoter Vendor/Developer from the allotment Allotment within 45 days from that date. The Vendor/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx agrees the Allottee agreed that he/ she shall not have any rights, claims etc. against the Promoter Vendor/Developer and that the Promoter Vendor/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 18.1 Schedule for possession of the said [Apartment/Plot]: Apartment ] – The Promoter agrees and an understands that timely delivery of possession of the [Apartment/PlotApartment ] to the allottee and the common areas and the common areas to the association of allottees or the competent authority. As the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the[Apartment ] along with ready and complete common areas with all specifications, amenities and facilities of the [Apartment/Plot] project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure".”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apartment ] : Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implementedimplemented . The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promote r to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ tht he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within 31st March, 2026, from the date sanction of building plan, with an additional period of 6months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within 15 days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Vendor agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterVendor, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , 31/03/2028 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Purchaser agrees that the Promoter Vendor shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Purchaser agrees and confirms that, in the event it becomes impossible for the Promoter Vendor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor shall refund to the Allottee Purchaser the entire amount received by the Promoter Vendor from the allotment within 45 days from that date. After refund of the money paid by the AllotteePurchaser, Xxxxxxxx Xxxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter Vendor and that the Promoter Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterVendor, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot]Apartment , to the Allottee Purchaser in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter Vendor shall give possession of the [Apartment/Plot] Apartment to the AllotteePurchaser. The Promoter Vendor agrees and undertakes to indemnify the Allottee Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendor. The Allottee Purchaser agree(s) to pay the maintenance charges as determined by the PromoterVendor/association of allotteesPurchasers, as the case may be. The Promoter Vendor on its behalf shall offer the possession to the Allottee in writing within days Purchaser of receiving the occupancy certificate* certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on , 31st May 2025 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent preponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: . The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 2 contracts

Samples: Agreement for Sale, 202.61.117.163

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation after deduction of tax which was already paid to the Government.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on on, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 2 contracts

Samples: ] Agreement, ] Agreement

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on on, unless Unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled been titled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may bemaybe. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of certificate*of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may bemaybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 2 contracts

Samples: Agreement for Sale, Agreementforsale

POSSESSION OF THE APARTMENT. PLOT 8.1 Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the date mentioned herein and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on ………… with a grace period of 12 months (Completion date). in case the Promoter fails to complete the Project, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/Partial Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. .After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 2 contracts

Samples: Eternis Agreement for Sale, Eternis Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: Upon Apartment]:Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on , 31st March 2027 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent preponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1. Schedule for possession of the said [Apartment/Plot]: Said Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Said Apartment to the Allottees and the Common Areas of the Real Estate Project to the association of allottees (upon its formation and registration) is the essence of the Agreement. The Promoter, based on the approved plans and specifications, specifications assures to hand over possession of the [Apartment/Plot] Block (namely ) on (“ Completion Date”), unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Real Estate Project or any further delay(s) beyond the control of the Promoter due to epidemic, pandemic, quarantine restriction, state or nationwide lockdown, including any future disruptions due to the coronavirus disease or other circumstances deemed by the Authority to be force majeure events ("" Force Majeure"). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottees agree that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees Allottees agree and confirms confirm that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottees the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the AllotteeAllottees, Xxxxxxxx agrees the Allottees agree that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterPossession Date has been accepted by the Allottees. However, upon obtaining if the occupancy certificate* from Said Apartment is made ready prior to the competent authority shall offer in writing Completion Date, the possession Allottees undertake and covenant not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the [Apartment/Plot], Allottees are linked inter alia to the Allottee in terms progress of this Agreement construction, and the same is not a time linked plan. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed understood and clarified that if at any time, , the customer is required to pay any stamp duty, registration fee, legal fees, other expenses, etc., which becomes payable therefor, then the same shall be taken within 3 borne paid and discharged by the allottees of the Project (three months from including the date of issue of such notice Allottees herein) proportionately and the Promoter and/or the Owners shall give possession of not be liable therefor in any manner whatsoever and the [Apartment/Plot] to Allottees and the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf other allottees shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from keep the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsOwners fully indemnified with regard thereto.

Appears in 2 contracts

Samples: 202.61.117.163, 202.61.117.163

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allotteesofallottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within within15 days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from The occupancy certificate shall include the Promoter as mentioned above, the Allottee shall take possession certificate of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter project architect for handing over possession. The promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining obtain the occupancy certificate* and handing over physical possession of certificate from the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsconcerned municipality.

Appears in 1 contract

Samples: Agreementforsale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of 6 months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within 15 days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment – The Promoter agrees Promoters agree and understands understand that timely handover / delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the handover of Common Areas to the Association of Allottees or the Competent Authority, as the case may be, is the essence of the Agreement. The PromoterSubject to Force Majeure Event, based on Court orders, policy / guidelines of Competent Authorities, decisions affecting the approved plans and specificationsregular development of the Real Estate Project or any other event / reason of delay recognized or allowed in this regard by the Authority, assures the Promoters assure to hand over possession of the [Apartment/Plot] on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting Apartment with the regular development specifications & amenities thereof mentioned in Schedule VII hereto and the common areas / services / facilities which are part of the real estate project ("Force Majeure")Real Estate Project as mentioned in Schedule VIII hereto; on or before . The Allottees understand and agrees that the common areas / services / facilities which are part of the Complex as mentioned in Schedule IX hereto, are being developed as part of Phase II and will be completed on or before _. If, however, the completion of the Real Estate Project is delayed due to the any Force Majeure conditions Event / Court orders, policy / guidelines of Competent Authorities, decisions affecting the regular development of the Real Estate Project or any other event / reason of delay recognized or allowed in this regard by the Authority, then the Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoters to implement the project Real Estate Project due to Force Majeure conditionsEvent / Court orders, policy / guidelines of Competent Authorities, decisions affecting the regular development of the Real Estate Project or any other event / reason of delay recognized or allowed in this regard by the Authority, then this the allotment of the Apartment to the Allottee shall stand terminated and the Promoter shall Promoters shall, subject to execution and registration of the deed of cancellation as referred in Clause 9.6 herein after, refund to the Allottee the entire amount received by the Promoter from Promoters towards the allotment purchase of the Apartment, without any interest, within 45 90 (ninety) days from that date. The Promoters shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she it shall not have any rights, claims etc. against the Promoter Promoters, the Confirming Parties, and that the Promoter Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within 48 months, from the date sanction of building plan, with an additional period of 6 months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within 15 days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [[ Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Common Areas to the Association of the Allottees ,is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the date mentioned herein and the same shall be in addition to the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment by ………… with a grace period of 12 months (Completion date), unless there is a delay or failure due to failure, war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project or any other reason ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall be under an obligation to refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of date and the money paid by the Allottee, Xxxxxxxx Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement, except to refund the amount as aforesaid. Procedure It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for taking possession – The Promoterrefund of such taxes, upon obtaining charges, levies, cess, assessments and impositions. It is further clarified that the occupancy certificate* from the competent authority shall offer in writing the possession right of the [Apartment/Plot], Allottee shall remain restricted to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice respective Apartment and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees properties appurtenant thereto and undertakes to indemnify the Allottee in case of failure of fulfillment shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* any other Apartment or space and/or any other portions of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of One Self-Contained Residential UNIT NO. 3B (FROM THE DEVELOPER’S ALLOCATION), more or less admeasuring Super Built Up Area of 889 sq.ft. with one covered independent car-parking space admeasuring covered area of more or less 135 Sq.Ft. on the [Apartment/Plot] Third Floor is the essence of the Agreement. The Promoter, based on the approved plans and plansand specifications, assures to hand over possession of the [ApartmentApartment no. 3B with on covered car parking space] on/Plot] on BEFORE 31.12.2025. , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot]Apartment no. 3B with on covered car parking space, to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 30 days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]Apartment no. 3B with on covered car parking space: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within possessionwithin the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Xxxxxxxxx agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: Upon Apartment]:Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1. Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, if, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datesubject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter. The promoter shall intimate the allottee about such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterAllottee shall, upon obtaining after Possession is made over to him, use and enjoy the occupancy certificate* from said Apartment/Residential Apartment in a manner not inconsistent with the competent authority shall offer in writing rights hereunder and without committing any breach, default or creating any hindrance to the possession rights of the [Apartmentother occupiers/Plot], Allottees of the Joyville Project. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1B and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1B, interest with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession. The Allottee in agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under RERA and/or WBHIRA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee to be taken the Promoter till the payment is made. Subject to Force Majeure Events, if the Promoter fails to deliver possession within 3 (three months from the date of issue execution of such notice and this Agreement, the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges such compensation as applicable. Possession may be prescribed under the Rules framed under RERA and/or WBHIRA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee – After obtaining the occupancy certificate* and handing over physical possession which both parties agree that it is a reasonable estimate of the [Apartment/Plot] to damages that the AllotteesAllottee may suffer and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. The Promoter will pay all taxes, it shall be the responsibility rates and cesses, maintenance charges and other outgoings in respect of the Promoter to hand over said Apartment upto the necessary documents and plans, including common areas, to the association date of issue of the Allottees or the competent authority, as the case may be, as per the local lawsNotice of Possession.

Appears in 1 contract

Samples: Agreement for Allotment of Apartment

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]Apartment : The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on 31-12-2028, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority Promoter shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the ProjectAllottee. Failure of Allottee to take Possession of [Apartment/Plot]Apartment : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] Apartment to the AllotteesAllottee, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees Allottee or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment or 10% of the total consideration whichever is lower. The balance amount of money paid by the Allottee shall be returned by the promoter to the Allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Promoter/Xxxxxxxxx agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter/Developer, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment not later than 30th day of April, unless 2027.Unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottees agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottees agrees and confirms confirm that, in the event it becomes impossible for the Promoter Promoter/Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee Allottees the entire amount received by the Promoter Promoter/Developer from the allotment within 45 days from that date. After refund of the money paid by the AllotteeAllottees, Xxxxxxxx Xxxxxxxxx agrees that he/ she he shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – possession- The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottees in terms of this Agreement to be taken within 3 (three months 30 days from the date of issue of such notice and the Promoter Promoter/Developer shall give possession of the [Apartment/Plot] Apartment to the AllotteeAllottees. The Promoter Promoter/Xxxxxxxxx agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter/Developer. The Allottee Allottees agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Promoter/Developer on its behalf shall offer the possession to the Allottee Allottees in writing within 30 days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After Allottees -After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Promoter/Developer to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottees - The Allottees will have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the Allottees proposes to cancel / withdraw from the project without any fault of the Promoter/Developer, the Promoter/Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the Allottees will be returned by the Promoter/Developer to the Allottees within 45 days of such cancellation. Compensation – The Promoter/Developer shall compensate the Allottees in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for compensation under this section shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the Promoter/Developer mails to complete or is unable to give possession of the Apartment(i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or (ii) due to discontinuance of his business as a Promoter/Developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Promoter/Developer shall be liable, on demand to the Allottees, in case the Allottees wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the Apartment, with interest at the rate specified in the rules within 45 days including compensation in the manner as provided under the Act. Provided that where if the Allottees do not intend to withdraw from the Project, the Promoter/Developer shall pay the Allottees interest at the rate specified in the Rules for every month of delay, till the handing over of the possession of the Apartment.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the common areas to the Association of Allottees is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on June 30, 2023, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allotee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allotee(s) the entire amount received by the Promoter from the Allotment within 45 days from that date. The Promoter shall intimate the Allotee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allotee, the Allotee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (two months from the date of issue of completion certificate SUBJECT TOthe terms of the agreement and the Allotee making payment of the total price and all other amounts and deposits payable by the Allotee to the promoter hereunder and fulfilling all his covenants / obligations herein Provided that, in the absence of the local law, the conveyance deed in favor of the Allotee shall be carried out by the Promoter within three months from the date of issue of such notice and completion certificate subject to the Promoter Allotee making payment on the account of stamp duty, registration fees, etc., PROVIDED FURTHER THAT the promoter shall give be not be liable to deliver possession of the [Apartment/Plot] Said Unit to the AllotteeAllotee nor to execute or cost to be executed any sale deed or any other instrument(s) until such time the Allotee makes payment of all amounts agreed and required to be paid hereunder by the Allotee and the Allotee has fully performed all terms and conditions of this agreement and on the part of the Allotee to be observed and performed until then. The Promoter agrees and undertakes to indemnify the Allottee Allotee(s) in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allotee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Promoter/ Association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityAllotees, as the case may be, as per after the local lawsissuance of completion certificate for the Project. The Promoter shall handover the copy of the completion certificate of the Said Unit, to the Allotee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1. Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to allottee and the common areas to the association of allottees and/or Federation or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment by 31.01.2026 along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other event or calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, if, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee within 45 days the entire amount received by the Promoter from the allotment within 45 days from that dateallotment, subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter. The promoter shall intimate the allottee about such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterAllottee shall, upon obtaining after Possession is made over to him, use and enjoy the occupancy certificate* from said Apartment/Residential Apartment in a manner not inconsistent with the competent authority shall offer in writing rights hereunder and without committing any breach, default or creating any hindrance to the possession rights of the [Apartmentother occupiers/Plot], Allottees of the Joyville Project. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1B and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1B, interest with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession. The Allottee in agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under WBRERA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession said amount is payable by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be Promoter till the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawspayment is made.

Appears in 1 contract

Samples: Draft Without Prejudice

POSSESSION OF THE APARTMENT. PLOT 7.1. Schedule for possession of the said [Apartment/Plot]: Said Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Said Apartment to the Allottee and the Common Areas of the Real Estate Project to the association of allottees (upon its formation and registration) is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Said Apartment along with ready and complete Common Areas of the Real Estate Project (as specified in Schedule E below) with all specifications (as provided in Schedule D below) in place on 15.01.2019 (“Completion Date”), unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Real Estate Project ("Force Majeure"). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to Possession Date has been accepted by the Allottee. The Promoter agrees and undertakes However, if the Said Apartment is made ready prior to indemnify the Completion Date, the Allottee in case undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of failure of fulfillment of any his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the provisionsAllottee are linked inter alia to the progress of construction, formalitiesand the same is not a time linked plan. Notwithstanding anything elsewhere to the contrary herein contained, documentation on part it is expressly agreed understood and clarified that if at any time, under the provisions of the Promoter. The Allottee agree(s) applicable laws, the Common Areas and/or the land comprised in the Project Property or any part thereof are required and to pay be transferred to the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from then the Promoter and/or the Owners, as mentioned aboveper their respective entitlements, shall be entitled to do so and the Allottee shall take possession do all acts, deeds and things and sign, execute and deliver all papers documents etc., as be required therefor and if any stamp duty, registration fee, legal fees, other expenses, etc., is payable therefor, then the same shall be borne paid and discharged by the allottees of the [Apartment/Plot] from Project (including the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, Allottee herein) proportionately and the Promoter and/or the Owners shall give possession of the [Apartment/Plot] to the allottee. In case not be liable therefor in any manner whatsoever and the Allottee fails to take possession within and the time provided as mentioned above, such Allottee other allottees shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of keep the Promoter to hand over and the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsOwners fully indemnified with regard thereto.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within , with an additional period of 6 (Six) months, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Promoter / association of allotteesAllottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot][ Apartment / Plot ] : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/[ Apartment / Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot[ Apartment / Plot ] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Apartment / Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allotteesand the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on , 30thday of April 2020 subject to a further grace period of 6 (six) months unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottees agree that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottees undertakes and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottees are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees Allottees agree and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottees the entire amount (less any taxes collected from the Allottees) received by the Promoter Promoter, from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottees about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the AllotteeAllottees, Xxxxxxxx agrees the Allottees agree that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottees shall be free to approach the authorities concerned for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue refund of such notice taxes, charges, levies, cess, assessments and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on Sept 2025, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure")) including if any bar imposed by the government agencies on mining / availability of construction riverbed material. If, however, the completion of the Project is delayed due to the any restrictions, limitations and/or Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such restrictions, limitations, Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to restrictions, limitations and/or Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession : The Promoter, upon completion of the said project or obtaining the occupancy certificate* certificate from the competent authority (whichever is earlier) shall offer in writing (“Notice”) the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice subject to payment of all amounts due and the Promoter shall give possession payable under this Agreement and Registration of the [Apartment/Plot] to the AllotteeDeed of Sale. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may bebe from the date of issue of such Notice. The Promoter on its behalf promoter shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, photocopy of completion certificate of the project to the association of Allottees as received from the Allottees or the competent authority, as the case may be, as per the local lawsAuthority concerned.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Promoter / association of allotteesAllottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the applying forthe occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot][ Apartment ] : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [[ Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot[ Apartment ] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: Said Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Said Apartment to the Allottees and the Common Areas of the Real Estate Project to the association of allottees (upon its formation and registration) is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Said Apartment along with ready and complete Common Areas of the Real Estate Project (as specified in Schedule E below) with all specifications (as provided in Schedule D below) in place on December, 2020, if the Said Apartment is comprised in Building Nos. 1, 2 or 3 in Block A and December, 2022, if the Said Apartment is comprised in Building No.4 in Block D (“Completion Date”), unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Real Estate Project ("Force Majeure"). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottees agree that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apartment Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees Allottees agree and confirms confirm that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottees the entire amount received by the Promoter from the allotment within 45 days from that date. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAllottees, Xxxxxxxx agrees the Allottees agree that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. The Possession Date has been accepted by the Allottees. However, if the Said Apartment is made ready prior to the Completion Date, the Allottees undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the Allottees are linked inter alia to the progress of construction, and the same is not a time linked plan. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed understood and clarified that if at any time, under the provisions of the applicable laws, the Common Areas and/or the land comprised in the Project Property and/or Larger Property or any part thereof are required and to be transferred to the association of allottees, then the Promoter and/or the Owners, as per their respective entitlements, shall be entitled to do so and the Allottees shall do all acts, deeds and things and sign, execute and deliver all papers documents etc., as be required therefor and if any stamp duty, registration fee, legal fees, other expenses, etc., is payable therefor, then the same shall be borne paid and discharged by the allottees of the Project (including the Allottees herein) proportionately and the Promoter and/or the Owners shall not be liable therefor in any manner whatsoever and the Allottees and the other allottees shall keep the Promoter and the Owners fully indemnified with regard thereto. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* completion certificate from the competent authority shall offer in writing the possession of the [Said Apartment/Plot], to the Allottee Allottees in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice completion certificate subject to payment of all amount due and the Promoter shall give possession payable under this Agreement and Registration of the [Apartment/Plot] to the AllotteeDeed of Conveyance. The Promoter agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottees, after taking possession, agree(s) to pay the maintenance charges (as provided on Schedule H below) as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer be from the possession to date of the Allottee in writing within days issuance of receiving the occupancy certificate* of completion certificate for the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee The promoter shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, photocopy of completion certificate of the Project to the association allottee at the time of conveyance of the Allottees or the competent authority, as the case may be, as per the local lawssame.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Vendors/Xxxxxxxx agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Vendors/Promoter, based on the approved plans and specifications, assures to hand over handover possession of the [Apartment/Plot] on 31st MARCH, 2027 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earth quake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee(s) agrees that the Vendors/Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees Allottee(s)agrees and confirms that, in the event it becomes impossible for the Vendors/Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendors/Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Vendors/Promoter from the allotment within 45 days from that date. After refund of the money paid by the AllotteeAllottee(s), Xxxxxxxx Xxxxxxxx(s) agrees that he/ he/she shall not have any rights, claims etc. against the Vendors/Promoter and that the Vendors/Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority ,shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may bemaybe. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the ProjectAllotte. Failure of Allottee Allottee(s) to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Vendors/Promoter as mentioned above, the Allottee Allottee(s) shall take possession of the [Apartment/Plot] from the Vendors/Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Vendors/Promoter shall give possession of the [Apartment/Plot] to the allotteeAllottee(s). In case the Allottee Allottee(s) fails to take possession within the time provided as mentioned above, such Allottee Allottee(s) shall continue to be liable to pay maintenance charges as applicable. Cancellation by Xxxxxxxx(s): The Allottee(s) shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may bemaybe, as per the local laws. Compensation- The Vendors/Promoter shall compensate the Allottee(s) in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for compensation under this section shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the Vendors/Promoter fail to complete or is unable to give possession of the [Apartment] (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or(ii)due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Vendors/Promoter shall be liable, on demand to the Allottees, in case the Allottee(s)wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the Apartment, with interest at the rate specified in the Rules within 45 days including compensation in the manner as provided under the Act. Provided that where if the Allottee(s) does not intend to withdraw from the Project, the Vendors/Promoter shall pay the Allottee(s) interest at the rate specified in the Rules for every month of delay, till the handing over of the possession of the Apartment.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Promoter / association of allotteesAllottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot][ Apartment ] : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [[ Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot[ Apartment ] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within _, with an additional period of 6 (Six) months, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Promoter / association of allotteesAllottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot][ Apartment / Plot ] : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] to the Allottee is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on , ..................................................... unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate the promoter shall intimate the Allottee about such termination atleast 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 2 (two) months from the date of issue of Occupancy Certificate (provided that, in absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within three months from the date of issue of such notice Occupancy Certificate) and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer be after the possession to issuance of Occupancy Certificate for the Allottee in writing within days of receiving the occupancy certificate* of the Projectproject. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper Para 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein Para 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [ApartmentApartment to the Allottee/Plot] Allottee(s) and the common areas to the Society of Allottee/Allottee(s) or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] on Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place within One month, after receiving the full consideration of the apartment, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee/Allottee(s) agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. The Allottee Allottee/Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee/Allottee(s) the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee/Allottee(s) about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee/Allottee(s), Xxxxxxxx the Allottee/Allottee(s) agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Allotment / Agreement

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on , 31st May 2027 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent preponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on 31.10.2028, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottees, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Phase III Common Areas, Amenities and Facilities with all specifications, amenities and facilities of the said Phase of the Project in place on , December 2026 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, If however, the completion of the said Phase III of the Project is delayed due to the Force Majeure conditions then the Allottee Allottees agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottees agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project said Phase of the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottees the entire amount received by the Promoter from the allotment Allotment within 45 (forty five) days from that date. The Promoter shall intimate the Allottees about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the AllotteeAllottees, Xxxxxxxx the Allottees agrees that he/ she they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottees shall be free to approach the authorities concerned for taking possession – The Promoterrefund of such taxes, upon obtaining charges, levies, cess, assessments and impositions. However, if the occupancy certificate* from said Apartment is made ready prior to the competent authority shall offer in writing Completion Date, the possession Allottees undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of their payment obligations, having clearly agreed and understood that the payment obligations of the [Apartment/Plot], Allottees are linked inter alia to the Allottee in terms progress of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreementconstruction, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the same is not a time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawslinked plan.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [ApartmentUnit/Plot] Apartment for Residential usage alongwith one two xxxxxxx parking space to the Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may be, as provided under Rule 2(1)(f) of Rules, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [ApartmentUnit/Plot] on Apartment for Residential usage alongwith one two xxxxxxx parking space within 4 years from the date of approval of Building Plans and / or Environment clearance, whichever is later, as per agreed terms and conditions unless there is delay or failure due to war“force majeure”, floodCourt orders, drought, fire, cyclone, earthquake or any other calamity caused by nature Government policy/ guidelines/ decisions affecting the regular development of the real estate project ("Force Majeure")project. If, however, the completion of the Project is delayed due to the Force Majeure conditions above conditions, then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [ApartmentUnit/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible Apartment for the contract to be implementedResidential usage. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure and above mentioned conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment allottee within 45 90 (ninety) days from that datein terms of Affordable Housing Policy 2013. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining It is clarified & agreed between the occupancy certificate* from parties that the competent authority shall offer in writing the possession of the [Apartment/Plot], amount to be refunded would be restricted to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to base amount which has been paid by the Allottee. The GST(if applicable) or any other taxes, duties, charges, levies or like statutory impositions, if any demanded or paid, would not be refunded by the Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of agrees to file for refund claim from the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may beGovernment. The Promoter on its behalf shall offer the possession will provide necessary assistance in so far related to the Allottee in writing within days of receiving documentation which may be required for claiming the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation refund from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsgovernment.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on 31st December, 2023 with a grace period of six months (Completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities / Amenities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for taking possession – refund of such taxes, charges, levies, cess, assessments and impositions. The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession right of the [Apartment/Plot]Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex. The Promoter has provided to the Allottee in terms of this Agreement to be taken within 3 (three months from a time schedule for construction progress based on the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allotteemilestones on which payment is due. The Promoter agrees dates provided are only tentative and undertakes for the purpose of dealing with contractors and will also make efforts to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, complete various stages as per the local lawstime schedule but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided herein above and accordingly tentative dates are mentioned in the payment plan.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on , 24th June 2027 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent preponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee(s), is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] on Apartment along with right to use common areas with all specifications, amenities and facilities of the said Project in place, in the month of March 2019 with a grace period of Twelve (12) months, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force projector any unforeseen occurrences, acts, court order or any other events, omissions or accidents which are beyond the reasonable control of the Ownersand the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement(“Force Majeure"). If, If however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees Allottee(s) agree(s) and confirms that, in the event it becomes impossible for the Promoter to implement the project said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment within 45 (forty five) days from that date. The Promoter shall intimate the Allottee(s) about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx agrees Allottee(s),the Allottee(s) agree(s) that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited including stamp duty, registration charges and incidental charges with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee(s) shall be free to approach the authorities concerned for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue refund of such notice taxes, charges, levies, cess, assessments and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter/Developer shall make the said flat habitable within a period of 36 (thirty six) months plus 6 (six) months grace period, based on totaling to 42 months i.e. October, 2021 for the approved plans allotee to take possession of the said flat and specificationsappurtenances, after fulfilling all obligations under this agreement, including payment of the balance of the total consideration indicated above subject to execution and registration of necessary deed of conveyance. The Promoter assures to hand over possession of the [Apartment/Plot] on Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project within the aforesaid time period, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she he/she/it/they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified herein that all the amounts collected as GST and deposited with the appropriate authorities concerned, shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such GST. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* /completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment (provided the Allottee is not in breach of any term or condition mentioned herein) to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* /completion certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] on Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place within , ………… with a grace period of further six months unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"” as mentioned in Cl.7.1 and with Application of Booking Form Cl.9A & 9B). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and Occupancy Certificate. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the Promoter shall give possession within 3 months from the date of the [Apartment/Plot] to the Allotteeissue of Occupancy Certificate. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Association of allotteesAllottees, as the case may bebe after the issuance of the Completion Certificate for the project. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association Occupancy Certificate of the Allottees or the competent authorityApartment, as the case may be, as per to the local lawsAllottee at the time of conveyance of the same. It is pertinent to mention that in case any allottee place a written proposal for registration of Deed of Conveyance in his favour of the under constructed area then the same shall be registered in his name but the Completion/Occupancy Certificate shall be handed over later after completion of the phase of the project.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , 30/11/2024 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 90 days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/PlotFlat//Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/PlotFlat//Plot] on OCTOBER’2025, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be tobe taken within 3 (three two months from the date of issue of such notice and Occupancy Certificate. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the Promoter shall give possession within 3 months from the date of the [Apartment/Plot] to the Allotteeissue of Occupancy Certificate. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Association of allotteesAllottees, as the case may bebe after the issuance of the Completion Certificate for the project. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association Occupancy Certificate of the Allottees or the competent authorityApartment, as the case may be, as per to the local lawsAllottee at the time of conveyance of the same. It is pertinent to mention that in case any allottee place a written proposal for registration of Deed of Conveyance in his favour of the under constructed area then the same shall be registered in his name but the Completion/Occupancy Certificate shall be handed over later after completion of the phase of the project.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] the[Apartment on , 19.07.2026 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 10(Ten) days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1. Schedule for possession of the said [Apartment/Plot]: Said Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Said Apartment to the Allottee and the Common Areas of the Real Estate Project to the association of allottees (upon its formation and registration) is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Said Apartment along with ready and complete Common Areas of the Real Estate Project (as specified in Schedule E below) with all specifications (as provided in Schedule D below) in place on December, 2022 (“Completion Date”), unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Real Estate Project ("Force Majeure"). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apartment Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to Possession Date has been accepted by the Allottee. The Promoter agrees and undertakes to indemnify However, if the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession Said Apartment is made ready prior to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveCompletion Date, the Allottee shall take possession undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the [Apartment/Plot] from Allottee are linked inter alia to the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreementprogress of construction, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the same is not a time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawslinked plan.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within 36 months, from the date sanction of building plan, with an additional period of 12 months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee- The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Unit is the essence of the Agreement. The Promoter, based on the approved plans plan and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , ………………………………… unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature and any event or happening which is beyond the control of the Promoter affecting the regular development of the real estate project Project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty- five) days from that date. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – possession: The Promoter, upon obtaining the occupancy certificate or completion certificate* , whichever be applicable, from the competent authority authority, within a maximum period of 15 (fifteen) days from the date of such certificate, shall offer issue a notice in writing (“NOTICE OF POSSESSION”) by speed post/e-mail in favour of the Allottee calling upon the Allottee to take possession of the [ApartmentUnit within a maximum of 45 (forty five) days from the date of the said Notice by the Allottee (the “POSSESSION DATE/ DEEMED DATE OF POSSESSION”). Provided that the conveyance deed in favour of the Allottee shall be executed and registered by the Owner/Plot]Promoter, as the case may be (subject, however, to the Allottee making all payments as mentioned in the Part II of SCHEDULE-5 hereto and taking possession of the Apartment in terms of this Agreement the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to be taken the Promoter as per requisition of the Promoter) within 3 (three three) months from the date of issue of occupancy/ completion certificate (or such notice other certificate by whatever name called issued by the competent authority) and the Promoter Allottee shall give possession of be bound to register the [Apartment/Plot] to conveyance deed within the Allotteetime stipulated above. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee, after taking possession and/or from the Deemed Date of Possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation the Notice of Possession from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Unit from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] Apartment to the allotteeAllottee. In case the Allottee fails to take possession within the time provided in “the Notice of Possession” as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges ,taxes as applicablespecified in para 7.2 and all other outgoings mentioned in this Agreement. Possession by the Allottee – Allottee: After obtaining the occupancy certificate* / completion certificate (or such other certificate by whatever name called issued by the competent authority) and handing over physical possession of the [Apartment/Plot] Unit to the AllotteesAllottee, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areasCommon Areas, to the association Association of the Allottees theAllottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on on, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allotteesAllottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsdaysofreceivingtheoccupancycertificate*oftheProject.

Appears in 1 contract

Samples: Agreement

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Apartment:-The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on , unless Apartment on………………………………. Unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force MajeureForceMajeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

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POSSESSION OF THE APARTMENT. PLOT 7.1. Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to allottee and the common areas to the association of allottees and/or Federation or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, if, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datesubject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to the Promoter. The promoter shall intimate the allottee about such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterAllottee shall, upon obtaining after Possession is made over to him, use and enjoy the occupancy certificate* from said Apartment/Residential Apartment in a manner not inconsistent with the competent authority shall offer in writing rights hereunder and without committing any breach, default or creating any hindrance to the possession rights of the [Apartmentother occupiers/Plot], Allottees of the Joyville Project. If the Promoter fails to abide by the time schedule for completing Joyville Phase 1B and handing over the Apartment(s) to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from Joyville Phase 1B, interest with applicable taxes as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till handing over of the possession. The Allottee in agrees to pay to the Promoter interest with applicable taxes as prescribed under the Rule framed under WBRERA, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee to the Promoter till the payment is made. Subject to Force Majeure Events, if the Promoter fails to deliver possession within , the Promoter shall be taken within 3 (three months from liable to pay such compensation as may be prescribed under the Rules framed under WBRERA or at such specified rate as may be specified by the Promoter and as agreed by the Allottee and which both parties agree that it is a reasonable estimate of the damages that the Allottee may suffer and the Allottee agrees that the Allottee shall have no other rights and/or remedies and/or claims whatsoever. The same will be adjusted with the amount payable as demanded in the “Notice of Possession”. The Promoter will pay all taxes, rates and cesses, maintenance charges and other outgoings in respect of the said Apartment up to the date of issue of such notice and the Promoter shall give possession Notice of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsPossession.

Appears in 1 contract

Samples: Agreement for Allotment of Apartment

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Phase I Common Areas, Amenities and Facilities with all specifications, amenities and facilities of the said Phase of the Project in place on , 30th April 2023 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, If however, the completion of the said Phase I of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project said Phase of the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Allotment within 45 (forty five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for taking possession – The Promoterrefund of such taxes, upon obtaining charges, levies, cess, assessments and impositions. However, if the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], said Apartment is made ready prior to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveCompletion Date, the Allottee shall take possession undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the [Apartment/Plot] from Allottee are linked inter alia to the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreementprogress of construction, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the same is not a time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawslinked plan.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Project Common Areasto the association of Allottees or the competent authority, as the case may be, is of the essence of essenceof the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along withready and complete common areas with all specifications, amenities and facilities of the project in place on 31st December 2025, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature and any event or happening which is beyond the control of the Promoter affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due delayeddue to the Force Majeure conditions (as defined in the Act) then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* certificate or completion certificate (which may be granted and termed as partial/block wise occupancy/completion certificate by the concerned municipal authority for the said Project at the said Project Land because of the fact that the concerned municipal authority may be granting a single sanctioned plan for both the said Project Land and for other phases of the Complex/Larger Land but the said partial completion certificate shall mean and include completion certificate for the said Project and the Wings constructed thereat), whichever be applicable, from the competent authority shall, within a maximum period of 15 (fifteen) days from receiving such certificate from the competent authority, shall offer issue a notice in writing (“NOTICE OF POSSESSION”) by speed post/e-mail in favour of the Allottee calling upon the Allottee to take possession of the [Apartment/Plot]Apartment within a maximum of 45 (forty five) days from the date of the said Notice of Possession by the Allottee (“POSSESSION DATE”/ “DEEMED DATE OF POSSESSION”). Provided that, the conveyance deed in favour of the Allottee shall be executed and registered by the Promoter (subject, however, to the Allottee making all payments as mentioned in the Part II of Schedule-I hereto and taking possession of the Apartment in terms of this Agreement the Notice of Possession and making payment of the stamp duty, registration charges and legal charges and incidental expenses to be taken the Promoter as per requisition of the Promoter) within 3 (three three) months from the date of issue of occupancy/ completion certificate (or such notice other certificate by whatever name called issued by the competent authority) and the Promoter Allottee shall give possession of be bound to register the [Apartment/Plot] to conveyance deed within the Allotteetime stipulated above. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee, after taking possession and/or from the Deemed Date of Possession, agree(s) to pay the maintenance charges as determined by the Promoter/Promoter/ association of allottees, as the case may be. The Promoter on its behalf shall offer handover the possession copy of the occupancy certificate/completion certificate (or such other certificate by whatever name called issued by the competent authority) of the apartment to the Allottee in writing within days at the time of receiving the occupancy certificate* conveyance of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawssame.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: Apartment & demarcated Car Parking (if any) – The Promoter Owner agrees and understands that timely delivery of possession of the [Apartment/Plot] Designated Unit, is the essence of the Agreement. The Promoter, Owner based on the approved plans and specifications, specifications assures to hand over possession of the [Apartment/Plot] Designated Unit on , December 2025 unless there is delay or failure due to war, flood, pandemic, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting affective the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees ALLOTTEES agree that the Promoter Owner shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]Designated Unit, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement implemented the project due to Force Majeure conditionscondition, then this allotment shall stand terminated and the Promoter Owner shall refund to the Allottee ALLOTTEES the entire amount received by the Promoter Owner from the allotment within 45 days from that the date. The owner shall intimate the ALLOTTEES about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeALLOTTEE, Xxxxxxxx the ALLOTTEE agrees that he/ she he/she/they shall not have any rights, claims etc. against the Promoter Owner and that the Promoter Owner shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – possession- The PromoterOwner, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot]Designated Unit, to the Allottee ALLOTTEES in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter Owner shall give possession of the [Apartment/Plot] Unit to the Allottee. The Promoter Owner agrees and undertakes to indemnify the Allottee ALLOTTEES in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the PromoterOwner. The Allottee ALLOTTEES, after taking possession, agree(s) to pay the maintenance charges as determined by the PromoterOwner/association of allotteesALLOTTEESs, as the case may be, after the issuance of the Completion Certificate for the Project. The Promoter Owner on its behalf shall offer the possession to the Allottee in writing within ………days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee ALLOTTEES to take Possession of [Apartment/Plot]: Unit - Upon receiving a written intimation from the Promoter Owner as mentioned aboveper para 7.2, the Allottee ALLOTTEES shall take possession of the [Apartment/Plot] Designated Unit from the Promoter Owner by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, Agreement and the Promoter Owner shall give possession of the [Apartment/Plot] Apartment along with demarcated Car Parking space (if any) to the allotteeALLOTTEES. In case the Allottee ALLOTTEES fails to take possession within with the time provided as mentioned above, in para7 such Allottee ALLOTTEE shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – ALLOTTEE: - After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment demarcated Car Parking space (if any) to the AllotteesALLOTTEE, it shall be the responsibility of the Promoter Owner to hand over the necessary documents and plans, including common areas, to the association of the Allottees ALLOTTEES or the competent authority, as the case may be, as per the local laws. Cancellation by ALLOTTEE- the ALLOTTEES shall have the right to cancel/withdraw his allotment in the Project as provided in the Act; Provided that where the ALLOTTEES proposes to cancel/withdraw from the project without any fault of the owner, the owner herein is entitled to forfeit the booking Amount paid for the allotment. The balance amount of money paid by the Allottee shall be returned by the Owner to the ALLOTTEE within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter Promoters agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to The Allottee on 30.12.2023 along with the Common Areas to be handed over to the association of Allottee is the essence of the AgreementAgreement along with Completion certificate / Occupancy certificate. It is clarified that the Allotee reserves the right to take the possession of the apartment prior to the completion of the common areas. The Promoter, based on the approved plans and specifications, Promoters assures to hand over possession of the [ApartmentApartment along with right to use Common Areas with all specifications, amenities and facilities of the Said Project/Plot] on , Complex to be in place by-unless there is delay or failure due to war, flood, pandemic, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project G +IV storied building ("Force Majeure"the “FORCE MAJEURE”). If, however, the completion of the Project SaidProject/Complex is delayed due to the Force Majeure conditions then the The Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoters to implement the project due Said– Project/Complexdue to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Co-Owner/Developer shall refund to the The Allottee the entire amount received by the Promoter from Co-Owner/Developerfrom the allotment within 45 60 days from that date. The Promoters shall intimate to The Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the The Allottee, Xxxxxxxx The Allottee agrees that he/ she The Allottee shall not have any rights, claims etc. against the Promoter Promoters and that the Promoter Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]Apartment / Unit: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment / Unit is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment / Unit on or before 31st July, 2026, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, pandemic / epidemic or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions (as defined in the Act) then the Allottee Allottees agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], Apartment / Unit provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottees agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottees the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the AllotteeAllottees, Xxxxxxxx Xxxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot]Apartment / Unit, to the Allottee Allottees in terms of this Agreement to be taken within 3 (three three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment / Unit to the AllotteeAllottees. The Promoter agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottees, agree(s) to pay the maintenance charges as determined by the Promoter/Promoter/ association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee Allottees in writing within 30 days of receiving the completion / occupancy certificate* , as applicable, of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on , unless 31 st December 2022unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]. However, provided if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/ her / their/ its payment obligations, having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1. Schedule for possession of the said [Apartment/Plot]: Said Apartment - The Promoter Vendor agrees and understands that timely delivery of possession of the [ApartmentSaid Apartment to the Purchaser/Plot] Allottee and the Common Areas of the Project to the association of Purchaser/Allottees (upon its formation and registration) is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Vendor assures to hand over possession of the [Said Apartment/Plot] , described in the Third Schedule below along with ready and complete Common Areas of the Project as specified in the Fourth Schedule below withall specifications (as provided in Seventh Schedule below) in place on or before October, 2023 for Block ‘D’ of the complex unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Purchaser/Xxxxxxxx agrees that the Promoter Vendor shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apartment Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Purchaser/Xxxxxxxx agrees and confirms that, in the event it becomes impossible for the Promoter Vendor to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor shall refund to the Purchaser/Allottee the entire amount received by the Promoter Vendor from the allotment within 45 days from that date. The Vendor shall intimate the Purchaser/Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Purchaser/Allottee, Xxxxxxxx the Purchaser/Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter Vendor and that the Promoter Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterPossession Date has been accepted by the Purchaser/Allottee. However, upon obtaining if the occupancy certificate* from Said Apartment is made ready prior to the competent authority shall offer in writing Completion Date, the possession Purchaser/Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the [ApartmentPurchaser/Plot], Allottee are linked inter alia to the Allottee in terms progress of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreementconstruction, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the same is not a time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawslinked plan.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she he/she/it/they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified herein that all the amounts collected as GST and deposited with the appropriate authorities concerned, shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such GST. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* /completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment (provided the Allottee is not in breach of any term or condition mentioned herein) to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* /completion certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of receiving applying for the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: Upon Apartment]:Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining applying for the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* certificate of the Project. days of applying for the occupancy Failure of Allottee allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining applying for the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Common Areas to the Association of allottees on its formation or to the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on [Apartment/Plot] on (‘Completion Date”), unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"“FORCE MAJEURE”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]. Provided, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes become impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking The possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to has been accepted by the Allottee. The Promoter agrees and undertakes to indemnify However, if the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession Apartment is made ready prior to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveCompletion Date, the Allottee shall take possession undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her/their/its payment obligations, having clearly agreed and understood that the payment obligations of the [Apartment/Plot] from Allottee are linked inter alia to the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreementprogress of construction, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the same is not a time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawslinked plan.

Appears in 1 contract

Samples: Agreement for Transfer

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within , unless with an additional period of 6 (Six) months, Unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining after application of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 1 (three months one) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Promoter / association of allotteesAllottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. In case, the allottee express his /her/their view to take physical possession of the under constructed apartment and gives a written application for handover of physical possession in such case the completion certificate shall be handed over only after obtaining the same from the competent authority. Failure of Allottee allottee to take Possession of [Apartment/Plot][ Apartment / Plot ] : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/[ Apartment / Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot[ Apartment / Plot ] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Apartment / Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1. Schedule for possession of the said [Apartment/Plot]: Said Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Said Apartment to the Allottee and the Common Areas of the Real Estate Project to the association of allottees (upon its formation and registration) is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [ApartmentSaid Apartment along with ready and complete Common Areas of the Real Estate Project (as specified in Schedule E below) with all specifications (as provided in Schedule D below) in place on December 2019 for (1) Block/Plot] on Building No. 1A (namely Daisy) (2) Block/Building No. 1B (namely Orchid) (3) Block/Building No. 1C (namely Daffodil) (4) Block/Building No. 1D (namely Jasmine) and (4) Block/Building No. 2A (namely Lavender) and December 2020 for (1) Block/Building No. 1G (namely Lily) (2) Block/Building No. 1E (namely Lilac) (3) Block/Building No. 1F (namely Tulip) (4) Block/Building No. 2B (namely Marigold) and (5) Block/Building No. 2D (namely Irish) (“Completion Date”), unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Real Estate Project ("Force Majeure"). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apartment Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to Possession Date has been accepted by the Allottee. The Promoter agrees and undertakes to indemnify However, if the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession Said Apartment is made ready prior to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveCompletion Date, the Allottee shall take possession undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the [Apartment/Plot] from Allottee are linked inter alia to the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreementprogress of construction, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the same is not a time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawslinked plan.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within 31.012.2023, from the date sanction of building plan, with an additional period of 6 months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within 15 days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on , 31st December 2022 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on 13th February, 2023 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]. However, provided if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of their payment obligations, having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx agrees the Allottee agree that he/ she they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and Developerand that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [ApartmentApartment - The Developer/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee(s) and the common areas to the Association of Allottees or the Competent Authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Developer/Promoter assures to hand over possession of the [Apartment/Plot] Apartment alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on , not later than 31st December 2023 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"” as mentioned in Clause 7.1 and with Application of Booking Form Clause 9A & 9B). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottee(s) agree/s that the Developer/Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees Allottee(s) agree/s and confirms confirm/s that, in the event it becomes impossible for the Developer/Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Developer/Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Developer/Promoter from the allotment within 45 (forty five) days from that date. The Developer/Promoter shall intimate the Allottee(s) about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the AllotteeAllottee(s), Xxxxxxxx agrees the Allottee(s) agree/s that he/ she he/she/they shall not have any rights, claims etc. against the Developer/Promoter and that the Developer/Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within 24 (Twenty Four) months, with an additional period of 12 (Twelve) months, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Promoter / association of allotteesAllottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot][ Apartment ] : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [[ Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot[ Apartment ] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1. Schedule for possession of the said [Said Apartment/Plot]: -The Promoter Promoters agrees and understands that timely delivery of possession of the [Apartment/Plot] Said Apartment And Appurtenances to the Allottee and the Common Areas of the Said Project to the association of allottees (upon its formation and registration) is the essence of the Agreement. The PromoterPromoters, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Said Apartment And Appurtenances along with ready and complete Common Areas of the Said Project (as specified in Schedule E below) with all specifications (as provided in Schedule D below) in place on 30.09.2028(Completion Date), unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project Said Project ("Force Majeure"). If, however, the completion of the Said Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]Said Apartment And Appurtenances, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoters to implement the project Said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoters shall refund to the Allottee the entire amount received by the Promoter Promoters from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter Promoters and that the Promoter Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment – The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the common areas to the Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over handover possession of the [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on , August’2022 unless prevented by any reasonable causes beyond the control of the promoter or there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 45 days from that date. The Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx agrees the Allottee agreed that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: . The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the this Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31st day of March, 2021, subject to a grace period of additional 6 (six) months therefrom unless there is delay or failure due to war, floodfood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that the date. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that andthat the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* occupancy/completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy/completion certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the Promoter shall give possession within 3 months from the date of the [Apartmentissue of occupancy/Plot] to the Allotteecompletion certificate]. The Promoter agrees and undertakes to indemnify andundertakes toindemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Promoter/ associationof allottees, as thecase maybe aftertheissuance of the completion certificate for theproject. The Promoter shall hand over theoccupancy/completion certificate of the Apartment, asthe case may be. The Promoter on its behalf shall offer the possession , to the Allottee in writing within days allottee at the time of receiving the occupancy certificate* conveyance of the Projectsame. Announcement of completion of the proposed building/s by the promoter, after obtaining CC, the maintenance expenses would start up and will be binding upon the Allottee/s. Failure of Allottee to take Possession of [Apartment/Plot]: . Upon receiving a written intimation from the Promoter as mentioned aboveper para 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter by executing necessary indemnities, undertakings undertaking and such other documentation as prescribed in this Agreement, Agreement and the Promoter shall give possession of the [Apartment/Plot] to the Apartmenttothe allottee. In case the Allottee fails to take Allotteefails totake possession within the time provided as mentioned above, timeprovided in para 7.2 such Allottee shall continue to be liable to pay maintenance charges as applicableasspecified in para 7.2. Possession by the Allottee – After obtaining the occupancy occupancy/completion certificate* and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws; [Provided that, in the absence of any local law, the Promoter shall handover the necessary documents and plans, including common areas, to the association of allottees or the competent authority, as the case may be, within thirty days after obtaining the completion/ completion certificate]. Cancellation by allottee – The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act. Provided that where the allottee proposes to cancel/withdraw from the project withoutanyfault of the Promoter, the Promoterherein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Promoter to the allottee within 45 days of such cancellation, deducting therefrom 10% of the agreed consideration alongwith applicable levies/taxes.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she he/she/it/they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified herein that all the amounts collected as GST and deposited with the appropriate authorities concerned, shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such GST. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* /completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment (provided the Allottee is not in breach of any term or condition mentioned herein) to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* /completion certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to however, be liable to pay maintenance charges as applicable. Possession by applicable from the Allottee – After obtaining the date of issue of Completion Certificate/occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws...

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within , with an additional period of 6 (Six) months, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Promoter / association of allotteesAllottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee allottee to take Possession of [Apartment/Plot][ Apartment / Plot ] : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/[ Apartment / Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot[ Apartment / Plot ] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on , ……………………,unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within within…………………. days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: 202.61.117.163

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] ], on , unless there is delay or failure due to war, flood, drought, fire, ,cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. , against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. , The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allotteesAllottees, as the case may be. The Promoter on its behalf shall offer the possession offerthepossession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee - After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: See Rule 91 Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Phase I Common Areas, Amenities and Facilities with all specifications, amenities and facilities of the said Phase of the Project in place on , 30th April 2023 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, If however, the completion of the said Phase I of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project said Phase of the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Allotment within 45 (forty five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for taking possession – The Promoterrefund of such taxes, upon obtaining charges, levies, cess, assessments and impositions. However, if the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], said Apartment is made ready prior to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveCompletion Date, the Allottee shall take possession undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre- ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the [Apartment/Plot] from Allottee are linked inter alia to the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreementprogress of construction, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the same is not a time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawslinked plan.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within months, from the date sanction of building plan, with an additional period of months, unless there is delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The PromoterDeveloper, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Developer / association of allotteesAllottees, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee allottee to take Possession of [[ Apartment/Plot]: ] :Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter Developer to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the Developer to the allottee within 45 days of such cancellation without any interest.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on Apartment within , with an additional period of 6 (Six) months, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for of delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datedate without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining of the occupancy certificate* from certificate to the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement agreement to be taken within 3 (three months Three) month from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Promoter / association of allotteesAllottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. days of receiving the Failure of Allottee allottee to take Possession of [Apartment/Plot][ Apartment / Plot ] : Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/[ Apartment / Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot[ Apartment / Plot ] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Apartment / Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation without any interest and after deduction of tax which was already paid to the Government.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on FLAT – 18 (D), 3RD FLOOR, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 30 days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot], : The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] , to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot, /Plot] with all specifications, in place on with a grace period of six months (Completion date) . Similarly, the Common areas will be handed over progressively on completion of each phase unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity calamity, order, rule, notification of the government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project ("Force Majeure"). The Common Areas of the entire Project shall be completed on the completion of the entire Project and not with respective phases, However such Common Areas of the Project will get connected with the completion of the phases of the Project. If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided and the same shall not include the period of extension given by the Authority for registration, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities /Amenities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter Vendor agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The PromoterVendor, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on March, 2025 and the entire Project will complete on December, 2025 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee(s) agrees that the Promoter Vendor shall be been entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter Vendor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor shall refund to the Allottee Allottee(s) the entire amount received by the Promoter Vendor from the allotment within 45 days from that date. After refund of the money paid by the AllotteeAllottee(s), Xxxxxxxx Allottee(s) agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Vendor and that the Promoter Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee Allottee(s) to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, Vendor the Allottee Allottee(s) shall take possession of the [Apartment/Plot] from the Promoter Vendor by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Vendor shall give possession of the [Apartment/Plot] to the allotteeAllottee(s). In case the Allottee Allottee(s) fails to take possession within the time provided as mentioned above, such Allottee Allottee(s) shall continue to be liable to pay maintenance charges as applicable. Possession Cancellation by Xxxxxxxx(s): The Allottee(s) shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee(s) proposes to cancel/ withdraw from the project than Cancellation Agreement will be done before and the advance amount paid by the Allottee – After obtaining the occupancy certificate* and handing over physical possession Allottee(s) shall be refunded only on sale of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawssaid Flat.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Apartment / Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on dated _, unless Unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – possession–The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Promoter / association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 90 (Ninety) days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter by executing necessary indemnities, undertakings under takings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] Apartment to the allottee. In case Incase the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee Allottee– After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: Apartment The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the Common Areas to the Association or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete Common Areas with all specifications, amenities, and facilities of the Project in place on , 30th June 2027 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment. However, if the said Apartment is made ready prior to the Completion Date, the Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent preponement of his/Plot]her /their/its payment obligations, provided having clearly agreed and understood that the payment obligations of the Allottee are linked inter alia to the progress of construction, and the same is not a time linked plan Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount (less any taxes collected from the Allottee) received by the Promoter Promoter, from the allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterIt is clarified that all amounts collected as taxes, upon obtaining charges, levies, cess, assessments, and impositions and deposited with the occupancy certificate* from the competent authority appropriate authorities concerned shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to not be taken within 3 (three months from the date of issue of such notice and returned by the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession be free to approach the authorities concerned for refund of the [Apartment/Plot] from the Promoter by executing necessary indemnitiessuch taxes, undertakings charges, levies, cess, assessments and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local lawsimpositions.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession Possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on 31/12/2026 , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], Apartment provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within thirty days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]Flat: The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment/Plot] said Flat is the essence of the Agreement. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] said Flat on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Purchaser agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]said Flat, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee Purchaser agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee Purchaser the entire amount received by the Promoter Developer from the allotment within 45 days from that date. After refund of the money paid by the AllotteePurchaser, Xxxxxxxx Xxxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The PromoterDeveloper, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot]said Flat, to the Allottee Purchaser in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter Developer shall give possession of the [Apartment/Plot] said Flat to the AllotteePurchaser. The Promoter Developer agrees and undertakes to indemnify the Allottee Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee Purchaser agree(s) to pay the maintenance charges as determined by the PromoterDeveloper/association of allotteesPurchasers, as the case may be. The Promoter Developer on its behalf shall offer the possession to the Allottee Purchaser in writing within 15 days of receiving the occupancy certificate* certificate of the Project. Failure of Allottee Purchaser to take Possession of [Apartment/Plot]said Flat: Upon receiving a written intimation from the Promoter Developer as mentioned aboveper clause 7.2, the Allottee Purchaser shall take possession of the [Apartment/Plot] said Flat from the Promoter Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter Developer shall give possession of the [Apartment/Plot] said Flat to the allotteePurchaser. In case the Allottee Purchaser fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee Purchaser shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee Purchaser – After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] said Flat to the AllotteesPurchasers, it shall be the responsibility of the Promoter Developer to hand over the necessary documents and plans, including common areas, to the association of the Allottees Purchasers or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT 7.1 Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 30th June, 2024 (Completion Date) provided however the Completion Date may be extended by a period of 6 (six) Months (Extended Period) at the option of the Promoter, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions (as defined in the Act) then the Allottee agrees that the Promoter shall be entitled to the further period of extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Promoter shall neither incur any liability nor be held liable for claim of any amount by the Allottees, if the Promoter is unable to deliver possession of the Said Flat within the Completion Date and/or the Extended Period due to Circumstances of Force Majeure conditions (as defined in the Act) or for or on account of (1) delay on the part of the Allottee in making any payment and (2) any other reasonable cause (for what is a reasonable cause, the decision of the Architect shall be final and conclusive) whereby the Promoter is prevented from completing the Said Flat And Appurtenances or any portion thereof. In no event shall the Allottee be entitled to claim any amount from the Promoter on account of consequential losses and damages and otherwise if the Said Flat and Appurtenances is not completed within the Completion Date and/or the Extended Period. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such terminatio n at least thirty days prior to such termination. After refund of the money paid by the Allottee, Xxxxxxxx the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT. PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Apartment is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Apartment on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she he/she/it/they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified herein that all the amounts collected as GST and deposited with the appropriate authorities concerned, shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such GST. Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* /completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment (provided the Allottee is not in breach of any term or condition mentioned herein) to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* /completion certificate of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned aboveper clause 7.2, the Allottee shall take possession of the [Apartment/Plot] Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] Apartment to the allottee. In case the Allottee fails to take possession within the time provided as mentioned abovein clause 7.2, such Allottee shall continue to however, be liable to pay maintenance charges as applicable. applicable from the date of issue of Completion Certificate/occupancy certificate.. Possession by the Allottee – After obtaining the occupancy certificate* /completion certificate and handing over physical possession of the [Apartment/Plot] Apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Agreement for Sale

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