Common use of PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT ALLOTTEES Clause in Contracts

PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT ALLOTTEES. The Promoter may at its sole discretion permit such assignment/transfer of this Agreement in favour of a nominee of the Allottee on a case to case basis subject always to payment of the administrative charges and/or transfer charges in accordance with the Promoter's policy for the time being as well as the execution of appropriate collateral documentation by the Allottee and the proposed nominees(s)/assignee(s)/transferee(s), to the complete satisfaction of the Promoter. In the event the Allottee has obtained finance/loan against the said Unit from any financial institution/bank, then a no objection certificate/letter by such financial institution/bank shall also be submitted to the Promoter, permitting/consenting to the requested assignment/transfer, by the Allottee. It is however made clear that the Allottee does not have any enforceable right to demand assignment/transfer of its rights under this Agreement and the Promoter is entitled to reject the requested assignment/transfer of this Agreement without assigning any reasons. In the event that any such request for assignment/transfer of rights under this Agreement is permitted by the Promoter, it shall always be subject to the applicable laws, rules, regulations and the directions of the Government. The Allottee hereby indemnifies and undertakes to keep the Promoter saved, indemnified and harmless at all times from any legal, monetary (including liability for any tax, penalty or dues, etc.), or any other adverse consequence whatsoever on account of such permission being accorded by the Promoter on the request of the Allottee. It is made clear to the Allottee that under no circumstances shall the permission for assignment/transfer of its rights under this Agreement be granted to the Allottee on any request made either subsequent to the Notice of Possession for the said Unit or after receipt of the complete Sale Consideration from the Allottee against the said Unit. In the event of the assignment/transfer of the Allottee's rights under this Agreement in favour of any third person as its nominee(s), such nominee(s) shall in turn be bound by all the terms and conditions stipulated herein and the letter of Allotment or any other document executed in this respect by the Allottee. It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottees of the Unit, in case of a transfer, as the said obligations go along with the Unit for all intents and purposes.

Appears in 2 contracts

Samples: Buyer Agreement, Buyer Agreement

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PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT ALLOTTEES. The Promoter may at its sole discretion permit such assignment/transfer of this Agreement in favour of a nominee of the Allottee on a case to case basis subject always to payment of the administrative charges and/or transfer charges in accordance with the Promoter's policy for the time being as well as the execution of appropriate collateral documentation by the Allottee and the proposed nominees(s)/assignee(s)/transferee(s), to the complete satisfaction of the Promoter. In the event the Allottee has obtained finance/loan against the said Unit from any financial institution/bank, then a no objection certificate/letter by such financial institution/bank shall also be submitted to the Promoter, permitting/consenting to the requested assignment/transfer, by the Allottee. It is however made clear that the Allottee does not have any enforceable right to demand assignment/transfer of its rights under this Agreement and the Promoter is entitled to reject the requested assignment/transfer of this Agreement without assigning any reasons. In the event that any such request for assignment/transfer of rights under this Agreement is permitted by the Promoter, it shall always be subject to the applicable laws, rules, regulations and the directions of the Government. The Allottee hereby indemnifies and undertakes to keep the Promoter saved, indemnified and harmless at all times from any legal, monetary (including liability for any tax, penalty or dues, etc.), or any other adverse consequence whatsoever on account of such permission being accorded by the Promoter on the request of the Allottee. It is made clear to the Allottee that under no circumstances shall the permission for assignment/transfer of its rights under this Agreement be granted to the Allottee on any request made either subsequent to the Notice of Possession for the said Unit or after receipt of the complete Sale Consideration from the Allottee against the said Unit. In the event of the assignment/transfer of the Allottee's rights under this Agreement in favour of any third person as its nominee(s), such nominee(s) shall in turn be bound by all the terms and conditions stipulated herein and the letter of Allotment or any other document executed in this respect by the Allottee. It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Unitandthe Project shall equally be applicable to and enforceable against and by any subsequent Allottees of the Unit, in case of a transfer, as the said obligations go along with the Unit for all intents and purposes. THE Allottee shall not be entitled to sell, transfer, let, sub-let, assign or otherwise part with the possession of the said Unit or the interest/ benefit under this allotment, unless allthedues payable tothePROMOTERS/MaintenanceSociety/anyotherbodyasdescribed above, under this allotment and otherwise in respect of the said Unit are fully paid and without obtaining written consent of the PROMOTERS in this regard. That the PROMOTERS subject to applicable laws and rules or any Govt. directions as may be in force, will permit the Allottee to get the name of his/her nominee substituted in his/her place subject to such terms and conditions as the PROMOTERS’ may impose on such transfer as may be prescribed by the PROMOTERS however, It is at the discretion of the PROMOTERS to accept such assignment/transfer. The Allottee shall be liable and responsible for all legal, monetary or any other consequences that may arise from such nominations. That in the case of transmission owing to death of the owner, the claimant shall have to prove his right to succeed to the ownership of the Unit. THE Allottee shall not be entitled to assign or transfer the allotment of the said Unitto any other person without written consent of the Promoter in this regard before the registration of conveyance deed. It is clearly understood that all the provisions contained herein and the obligations arising out of this allotment and other rules and regulations applicable in respect of the said Unit shall equally be applicable to and enforceable against any person claiming through the Allottee. IN the event of transfer of the Unit by The Allottee by sale/ agreement of sale/ mortgage/ assignment, the document of transfer/ conveyance shall not contain any condition or stipulation, which is inconsistent with the terms & conditions of this agreement to sale. EVERY transfer of the Unit or creation of interest therein in favour of any other person shall require a “no objection’’ in writing from The Promoter, and for the maintenance society which shall not be un-reasonably withheld. No transfer or creation of interest shall be allowed unless all dues to The Promoter/society are paid in full. A notarized copy of the document of transfer/ conveyance or lease shall be furnished to the Promoter/ Society. Every lease Agreement shall stipulate as to the lessor or lessee who will pay all dues to the society during the lease period. Non-payment of duesmay entail disconnection of electricity/ water supply to the Unit. IN the case of transfer owing to death of the owner, the claimant shall have to prove his legal right to succeed to the ownership of the Unit. It is clearly understood by and between the parties hereto that all the provisions contained herein and the obligations arising out of this allotment letter and other rules and regulations applicable in respect of the said Unit shall equally be applicable to and enforceable against any or all occupiers, tenants, licensees and/or subsequent purchasers/assignees of the said Unit.

Appears in 1 contract

Samples: Agreement for Sale Viraj Shanti Kunj

PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT ALLOTTEES. The Promoter may at its sole discretion permit such assignment/transfer of this Agreement in favour of a nominee of the Allottee on a case to case basis subject always to payment of the administrative charges and/or transfer charges in accordance with the Promoter's policy for the time being as well as the execution of appropriate collateral documentation by the Allottee and the proposed nominees(s)/assignee(s)/transferee(s), to the complete satisfaction of the Promoter. In the event the Allottee has obtained finance/loan against the said Unit from any financial institution/bank, then a no objection certificate/letter by such financial institution/bank shall also be submitted to the Promoter, permitting/consenting to the requested assignment/transfer, by the Allottee. It is however made clear that the Allottee does not have any enforceable right to demand assignment/transfer of its rights under this Agreement and the Promoter is entitled to reject the requested assignment/transfer of this Agreement without assigning any reasons. In the event that any such request for assignment/transfer of rights under this Agreement is permitted by the Promoter, it shall always be subject to the applicable laws, rules, regulations and the directions of the Government. The Allottee hereby indemnifies and undertakes to keep the Promoter saved, indemnified and harmless at all times from any legal, monetary (including liability for any tax, penalty or dues, etc.), or any other adverse consequence whatsoever on account of such permission being accorded by the Promoter on the request of the Allottee. It is made clear to the Allottee that under no circumstances shall the permission for assignment/transfer of its rights under this Agreement be granted to the Allottee on any request made either subsequent to the Notice of Possession for the said Unit or after receipt of the complete Sale Consideration from the Allottee against the said Unit. In the event of the assignment/transfer of the Allottee's rights under this Agreement in favour of any third person as its nominee(s), such nominee(s) shall in turn be bound by all the terms and conditions stipulated herein and the letter of Allotment or any other document executed in this respect by the Allottee. It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Unit and the Project shall equally be applicable to and enforceable against and by any subsequent Allottees of the Unit, in case of a transfer, as the said obligations go along with the Unit for all intents and purposes. THE Allottee shall not be entitled to assign or transfer the allotment of the said Unit To any other person without written consent of the Promoter in this regard before the registration of conveyance deed. It is clearly understood that all the provisions contained herein and the obligations arising out of this allotment and other rules and regulations applicable in respect of the said Unit shall equally be applicable to and enforceable against any person claiming through the Allottee. IN the event of transfer of the Unit by The Allottee by sale/ agreement of sale/ mortgage/ assignment, the document of transfer/ conveyance shall not contain any condition or stipulation, which is inconsistent with the terms & conditions of this agreement to sale. EVERY transfer of the Unit or creation of interest therein in favour of any other person shall require a “no objection‟‟ in writing from The Promoter, and for the maintenance society which shall not be unreasonably withheld. No transfer or creation of interest shall be allowed unless all dues to The Promoter/society are paid in full. It is clearly understood by and between the parties hereto that all the provisions contained herein and the obligations arising out of this allotment letter and other rules and regulations applicable in respect of the said Unit shall equally be applicable to and enforceable against any or all occupiers, tenants, licensees and/or subsequent purchasers/assignees of the said Unit.

Appears in 1 contract

Samples: Agreement for Sale

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PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT ALLOTTEES. The Promoter may at its sole discretion permit such assignment/transfer Allottee has signed this Letter of this Agreement in favour of a nominee Allotment with full knowledge after verifying all the claims and documents and subject to all the laws and notifications and rules applicable to the area where the Said Project and said Plot is located. The Allottee has satisfied himself about the interest and title of the Allottee on a case to case basis subject always to payment Promoter in the Said Land and understands all limitations and obligations in respect of the administrative charges and/or transfer charges same and no objection/reservation of any nature whatsoever shall hereafter be made by the Allottee in this respect. The Allottee shall been titled to own, occupy and use the Said Plot in accordance with the Promoter's policy for local laws. That the time being Promoter on his sole discretion and subject to applicable laws and notifications or any Government directions as well may be in force may permit the Allottee before registration in his favour to get the name of his/her nominee substituted in his/her place subject to such terms and conditions and charges and transfer fee of Rs. 100/ per square feet + GST as the execution of appropriate collateral documentation by the Allottee and the proposed nominees(s)/assignee(s)/transferee(s), to the complete satisfaction of the Promoter. In the event the Allottee has obtained finance/loan against the said Unit from any financial institution/bank, then a no objection certificate/letter by such financial institution/bank shall also be submitted to the Promoter, permitting/consenting to the requested assignment/transfer, by the Allottee. It is however made clear that the Allottee does not have any enforceable right to demand assignment/transfer of its rights under this Agreement and the Promoter is entitled to reject the requested assignment/transfer of this Agreement without assigning any reasons. In the event that any such request for assignment/transfer of rights under this Agreement is permitted by the Promoter, it shall always be subject to the applicable laws, rules, regulations and the directions of the Governmentmay impose. The Allottee hereby indemnifies shall be solely responsible and undertakes to keep the Promoter saved, indemnified and harmless at liable for all times from any legal, monetary (including liability for any tax, penalty or dues, etc.), or any other adverse consequence whatsoever on account of consequences that may arise from such permission being accorded by the Promoter on the request of the Allottee. It is made clear to the Allottee that under no circumstances shall the permission for assignment/transfer of its rights under this Agreement be granted to the Allottee on any request made either subsequent to the Notice of Possession for the said Unit or after receipt of the complete Sale Consideration from the Allottee against the said Unitnominations. In the event of any imposition of executive instructions, at any time after the assignmentexecution of this Allotment Letter, to restrict nomination/transfer transfer/assignment by any authority, the Promoter will have to comply with the same and the Allottee and subsequent Allottees have specifically noted the same. In the event of the Allottee's rights under this Agreement in favour imposition of any third person as its nominee(s)charge / levy / stamp duty / fees on such substitution of nominee by any Government authority / department, such nominee(s) shall the same will be additionally borne and payable by the Allottee and/or the subsequent Allottees in turn be bound by all addition to the terms and conditions stipulated herein and the letter of Allotment or any other document executed in this respect transfer charges by the Allottee, if applicable. It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Plot and the Project shall equally be applicable to and enforceable against and by any subsequent Allottees of the UnitPlot, in case of a transfer, as the said obligations go along with the Unit Plot for all intents and purposes.

Appears in 1 contract

Samples: Allotment Letter

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