Common use of Procedure for taking possession Clause in Contracts

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same.

Appears in 14 contracts

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

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Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Developer (subject, however, to the Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour Developer as per requisition of the Allottee shall be carried out by the promoter Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developer agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees.

Appears in 9 contracts

Samples: By And, Agreement for Sale, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate Completion Certificate or completion certificate (which Partial Completion Certificate, as the case may be partial), whichever be applicablebe, from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Apartment to the Allottee in terms of this Agreement Agreement, to be taken within 2 (two) months from the date of issue of such certificate Subject To Completion Certificate or Partial Completion Certificate, as the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincase may be. [Provided that, in the absence of local law, the conveyance deed The Conveyance Deed in favour of the Allottee shall be carried out executed and registered by the promoter Promoter in favour of the Allottee within 3 (three) months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp dutyCompletion Certificate or Partial Completion Certificate, registration fee etc.as the case may be, Provided Further That and the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all shall render full co-operation with each other to carry out the terms conditions execution and covenants of this Agreement and on the part registration of the Allottee to be observed and performed until then]Conveyance Deed. 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(sagrees(s) to pay the maintenance charges as determined by the Promoter/ association Promoter /Association of allotteesthe Allottees, as the case may be, after the issuance of the completion certificate Completion Certificate or Partial Completion Certificate, as the case may be, for the projectProject. The Promoter shall handover the copy of Completion Certificate or Partial Completion Certificate, as the occupancy certificate / completion certificate case may be, of the apartment Apartment, to the Allottee at the time of conveyance execution and registration of the Conveyance Deed of the same.

Appears in 6 contracts

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

Procedure for taking possession. The PromoterDeveloper, upon obtaining of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate (which certificate, as the case may be partial)be, whichever be applicable, for the Said Block from the competent authority shall offer in writing the possession of the Apartment, Said Apartment in writing to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such the occupancy certificate, the completion certificate, the partial occupancy certificate Subject To or the terms partial completion certificate, as the case may be, for the Said Block, hereafter referred to as the "Possession Date". Irrespective of whether the Allottee takes possession of the Agreement and Apartment within the Possession Date or not, the Allottee making payment shall be deemed to have taken possession of the entire balance consideration and all other amounts and deposits payable by Apartment on the Possession Date. If the Allottee has also purchased a Parking Space, the same may not be handed over to the Promoter hereunder Allottee along with the Apartment, but irrespective of whether the Parking Space is handed over or not, or all parts and fulfilling all his portions of the Phase Common Portions are completed or not, the Allottee shall be bound to take possession of the Apartment. The Allottee shall pay the requisite Stamp Duty, Registration Fee and other covenants / obligations hereincharges, hereafter the "Registration Charges", for registration of the Conveyance Deed of the Apartment within 3 (three) months from the date of issuance of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate, as the case may be, for the Said Block. [Provided that, in the absence of local law, The Promoters shall have the conveyance deed executed and registered in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession immediately after receipt of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Registration Charges. The Promoters and the Allottee has Allottees shall fully performed all the terms conditions and covenants of cooperate with each other in this Agreement and on the part of the Allottee to be observed and performed until then]regard. The Promoter agrees Promoters agree and undertakes undertake to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the PromoterPromoters. Till such time the conveyance is registered in accordance with Clause 8(ix) hereunder, the Promoters may not hand over possession of the Apartment to the Allottee but yet the Allottee will be deemed to have taken possession on the Possession Date. The Allottee, after taking possession, agree(s) Allottee shall be bound to pay the maintenance charges Maintenance Charges as determined by the Promoter/ association of allotteesDeveloper or the Phase Association, as the case may be, after on and from the issuance Possession Date irrespective of whether it takes possession or not given possession for non-registration of the completion certificate for the projectconveyance. The Promoter Developer shall handover the a copy of the occupancy certificate, the completion certificate, the partial occupancy certificate / or the partial completion certificate of certificate, as the apartment case may be, for the Said Block to the Allottee at the time of conveyance of the same.

Appears in 5 contracts

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

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificateor completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To certificateSubjectTo the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate completioncertificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same.

Appears in 4 contracts

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

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartmentsaid Unit, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the said Unit within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinsaid Notice Of Possession (POSSESSION NOTICE). [Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd Schedule hereto and taking possession of the said Unit in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc. expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allotteesAllottee, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 4 contracts

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

Procedure for taking possession. The PromoterDeveloper, upon obtaining of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate (which certificate, as the case may be partial)be, whichever be applicable, for the Said Block from the competent authority shall offer in writing the possession of the Apartment, Said Apartment in writing to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such the occupancy certificate, the completion certificate, the partial occupancy certificate Subject To or the terms partial completion certificate, as the case may be, for the Said Block, hereafter referred to as the "Possession Date". Irrespective of whether the Allottee takes possession of the Agreement and Apartment within the Possession Date or not, the Allottee making payment shall be deemed to have taken possession of the entire balance consideration and all other amounts and deposits payable by Apartment on the Possession Date. If the Allottee has also purchased a Parking Space, the same may not be handed over to the Promoter hereunder Allottee along with the Apartment, but irrespective of whether the Parking Space is handed over or not, or all parts and fulfilling all his portions of the Phase Common Portions are completed or not, the Allottee shall be bound to take possession of the Apartment. The Allottee shall pay the requisite Stamp Duty, Registration Fee and other covenants / obligations hereincharges, hereafter the "Registration Charges", for registration of the Conveyance Deed of the Apartment within 3 (three) months from the date of issuance of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate, as the case may be, for the Said Block. [Provided that, in the absence of local law, The Promoters shall have the conveyance deed executed and registered in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession immediately after receipt of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Registration Charges. The Promoters and the Allottee has Allottees shall fully performed all the terms conditions and covenants of cooperate with each other in this Agreement and on the part of the Allottee to be observed and performed until then]regard. The Promoter agrees Promoters agree and undertakes undertake to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the PromoterPromoters. Till such time the conveyance is registered in accordance with Clause 8(ix) hereunder, the Promoters may not hand over possession of the Apartment to the Allottee but yet the Allottee will be deemed to have taken possession on the Possession Date. The Allottee, after taking possession, agree(s) Allottee shall be bound to pay the maintenance charges Maintenance Charges as determined by the Promoter/ association of allotteesDeveloper or the Phase Association, as the case may be, after on and from the issuance Possession Date irrespective of whether it takes possession or not given possession for non- registration of the completion certificate for the projectconveyance. The Promoter Developer shall handover the a copy of the occupancy certificate, the completion certificate, the partial occupancy certificate / or the partial completion certificate of certificate, as the apartment case may be, for the Said Block to the Allottee at the time of conveyance of the same.

Appears in 3 contracts

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

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority and on receipt of the Total Price of the Apartment shall offer in writing the possession of the Apartment, to Apartment (Possession Notice),to the Allottee in terms of this Agreement to be taken within 2 two (two2) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee occupancy certificate/completion certificate. Provided That, subject to the Promoter hereunder and fulfilling all Allottee(s) complying with his other covenants / obligations herein. [Provided that, in the absence of local lawhereunder, the conveyance deed Deed of Conveyance in favour of the Allottee Allottee(s) shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee Allottee(s) making payment of the entire consideration, extras and deposits on account of stamp duty, registration fee etc., .. Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee Allottee(s) nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes Allottee(s) make(s) payment of all amounts agreed and required to be paid hereunder by the Allottee Allottee(s) and the Allottee has Allottee(s) has/have fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Allottee(s) to be observed and performed until then]. .The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, after the issuance of the completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate to the Association after the formation of the apartment to the Allottee at the time of conveyance of the sameAssociation.

Appears in 3 contracts

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

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, 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 2 3 (two) three months from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment [Apartment/Plot] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]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, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at 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 per 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 of conveyance provided in 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 same[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, ] Agreement, ] Agreement

Procedure for taking possession. The PromoterPROMOTER/ DEVELOPER, upon obtaining the occupancy certificate Completion Certificate or completion certificate (which Partial Completion Certificate, as the case may be partial), whichever be applicablebe, from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Country Home to the Allottee in terms of this Agreement Agreement, to be taken within 2 (two) months from the date of issue of such certificate Subject To Completion Certificate or Partial Completion Certificate, as the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincase may be. [Provided that, in the absence of local law, the conveyance deed The Conveyance Deed in favour of the Allottee shall be carried out executed and registered by the promoter PROMOTER/ DEVELOPER in favour of the Allottee within 3 (three) months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp dutyCompletion Certificate or Partial Completion Certificate, registration fee etc.as the case may be, Provided Further That and the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee PROMOTER/ DEVELOPER and the Allottee has fully performed all shall render full co-operation with each other to carry out the terms conditions execution and covenants of this Agreement and on the part registration of the Allottee to be observed and performed until then]Conveyance Deed. The Promoter 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 PromoterPROMOTER/ DEVELOPER. The Allottee, after taking possession, agree(sagrees(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPROMOTER/ DEVELOPER /Maintenance Agency, as the case may be, after the issuance of the completion certificate Completion Certificate or Partial Completion Certificate, as the case may be, for the projectProject. The Promoter PROMOTER/ DEVELOPER shall handover the copy of Completion Certificate or Partial Completion Certificate, as the occupancy certificate / completion certificate case may be, of the apartment Country Home, to the Allottee at the time of conveyance execution and registration of the Conveyance Deed of the same.

Appears in 3 contracts

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

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 two months from the date of issue of occupancy certificate/completion certificate (twoPossession Date). Provided That, in the absence of local law and subject to the Allottee(s) complying with his obligations hereunder, the conveyance deed in favour of the Allottee(s) shall be carried out by the Owners and the Promoter within 3 (three) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes payment of all amounts the Total price of the Apartment as mentioned in 1.2.4 agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, after the issuance of the completion Occupancy certificate/Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. The Promoter shall hand over copy of the occupancy certificate/completion certificate to the Association after the formation of the Association.

Appears in 3 contracts

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

Procedure for taking possession. The PromoterVendor-Cum-Developer, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Vendor-Cum-Developer (subject, however, to the Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour Vendor-Cum-Developer as per requisition of the Allottee shall be carried out by the promoter Vendor-Cum-Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Vendor-Cum-Developer agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterVendor-Cum-Developer. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Vendor-Cum-Developer/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Vendor-Cum- Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees.

Appears in 3 contracts

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

Procedure for taking possession. The Promoter, upon obtaining of the occupancy certificate or the completion certificate (which or the partial occupancy certificate or the partial completion certificate, as the case may be partial)be, whichever be applicable, for the Said Block from the competent authority shall offer in writing the possession of the Apartment, Said Apartment in writing by way of a notice to the Allottee in terms of this Agreement and the allottee shall be liable to be taken take such possession of the unit within 2 3 (twothree) months from the date of issue of such certificate Subject To notice by executing necessary indemnities, undertakings and such other documentation as prescribed in this agreement, hereafter referred to as the terms "Possession Date". Irrespective of whether the Allottee takes possession of the Agreement and Apartment within the Possession Date or not, the Allottee making payment shall be deemed to have taken possession of the entire balance consideration Apartment on the Possession Date and all maintenance charges and other amounts and deposits payable by applicable charges in respect to the Apartment shall be applicable from such date when the possession becomes due. If the Allottee has also purchased a Parking Space in allocated parking Space, the same may not be handed over to the Promoter hereunder Allottee along with the Apartment, but irrespective of whether the Parking Space is handed over or not, or all parts and fulfilling all his other covenants / obligations herein. [Provided thatportions of the Phase Common Portions are completed or not, the Allottee shall be bound to take possession of the Apartment within the stipulated time as shall be mentioned in the absence said notice of local lawpossession. The Allottee shall pay the requisite Stamp Duty, Registration Fee and other charges, hereafter the "Registration Charges", for registration of the Conveyance Deed of the Apartment within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate or the partial occupancy certificate or the partial completion certificate, as the case may be, for the Said Block at the cost and expense of the Allottee. The Promoter shall have the conveyance deed executed and registered in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession immediately after receipt of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Registration Charges. The Promoter and the Allottee has shall fully performed all the terms conditions and covenants of cooperate with each other in this Agreement and on the part of the Allottee to be observed and performed until then]regard. 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. Till such time the conveyance is registered in accordance with Clause 8(9) hereunder, the Promoter may not hand over possession of the Apartment to the Allottee but yet the Allottee will be deemed to have taken possession on the Possession Date and shall be liable to make payments towards the maintenance charges and/or other applicable charges in respect of the said Apartment. The Allottee, after taking possession, agree(s) Allottee agrees to pay the maintenance charges Maintenance Charges as determined by the Promoter/ association of allotteesPromoter or the Phase Association, as the case may be, after on and from the issuance Possession Date irrespective of whether it takes possession or not given possession for non-registration of the completion certificate conveyance. Upon receipt of the Partial Completion Certificate or Completion Certificate or Partial Occupancy Certificate or Occupancy Certificate, as the case may be, the Promoter shall intimate the Allottee for taking the projectpossession. The Promoter on its behalf shall offer the possession to the Allottee in writing within 3 (three) months from the date of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. Possession Date shall be the date as mentioned in the Possession Intimation Notice. The Promoter shall handover the a copy of the occupancy certificate / or the completion certificate of or the apartment partial occupancy certificate or the partial completion certificate, as the case may be, for the Said Block to the Allottee at the time of registering the deed of conveyance of the same.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 3 (two) three months from the date of issue of such certificate notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Transfer Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within 10 days of receiving the time of conveyance completion / occupancy certificate, as applicable, of the sameProject or part thereof.

Appears in 2 contracts

Samples: Agreement, Agreement

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the ApartmentUnit , to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Uni, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . 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, 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 after receiving the issuance of the occupancy certificate/ completion certificate for the project(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project/Block to the Allottee at the time of conveyance of the same.

Appears in 2 contracts

Samples: Central Business Park Agreement for Sale, Central Business Park Agreement

Procedure for taking possession. The PromoterPromoter No.2, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the ApartmentSaid Unit, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post calling upon the Allottee to be taken take possession of the Said Unit within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Said Unit in favour of the Allottee shall be carried out executed and registered by the promoter Promoter No.2 (subject however to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Said Unit in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges to the Promoter No.2 as per requisition of the Promoter No.2) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder as provided by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter No.2 agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoter No.2. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter No.2/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectComplex. The Promoter No.2 shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Complex/Apartment, as the case may be, to the Allottee at the time of conveyance of theSaid Unit in favour of the sameAllottee.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate* from the competent authority shall offer in writing the possession of the [Apartment. Plat], to the Allottee in terms of this Agreement to be taken within 2 3 (two) three months from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment [Apartment/Plot] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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, after taking possession, agree(sAllottee agrees) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover otter the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at 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 per 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 of conveyance provided in 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 same[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 Allottee's or the competent authority, as the case may be, as per the local laws.

Appears in 2 contracts

Samples: Annexure 'A', Annexure 'A'

Procedure for taking possession. The PromoterPromoter No.2, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/email calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter No.2 (subject however to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges to the Promoter No.2 as per requisition of the Promoter No.2) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder as provided by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter No.2 agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoter No.2. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter No.2/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectComplex. The Promoter No.2 shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Complex/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate* from the competent authority and the full payment of the plot from the Allottee shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such occupancy certificate Subject To or the terms Registration of plot in favour of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinAllottee, whichever is later. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until thencertificate]. 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, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the project. The Promoter promoter shall handover the copy of hand over the occupancy certificate / completion certificate of the apartment apartment/plot, as the case may be, to the Allottee allottee at the time of conveyance conveyance/registration of the same.. That it shall be mandatory for the allottee to become a member of " " (Maintenance Society), at the time of possession of the said property, which shall be formed by the residents of project and which shall be responsible for all maintenance and security provisions of the society from onwards. That the maintenance charges collected against "Resident's Welfare Society" and the monthly maintenance charges to be collected in future, shall be kept in fixed deposits or rolled on interest and the maintenance of the project has to be done by the interest accruing from such deposits. The Allottee shall be liable to maintain the minimum balance in the "Resident's Welfare Society" maintenance fund account. The Promoter shall revise the maintenance charges and the Allottee shall be liable to pay such modified maintenance charges as may be revised from time to time, as and when required. *ADD ABOVE TWO PARAS IF DEEMED NECESSARY

Appears in 2 contracts

Samples: Draft Agreement for Sale, Draft Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectPhase 1 of the Project. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority Kolkata Municipal Corporation, shall offer in writing the possession of the Apartment, Allotted Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and Promoter issuing the Allottee Notice for Possession upon making payment of the entire balance consideration Total Price including the Extras and all other amounts Deposits for the Allotted Apartment and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the execution of conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making having made the aforesaid payment on account of to the Promoter and further paying the applicable stamp duty, registration fee etc.charges, Provided Further That the Promoter shall not be liable to deliver possession of the Apartment allied expenses and incidentals to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Promoter. 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) agrees to pay the maintenance charges as determined by and taxes and other outgoings mentioned in Part-I of the Promoter/ association of allottees, as the case may be, after the issuance Sixth Schedule hereunder written. The Promoter shall hand over a copy of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment Allotted Apartment to the Allottee at the time of conveyance of the sameAllotted Apartment in favour of the Allottee.

Appears in 2 contracts

Samples: Agreement for Sale, 202.61.117.163

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentDesignated Unit, to the Allottee in terms of this Agreement to be taken within 2 3 (twothree) months from the date of the issue of such certificate Subject To the terms completion certificate. Provided that the delivery of the Agreement possession and the Allottee making payment execution of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be simultaneously carried out by the promoter Promoter within 3 months from the date of issue of occupancy / such completion certificate certificate, subject to the Allottee making discharging all its obligations (including payment on account obligations) contained in this Agreement. Provided further that the Allottee may, upon a written intimation by the Promoter stating that the Architect has confirmed that the Designated Unit is (1) ready to be occupied and is in habitable condition; and (2) the lift in the Building where such Designated Unit is located is functional, may accept possession of the Designated Unit upon being so intimated by the Promoter. Provided if the Allottee takes such possession and pays the Total Price, stamp duty, registration fee charges etc., Provided Further That and gets the Promoter shall not be liable to deliver possession of conveyance registered in its favor, the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 CAM Charges as determined by the Promoter/ association Maintenance Agency/Association, as the case may be after taking possession of allotteesthe Designated Unit and/or registration of the Deed of Conveyance, whichever is earlier. The Promoter shall hand over the copy of the completion certificate of the Designated Unit or the written intimation referred to above, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice Of Possession by the Allottees (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favour of the Allottees shall be executed and registered by the Promoter (subject, however, to the Allottees making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice Of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour as per requisition of the Allottee shall be carried out by the promoter Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectPhase II of the Project. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincompletion certificate. [Provided that, in the absence of local law, the The conveyance deed in favour of the Allottee shall be carried out by the promoter Vendors within 3 months from the date of issue of occupancy / completion certificate subject to provided the Allottee making payment on account of accepts such possession and pays the Total Price, stamp duty, registration fee etc.charges, Provided Further That incidental expenses and other applicable amounts and executes as well as admits execution of such conveyance deed before the Promoter concerned registering authority. The Vendors shall not be liable to deliver possession complete the transfer of the Apartment Common Areas, Amenities and Installations as per the provisions of the Act. The Allottee shall bear and pay a sum equivalent to 0.50% (zero point five per cent) of the consolidated price without GST plus applicable taxes to the Allottee nor to execute or cause to be executed any Sale Deed or person nominated by the Developer towards the documentation charges for the preparation of this agreement, the proposed deed of conveyance and other instruments until necessary documents for transfer of the said Apartment (if any). It is agreed that such time the Allottee makes payment of all amounts agreed and required to documentation charges shall be paid hereunder by the Allottee and in the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part manner mentioned in PART - III of the Allottee to be observed and performed until then]SCHEDULE – I hereunder written. The Promoter agrees Vendors agree and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendors. The Allottee, after taking possessionpossession (actual or deemed as the case may be), agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesDeveloper/ Association, as the case may be, be after the issuance of the completion certificate for the project. The Promoter Developer shall handover hand over the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from the competent authority shall offer in writing the possession authority, within a maximum period of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 15 (twofifteen) months days from the date of such certificate, shall issue of such certificate Subject To the terms a notice in writing (“NOTICE OF POSSESSION”) by speed post/e-mail in favour of the Agreement and Allottee calling upon the Allottee making payment to take possession of the entire balance consideration and all other amounts and deposits payable Unit within a maximum of 45 (forty five) days from the date of the said Notice by the Allottee to (the Promoter hereunder and fulfilling all his other covenants / obligations herein“POSSESSION DATE/ DEEMED DATE OF POSSESSION”). [Provided that, in the absence of local law, that the conveyance deed in favour of the Allottee shall be carried out executed and registered by the promoter Promoter and Owner, 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 the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 (three) months from the date of issue of occupancy / occupancy/ completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee competent authority) and the Allottee has fully performed all shall be bound to register the terms conditions and covenants of this Agreement and on conveyance deed within the part of the Allottee to be observed and performed until then]time 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, after taking possessionpossession 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, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Allottee.(the “POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Owners and Promoter (subject, however, to the Allottee making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for of the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentUnit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance lease deed in favour of the Allottee shall be carried out by the promoter within 3 months from Promoter and the date Lessor in terms of issue of occupancy / completion certificate this agreement subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment Unit to the Allottee nor to execute or cause to be executed any Sale Lease Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the applicable occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance lease of the same.

Appears in 1 contract

Samples: Agreement for Lease

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Designated Apartment, to the Allottee Allotee(s) in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To to the terms of the Agreement agreement and the Allottee Allotee making payment of the entire balance consideration total price and all other amounts and deposits payable by the Allottee Allotee to the Promoter promoter hereunder and fulfilling all his other covenants / obligations herein. [herein Provided that, in the absence of the local law, the conveyance deed in favour favor of the Allottee Allotee shall be carried out by the promoter Promoter within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee Allotee making payment on the account of stamp duty, registration fee fees, etc., Provided Further That the Promoter promoter shall be not be liable to deliver possession of the Apartment designated apartment to the Allottee Allotee nor to execute or cause to be executed any Sale Deed sale deed or any other instruments instrument(s) until such time the Allottee Allotee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Allotee and the Allottee Allotee has fully performed all the terms and conditions and covenants of this Agreement agreement and on the part of the Allottee 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 AllotteeAllotee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Association of allotteesAllotees, as the case may be, after the issuance of the completion certificate for the projectProject. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment Project Apartment, to the Allottee at Allotee on or after the time execution of conveyance of the same.

Appears in 1 contract

Samples: Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e- mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment said Notice of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour favor of the Allottee shall be carried out executed and registered by the promoter Developer (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Developer as per requisition of the Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottee, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the ApartmentRow House / Bungalow, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Row House / Bungalow, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . 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, 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 after receiving the issuance occupancy certificate/ completion certificate /Partial Completion Certificate of the completion certificate for the projectBlock(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate Completion / completion certificate Partial Completion Certificate of the apartment Project/Row House to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority and on receipt of the Total Price of the Apartment and the Total Extras and Deposits and other payables shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 two (two2) months from the date of issue of such occupancy certificate/completion certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein(Possession Date). [Provided thatThat, in the absence of local lawlaw and subject to the Allottee(s) complying with his/her/their obligations hereunder, the conveyance deed Conveyance Deed in favour of the Allottee Allottee(s) shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee Allottee(s) making payment on account of stamp duty, registration fee etc., . Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee Allottee(s) nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes Allottee(s) make(s) payment of all amounts as mentioned in 1.2.1, 1.2.2, 1.2.3 and 1.2.4 agreed and required to be paid hereunder by the Allottee Allottee(s) and the Allottee has Allottee(s) has/have fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Allottee(s) to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottee(s), as the case may be, be after the issuance of the completion certificate Occupancy Certificate/Completion Certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. The Promoter shall hand over copy of the occupancy certificate/completion certificate to the Association after the formation of the Association.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinsaid Notice Of Possession (POSSESSION NOTICE). [Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd Schedule hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc.expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentUnit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance sub-lease deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate & receiving permission from XXXXX/UDD, subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment Unit to the Allottee nor to execute or cause to be executed any Sale Sub-lease Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment unit to the Allottee at the time of conveyance sub-lease of the same.

Appears in 1 contract

Samples: Agreement for Sub Lease

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, 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 2 3 (two) three months from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment [Apartment/Plot] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]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, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at 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 per 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 of conveyance provided in 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 same[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

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority and on receipt of the Total Price shall offer in writing the possession of the Apartment, to UNIT (Possession Notice),to the Allottee in terms of this Agreement to be taken within 2 two (two2) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinoccupancy certificate/completion certificate. [Provided thatThat, in the absence of local lawlaw and subject to the Allottee complying with his obligations hereunder, the conveyance deed Deed of Conveyance in favour of the Allottee shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., .. Provided Further That the Promoter shall not be liable to deliver possession of the Apartment UNIT to the Allottee nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter, not due to any act or omission on the part of the Allottee. The Allottee, after taking possession, agree(sagree( s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, after the issuance of the completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate to the Association after the formation of the apartment to the Allottee at the time of conveyance of the sameAssociation.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To SubjectTo the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall vide offer letter (“Offer Letter”) offer in writing the possession of the ApartmentUnit, to the Allottee Allottee(s) in terms of this Agreement Agreement. Within 20 days of the date of offer of possession given to be taken the Allottee(s) by the Promoter, the Allottee(s) shall make payment of all dues, outstanding, interest, if any, maintenance security, upfront maintenance charges etc. to the Promoter and within 2 50 days from clearance of entire dues, outstanding charges, if any, the Allottee(s) shall take physical possession of the Unit and simultaneously get conveyance of his Unit done from the Promoter by getting the conveyance deed/sale deed/sub lease deed registered before the Sub Registrar, Bhiwadi. After the expiry of 3 (twoThree) full calendar months from the date of issue of such completion certificate Subject To the terms i.e Deemed Date of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawPossession , the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession pay the maintenance charges as determined by the Promoter/Owners Association/ Maintenance Agency, as the case may be. The Promoter shall handover the copy of completion certificate of the Apartment Apartment/ Plot, as the case may be, to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such Allottee(s) at the time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part conveyance of the Allottee to be observed and performed until then]same. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterPromoter which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/or on account of any default/delay on the part of the Allottee(s). The AllotteeAllottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, after taking possession1899, agree(s) to pay the maintenance charges as determined Rajasthan Xxxxx Xxx, 0000 and Xxxxxxxxxxxx Xxx, 0000 including any actions taken or deficiencies/penalties imposed by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the projectcompetent authority. The Promoter shall handover not be responsible for any damage caused to the copy Unit on account of delay on the part of the occupancy certificate / completion certificate Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the apartment same on “as is where is basis”. The Promoter shall not be held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to the Allottee at the time any of conveyance of the samemachineries installed like electrical equipment, and transformer, etc.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 3 (twothree) months from the date of issue of such certificate notice Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of possession to the Allottee after receiving the occupancy certificate / or completion certificate of the apartment to the Allottee at the time of conveyance of the samecertificate, whichever be applicable.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining Vendors / Confirming Party on application of the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from to the competent authority shall offer in writing the possession of the ApartmentSchedule-A property, to the Allottee Purchaser/s in terms of this Agreement to be taken within 2 1 (twoone) months month from the date of issue application of such certificate Subject To subject to the terms of the Agreement and the Allottee Purchaser/s making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Purchaser/s to the Promoter Vendors / Confirming Party hereunder and fulfilling all his his/her/their other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Purchaser/s shall be carried out by the promoter Vendors / Confirming Party within 3 months 1 (one) month from the date of issue application of occupancy / completion certificate subject to the Allottee Purchaser/s making payment on account of stamp duty, registration fee etc., . Provided Further That further that the Promoter Vendors / Confirming Party shall not be liable to deliver possession of the Apartment Schedule-A property to the Allottee Purchaser/s nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Purchaser/s makes payment of all amounts agreed and required to be paid hereunder by the Allottee Purchaser/s and the Allottee Purchaser/s has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Purchaser/s to be observed and performed until then]. The Promoter agrees Vendors / Confirming Party agree and undertakes undertake to indemnify the Allottee Purchaser/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendors / Confirming Party. The Allottee, after taking possession, Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter/ association Vendors / Confirming Party / Association of allotteesPurchasers from the date of registration and/or handover of the units/flats, whichever is earlier, as the case may be, after the issuance of the completion certificate for the project. The Promoter Vendors / Confirming Party shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Purchaser/s at the time of conveyance of the same. That in addition to the aforesaid maintenance charges, the Purchaser/s shall also pay annual maintenance charges as determined by the Vendors / Confirming Party / Association of Purchasers with respect to maintenance of Mechanical Parking from the date of registration and/or handover of the parking space/s, whichever is earlier, as the case may be. It is clarified that the Vendors / Confirming Party shall be deemed to have duly complied with all its obligations in case the Vendors / Confirming Party issues notice of completion to the Purchaser/s on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Agreement to Sell

Procedure for taking possession. The PromoterPromoters, upon obtaining the occupancy certificate and or completion certificate (which may be partial( or such other certificate by whatever name called issued by the competent authority), whichever be applicable, from the competent authority shall offer within a maximum period of fifteen days from such date, shall issue a letter (the “NOTICE OF POSSESSION”) offering in writing the possession of the ApartmentCommercial Unit, to the Allottee in terms of this Agreement by sending the notice of such offer by way of speed post/e-mail calling upon the Allottee to be taken take possession of the Unit within 2 (two) months a maximum of forty five days from the date of issue the said Notice of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein“POSSESSION DATE/DEEMED DATE OF POSSESSION”). [Provided that, in the absence of local law, that the conveyance deed of the Commercial Unit in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in thePart II of the SIXTH SCHEDULE hereto and taking possession of the Commercial Unit in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Promoters agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoters. The Allottee, after taking possessionpossession and/or from the Deemed Date of Possession, agree(s) to pay the maintenance charges charges,taxes etc as determined by the Promoter/ association Promoter/Association of allottees. The Promoters shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project/ Unit, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the samecommercial unit in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority and on receipt of the Total Price of the Apartment shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee in terms of this Agreement to be taken within 2 two (two2) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee occupancy certificate/completion certificate. Provided That, subject to the Promoter hereunder and fulfilling all Allottee(s) complying with his other covenants / obligations herein. [Provided that, in the absence of local lawhereunder, the conveyance deed Deed of Conveyance in favour of the Allottee Allottee(s) shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee Allottee(s) making payment of the entire consideration, extras and deposits on account of stamp duty, registration fee etc., .. Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee Allottee(s) nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes Allottee(s) make(s) payment of all amounts agreed and required to be paid hereunder by the Allottee Allottee(s) and the Allottee has Allottee(s) has/have fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Allottee(s) to be observed and performed until then]. 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 AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, after the issuance of the completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate to the Association after the formation of the apartment to the Allottee at the time of conveyance of the sameAssociation.

Appears in 1 contract

Samples: Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy Occupancy Certificate (or such other certificate or completion certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen (15) days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the ApartmentApartment and covered car parking, to the Allottee Allottee(s) in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee(s) to be taken take possession of the Apartment and covered car parking within 2 a maximum of ninety (two90) months days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottee. (the “POSSESSION DATE”). Provided that the conveyance deed of the Apartment and covered car parking in favor of the Allottee(s) shall be executed and registered by the Developer (subject, however, to the Allottee(s) making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment and covered car parking in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That charges and legal charges & expenses to the Promoter shall not be liable to deliver possession Developer as per requisition of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Developer). The Promoter Developer agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Developer/Association of allotteesAllottee, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building/Block/Tower which consist of inter alia the Said Apartment and covered car parking, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottee(s) at the time of conveyance of the sameApartment and covered car parking in favour of the Allottee(s).

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall vide offer letter (“Offer Letter”) offer in writing the possession of the ApartmentUnit, to the Allottee Allottee(s) in terms of this Agreement Agreement. Within 30 days of the date of offer of possession given to be taken the Allottee(s) by the Promoter, the Allottee(s) shall make payment of all dues, outstanding, Delay Payment Charges, if any, maintenance security etc. to the Promoter and within 2 50 days from clearance of entire dues, outstanding charges, if any, the Allottee(s) shall take physical possession of the Unit and simultaneously get conveyance of his Unit done from the Promoter by getting the conveyance deed/sale deed/sub lease deed registered before the Sub Registrar, Bhiwadi. After expiry of 3 (twoThree) full calendar months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawcompletion certificate, the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession pay the maintenance charges as determined by the Promoter/Owners Association/ Maintenance Agency, as the case may be. The Promoter shall handover a copy of completion certificate of the Apartment Apartment/ Plot, as the case may be, to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such Allottee(s) at the time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part conveyance of the Allottee to be observed and performed until then]same. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterPromoter which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/or on account of any default/delay on the part of the Allottee(s). The AllotteeAllottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, after taking possession1899, agree(s) to pay the maintenance charges as determined Rajasthan Stamp Act, 1998 and Registration Act, 1908 including any actions taken or deficiencies/penalties imposed by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the projectcompetent authority. The Promoter shall not be responsible for any damage caused to the Unit on account of delay on the part of the Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the same on “as is where is basis”. The Promoter shall not be held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to any of machineries installed like electrical equipment, and transformer, etc. Possession of the Allottee(s)- After obtaining the completion certificate and handing over physical possession of the Unit to the Allottee(s), it shall be the responsibility of the Promoter to handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the samenecessary documents and plan, including common areas as per Applicable Laws.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee Buyer in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee Buyer making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Buyer to the Promoter Developer hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Buyer shall be carried out by the promoter Developer within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee Buyer making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter Developer shall not be liable to deliver possession of the Apartment to the Allottee Buyer nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Buyer makes payment of all amounts agreed and required to be paid hereunder by the Allottee Buyer and the Allottee Buyer has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Buyer to be observed and performed until then]. The Promoter Developer agrees and undertakes to indemnify the Allottee Buyer in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The AllotteeBuyer, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/ association of allotteesBuyers, as the case may be, after the issuance of the completion certificate for the project. The Promoter Developer shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Buyer at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e- mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Developer (subject, however, to the Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour Developer as per requisition of the Allottee shall be carried out by the promoter Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developer agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, , to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Apartment, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . 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, 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 after receiving the issuance occupancy certificate/ completion certificate /Partial Completion Certificate of the completion certificate for the projectBlock(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate Completion / completion certificate Partial Completion Certificate of the apartment Project/Block to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Owner/Promoter, upon obtaining the occupancy certificate (or completion certificate (which may be partial), whichever be applicable, such other certificate by whatever name called issued by the competent authority) from the competent authority or from the Architect/Engineer of the Project shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION") offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e- mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Owner/Promoter (subject, however, to the Allottees making all payments as mentioned in the SCHEDULE “C” hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Owner/Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour as per requisition of the Allottee shall be carried out by the promoter Owner/Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute certificate (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Owner/Promoter agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment fulfillment of any of the provisions, formalities, documentation on the part of the Owner/Promoter. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project/ from the date of possession of the apartment by the Allottee, which ever is earlier. The Owner/Promoter shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees.

Appears in 1 contract

Samples: A Greement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or / completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 3 (twothree) months from the date of issue of such occupancy certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincompletion certificate (Possession Date). [Provided that, in the absence of local lawlaw and subject to the Allottee(s) complying with his / her / their obligations hereunder, the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate subject to the Allottee Allottee(s) making payment on account of stamp duty, registration fee etc., .. Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee Allottee(s) nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes payment of all amounts as mentioned in 1.2.1, and 1.2.2 agreed and required to be paid hereunder by the Allottee Allottee(s) and the Allottee Allottee(s) has / have fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter / Association of allotteesAllottee(s), as the case may be, be after the issuance of the completion Occupancy certificate / Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. The Promoter shall hand over copy of the occupancy certificate / completion certificate to the Association after formation of the Association. The Land Owners herein shall jointly execute the sale deed in respect of the said apartment and undivided impartible variable proportionate share in the land in favour of the Allottee(s) simultaneously with the delivery of the said apartment but in any event, within 3 (three) month from the date of completion of the proposed buildings and/ or from the date of obtaining Certificate and / or Occupancy Certificate from the concerned authorities.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate* from the competent authority competentauthority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be tobe taken within 2 3 (two) three months from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment the[Apartment/Plot] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment offulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay topay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesofallottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at 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 thePromoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter byexecuting necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, andthe Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possessionwithin the time of conveyance provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges asapplicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession ofthe [Apartment/Plot] to the Allottees, it shall be the responsibility of the samePromoter to hand over the necessarydocuments and plans, including common areas, to the association of the Allottees or the competent authority, asthe 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 asprovided 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. Thebalance amount of moneypaid 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

Procedure for taking possession. The Promoter, upon obtaining Vendors / Confirming Party on application of the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from to the competent authority shall offer in writing the possession of the ApartmentSchedule-B property, to the Allottee Purchaser/s in terms of this Agreement to be taken within 2 1 (twoone) months month from the date of issue application of such certificate Subject To subject to the terms of the Agreement and the Allottee Purchaser/s making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Purchaser/s to the Promoter Vendors / Confirming Party hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Purchaser/s shall be carried out by the promoter Vendors / Confirming Party within 3 months 1 (one) month from the date of issue application of occupancy / completion certificate subject to the Allottee Purchaser/s making payment on account of stamp duty, registration fee etc., . Provided Further That further that the Promoter Vendors / Confirming Party shall not be liable to deliver possession of the Apartment Schedule-B property to the Allottee Purchaser/s nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Purchaser/s makes payment of all amounts agreed and required to be paid hereunder by the Allottee Purchaser/s and the Allottee Purchaser/s has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Purchaser/s to be observed and performed until then]. The Promoter Vendors / Confirming Party agrees and undertakes to indemnify the Allottee Purchaser/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendors / Confirming Party. The Allottee, after taking possession, Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter/ association Vendors / Confirming Party / Association of allotteesPurchasers from the date of registration and/or handover of the flat, whichever is earlier, as the case may be, after the issuance of the completion certificate for the project. The Promoter Vendors / Confirming Party shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Purchaser/s at the time of conveyance of the same.. It is clarified that the Vendors / Confirming Party shall be deemed to have duly complied with all its obligations in case the Vendors/Confirming Party issues notice of completion to the Purchaser/s on or before the date mentioned in Clause 7.1 above. : 13 :

Appears in 1 contract

Samples: Agreement to Sell

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment said Notice of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour favor of the Allottee shall be carried out executed and registered by the promoter Developer (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Developer as per requisition of the Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottee, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such completion certificate Subject To SUBJECT TO the terms of the Agreement agreement and the Allottee making payment of the entire balance consideration total price and all other amounts and deposits payable by the Allottee to the Promoter promoter hereunder and fulfilling all his other covenants / obligations herein. [herein Provided that, in the absence of the local law, the conveyance deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on the account of stamp duty, registration fee fees, etc., Provided Further That PROVIDED FURTHER THAT the Promoter promoter shall be not be liable to deliver possession of the Apartment Said Unit to the Allottee nor Allottee(s)nor to execute or cause cost to be executed any Sale Deed sale deed or any other instruments instrument(s) until such time the Allottee makes Allottee(s)makes payment of all amounts agreed and required to be paid hereunder by the Allottee and Allottee(s)and the Allottee has Allottee(s)has fully performed all the terms and conditions and covenants of this Agreement agreement and on the part of the Allottee to Allottee(s)to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Association of allotteesAllottee(s), as the case may be, after the issuance of the completion certificate for the projectProject. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment Said Unit, to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 two months from the date of issue of occupancy certificate/completion certificate (twoPossession Date). Provided That, in the absence of local law and subject to the Allottee(s) complying with his obligations hereunder, the conveyance deed in favour of the Allottee(s) shall be carried out by the Owners and the Promoter within 3 (three) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes payment of all amounts as mentioned in 1.2.1, 1.2.2 and 1.2.3 agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, after the issuance of the completion Occupancy certificate/Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. The Promoter shall hand over copy of the occupancy certificate/completion certificate to the Association after the formation of the Association.

Appears in 1 contract

Samples: Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (if and as applicable and which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate Occupancy/Completion Certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate (if and as applicable) for the project. The Promoter shall handover to the Association the copy of the occupancy certificate / completion certificate (if and as applicable) of the apartment to the Allottee at the time of conveyance of the sameBuilding.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or / completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 3 (twothree) months from the date of issue of such occupancy certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincompletion certificate (Possession Date). [Provided that, in the absence of local lawlaw and subject to the Allottee(s) complying with his / her / their obligations hereunder, the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate subject to the Allottee Allottee(s) making payment on account of stamp duty, registration fee etc., .. Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee Allottee(s) nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee Allottee(s) makes payment of all amounts as mentioned in 1.2.1, and 1.2.2 agreed and required to be paid hereunder by the Allottee Allottee(s) and the Allottee Allottee(s) has / have fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee (s) to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter / Association of allotteesAllottee(s), as the case may be, be after the issuance of the completion Occupancy certificate / Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. The Promoter shall hand over copy of the occupancy certificate / completion certificate to the Association after formation of the Association. The Land Owners herein shall jointly execute the sale deed in respect of the said apartment and undivided impartible variable proportionate share in the land in favour of the Allottee(s) simultaneously with the delivery of the said apartment but in any event, within 3 (three) month from the date of completion of the proposed buildings and/ or from the date of obtaining Certificate and / or Occupancy Certificate from the concerned authorities.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining issue of the occupancy certificate Partial or completion certificate (which may be partial)Full Occupancy/Completion Certificate by the Corporation, whichever be applicable, from the competent authority shall offer in writing (“Notice for Possession”) the possession of the Apartment, said Apartment to the Allottee in terms of this Agreement to be taken by the Allottee within 2 (two) two months from the date of issue of such occupancy/completion certificate Subject To the terms subject to due compliance of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable Clause 7.1A by the Allottee to and subsequently the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence Deed of local law, the conveyance deed Conveyance in favour of the Allottee shall be carried out executed by the promoter Vendors and the Allottee within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy/Completion Certificate. The Allottee has been made aware and confirms that the Allottee making payment construction of some of the Common Areas including the Landscaped Garden on account of stamp duty, registration fee etc., Provided Further That the Promoter shall roof may not be liable to deliver possession completed and/or usable at the time of issuance of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Notice for Possession and the Allottee has fully performed all use and enjoyment of such Common Areas may not be simultaneous with the terms conditions said Apartment and covenants of this Agreement and on the part of the Allottee to may be observed and performed until then]at a later date. The Promoter agrees shall complete all the Common Areas and undertakes to indemnify make the Allottee same usable in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoterdue course. The Allottee, after issue of notice for taking possession, agree(s) agrees to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allottees, as the case may be, after corporation taxes and other outgoings in respect of the said Apartment Unit from the date of issuance of the completion certificate for the projectCompletion Certificate. The Promoter shall handover hand over the copy of the occupancy certificate / occupancy/completion certificate of the apartment said Apartment to the Allottee at the time of conveyance execution of the Deed of Conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining Vendor on application of the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from to the competent authority shall offer in writing the possession of the ApartmentSchedule-B property, to the Allottee Purchaser/s in terms of this Agreement to be taken within 2 1 (twoone) months month from the date of issue application of such certificate Subject To subject to the terms of the Agreement and the Allottee Purchaser/s making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Purchaser/s to the Promoter Vendor hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Purchaser/s shall be carried out by the promoter Vendor within 3 months 1 (one) month from the date of issue application of occupancy / completion certificate subject to the Allottee Purchaser/s making payment on account of stamp duty, registration fee etc., . Provided Further That further that the Promoter Vendor shall not be liable to deliver possession of the Apartment Schedule-B property to the Allottee Purchaser/s nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Purchaser/s makes payment of all amounts agreed and required to be paid hereunder by the Allottee Purchaser/s and the Allottee Purchaser/s has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Purchaser/s to be observed and performed until then]. The Promoter Vendor agrees and undertakes to indemnify the Allottee Purchaser/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendor. The Allottee, after taking possession, Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter/ association Vendor / Association of allotteesPurchasers, from the date of registration and/or handover of the flat, whichever is earlier, as the case may be, after the issuance of the completion certificate for the project. The Promoter Vendor shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Purchaser/s at the time of conveyance of the same. It is clarified that the Vendor shall be deemed to have duly complied with all its obligations in case the Vendor issues notice of completion to the Purchaser/s on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Agreement to Sell

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Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or / completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee in terms of this Agreement to be taken within 2 1 (twoOne) months month from the date of issue of such occupancy certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincompletion certificate (Possession Date). [Provided that, in the absence of local lawlaw and subject to the Allottee complying with their obligations hereunder, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 (Three) months from the date of issue of occupancy certificate / completion certificate subject to the Allottee Allottee(s) making payment on account of stamp duty, registration fee etc., . Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes payment of all amounts as mentioned in 1.2.1, and 1.2.2 agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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, not due to any act or omission on the part of the Allottee. The Allottee, after taking possession, agree(s) agree to pay the maintenance charges as determined by the Promoter/ association Promoter / Association of allotteesAllottee, as the case may be, be after the issuance of the completion Occupancy certificate / Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / completion certificate of the apartment Apartment to the Allottee at the time of conveyance of the same. The Promoter shall hand over copy of the occupancy certificate / completion certificate to the Association after formation of the Association. The Land Owners herein shall jointly execute the sale deed in respect of the said apartment and undivided impartible variable proportionate share in the land in favour of the Allottee simultaneously with the delivery of the said apartment but in any event, within 3 (three) month from the date of completion of the proposed buildings and/ or from the date of obtaining Certificate and / or Occupancy Certificate from the concerned authorities.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall vide offer letter (“Offer Letter”) offer in writing the possession of the ApartmentUnit, to the Allottee Allottee(s) in terms of this Agreement Agreement. Within 20 days of the date of offer of possession given to be taken the Allottee(s) by the Promoter, the Allottee(s) shall make payment of all dues, outstanding, interest, if any, maintenance security etc. to the Promoter and within 2 50 days from clearance of entire dues, outstanding charges, if any, the Allottee(s) shall take physical possession of the Unit and simultaneously get conveyance of his Unit done from the Promoter by getting the conveyance deed/sale deed/sub lease deed registered before the Sub Registrar, Jaipur. After the expiry of 3 (twoThree) full calendar months from the date of issue of such completion certificate Subject To the terms i.e Deemed Date of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawPossession , the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession pay the maintenance charges as determined by the Promoter/Owners Association, as the case may be. The Promoter shall handover the copy of completion certificate of the Apartment Apartment, to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such Allottee(s) at the time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part conveyance of the Allottee to be observed and performed until then]same. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterPromoter which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/or on account of any default/delay on the part of the Allottee(s). The AllotteeAllottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, after taking possession1899, agree(s) to pay the maintenance charges as determined Rajasthan Xxxxx Xxx, 0000 and Xxxxxxxxxxxx Xxx, 0000 including any actions taken or deficiencies/penalties imposed by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the projectcompetent authority. The Promoter shall handover not be responsible for any damage caused to the copy Unit on account of delay on the part of the occupancy certificate / completion certificate Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the apartment same on “as is where is basis”. The Promoter shall not be held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to the Allottee at the time any of conveyance of the samemachineries installed like electrical equipment, and transformer, etc.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover to the Association the copy of the occupancy certificate / completion certificate (if and as applicable) of the apartment to the Allottee at the time of conveyance of the sameBuilding.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 two months from the date of issue of occupancy certificate/completion certificate (twoPossession Date). Provided That, in the absence of local law and subject to the Allottee(s) complying with his obligations hereunder, the conveyance deed in favour of the Allottee(s) shall be carried out by the Owners and the Promoter within 3 (three) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes payment of all amounts the Total Consideration of the said Apartment, Total GST and Total Extras and Deposits as mentioned in 1.2.1, 1.2.2 and 1.2.3 agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, after the issuance of the completion Occupancy certificate/Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. The Promoter shall hand over copy of the o0ccupancy certificate/completion certificate to the Association after the formation of the Association.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, 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 2 3 (two) three months from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment [Apartment/Plot] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]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, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at 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 of conveyance 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 same[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

Procedure for taking possession. The PromoterPromoters, upon obtaining the occupancy certificate Occupancy Certificate and or completion certificate (which may be partial), whichever be applicableCompletion Certificate, from the competent authority shall offer in writing within a maximum period of fifteen days from the date of such certificate, shall issue a letter (the “NOTICE OF POSSESSION”) offering the possession of the ApartmentUnit, to the Allottee in terms of this Agreement by way of speed post/e-mail calling upon the Allottee to be taken take possession of the Unit within 2 (two) months a maximum of forty five days from the date of issue the said Notice of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinAllottee. [Provided that, if the possession of Unit is delivered prior to obtaining “Completion Certificate” by the Developer from the Competent Authority, in that case, the developer shall be duty bound to handover the copy of the Completion Certificate in the absence hand of local lawthe Allottee, within seven days from the conveyance deed date of obtaining the said “Completion Certificate” by the Developer from the Competent Authority. Provided further that the Conveyance Deed of the Unit/Flat in favour of the Allottee shall be carried out executed and registered by the promoter within 3 months from the date of issue of occupancy / completion certificate subject Promoter (subject, however, to the Allottee making all payments as mentioned in theSIXTHSCHEDULE hereto and taking possession of the Unit/Flat in terms of the Notice Of Possession and making payment on account of the stamp duty, registration fee etc., Provided Further That charges and legal charges & expenses to the Promoter shall not be liable to deliver possession as per requisition of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder Promoter), as provided by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Promoters agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoters. The Allottee, after taking possessionpossession and/or from the Deemed Date of Possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining full payment of the occupancy certificate or plot from the Allottee and the completion certificate if required (which may be partial), whichever be applicable, since the aforesaid project is not in the built from and only made sale of plot are being made) only from the competent authority shall offer in writing the possession of the Apartmentplot, to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such certificate Subject To completion certificate. if required (since the terms aforesaid project is not in the built from and only made sale of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. plot are being made) [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 months on receipt of full payment for the said plot from the date Allottee if required (since the aforesaid project is not in the built from and only made sale of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]plot are being made). The Promoter agrees and undertakes to indemnify the Allottee in Allotteein 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 and fund as determined by the Promoter/ Promoter/association of allotteesallottees as per clause no 32 of this agreement, after offer of Possession of plot for the project or on or before 31st December, 2024 onwards, whichever is earlier. The promoter shall hand over the completion certificate if required (since the aforesaid project is not in the built form and only made sale of plot are being made) of the plot, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee allottee at the time of conveyance of the same. That it shall be mandatory for the Allotteeto become a member of the resident’s society, at the time of possession of the said property, and which shall be responsible for all maintenance and security provision of the premises as may be mutually decided later.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 two months from the date of issue of occupancy certificate/completion certificate ( Possession Date). Provided That, in the absence of local law and subject to the Allottee(s) complying with his/her/their obligations hereunder, the conveyance deed in favour of the Allottee(s) shall be carried out by the Owners and the Promoter within 3 (twothree) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee Allottee(s) making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee Allottee(s) nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes Allottee(s) make(s) payment of the Total Price of the said Apartment, Total GST and Total Extras and Deposits as mentioned above and all amounts interests and any other charges as agreed and required to be paid hereunder by the Allottee Allottee(s) and the Allottee has Allottee(s) has/have fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Allottee(s) to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allotteesAllottees, as the case may be, after the issuance of the completion Occupancy certificate/Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. The Promoter shall hand over the original occupancy certificate/completion certificate to the Association after the formation of the Association. It will not be necessary for the Promoter to complete and install all the Common Areas and Facilities and Amenities before giving possession to the Allottee(s) in terms of clause 7.2 hereinabove. The said Apartment shall be deemed to be in a habitable condition as soon as the same is completed internally in accordance with the specifications mentioned in the Part II of the Schedule B hereunder written, the entrance lobby of the Complex and at least one lift of the respective block is made operative and water drainage sewerage and provisional electricity connection are provided in or for the said Apartment. The Allottee(s) shall not withhold or make any delay in payment of the consideration money to the Promoter after receiving the possession notice for not making over the part or portion of the Common areas and Installations, facilities and amenities which would be under construction at that time.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, or such other certificate by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, Row Bungalow,(“Notice of Possession”) to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of completion certificate (or such other certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by whatever name called issued by the Allottee to competent authority) (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the said Row Bungalow in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the Fourth Schedule hereto and taking possession of the said Row Bungalow in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges charges, proportionate share of municipal tax and all other outgoings as determined by the Promoter/ Promoter/association of allottees, as the case may be, after on and from the issuance Possession Date. The Promoter shall hand over a copy of the completion certificate for (or such other certificate by whatever name called issued by the project. The Promoter shall handover the copy competent authority) of the occupancy certificate / completion certificate of Project/said Row Bungalow, as the apartment case may be, to the Allottee at the time of conveyance of the samesaid Row Bungalow in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The PromoterThePromoter , upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincompletion certificate. [Provided that, in the absence of local law, the The conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter and the Landowner within 3 three months from the date of issue of occupancy / completion certificate subject to provided the Allottee making payment on account of accepts such possession and pays the Total Price, stamp duty, registration fee etc.charges, Provided Further That incidental expenses and other applicable amounts and executes as well as admits execution of such conveyance deed before the concerned registering authority. The Landowner and the Promoter shall not be liable to deliver possession complete the transfer of the Apartment Common Areas, Amenities and Installations as per the provisions of the Act. The Allottee shall bear and pay a sum equivalent to 0.50% (zero point five per cent) of the consolidated price without GST plus applicable taxes to the Allottee nor to execute or cause to be executed any Sale Deed or person nominated by the Promoter towards the documentation charges for the preparation of this agreement, the proposed deed of conveyance and other instruments until necessary documents (if any) for transfer of the said Apartment (if any). It is agreed that such time the Allottee makes payment of all amounts agreed and required to documentation charges shall be paid hereunder by the Allottee and in the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part manner mentioned in PART - III of the Allottee to be observed and performed until then]SCHEDULE – I hereunder written. The Promoter agrees agree 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 possessionpossession (actual or deemed as the case may be), agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter / Association, as the case may be, be after the issuance of the completion certificate for the project. The Promoter shall handover hand over the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, Promoter upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, 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 2 two (two3) months (three months) from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment [Apartment/Plot] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]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, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter / association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy 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 per 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 in 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 / completion certificate and handing over physical possession of the apartment (Apartment/plot) to the Allottee at Allottees, it shall be the time of conveyance responsibility of the samepromoter 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: Annexure A

Procedure for taking possession. The PromoterVendor-Cum-Developer, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “ NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Vendor-Cum-Developer (subject, however, to the Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour Vendor-Cum-Developer as per requisition of the Allottee shall be carried out by the promoter Vendor-Cum-Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Vendor-Cum-Developer agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterVendor-Cum-Developer. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Vendor-Cum-Developer/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Vendor-Cum-Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the ApartmentRow House or the Town House Unit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to Row House or the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Town House Unit within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice. 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, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance of the occupancy certificate/ completion certificate for the project(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority Kolkata Municipal Corporation, shall offer in writing the possession of the Apartment, Allotted Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such certificate Subject To the terms of the Agreement and Promoter issuing the Allottee Notice for Possession upon making payment of the entire balance consideration Total Price including the Extras and all other amounts Deposits for the Allotted Apartment and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the execution of conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making has made the aforesaid payment on account of to the Promoter and further paying the applicable stamp duty, registration fee etc.charges, Provided Further That the Promoter shall not be liable to deliver possession of the Apartment allied expenses and incidentals to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Promoter. 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 and taxes and other outgoings mentioned in Part-I of the Promoter/ association of allottees, as Seventh Schedule hereunder written. The Promoter shall hand over the case may be, after the issuance copy of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment Allotted Apartment to the Allottee at the time of conveyance of the sameAllotted Apartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The PromoterPromoters, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the The Allottee in terms of this Agreement by sending the notice of such offer by speed post/e -mail calling upon The Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by The Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favourofThe Allottee shall be executed and registered by the Promoters (subject, however, to The Allottee making all payments as mentioned in the SCHEDULE-C hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour as per requisition of the Allottee shall be carried out by the promoter Co-Owner/Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Promoters agrees and undertakes to indemnify the The Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoters. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesofAllottee, as the case may be, be after the issuance of the completion certificate for the projectSaid Project/Complex. The Promoter Promoters shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Said Apartment, as the case may be, to the The Allottee at the time of conveyance of the sameApartment in favour of The Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectPhase 2 of the Project. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinsaid Notice Of Possession (POSSESSION NOTICE). [Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd Schedule hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc. expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottee, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project, as the case may be, to the Allottee at the time of conveyance of the same.Apartment in favour of the Allottee

Appears in 1 contract

Samples: Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinsaid Notice Of Possession (POSSESSION NOTICE). [Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc. expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectPhase 1 of the Project. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The PromoterDevelopers, upon obtaining the occupancy Completion Certificate/Part Completion Certificate (or such other certificate or completion certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice of Possession by the Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottee shall be taken executed and registered by the Developers (subject, however, to the Allottee making all payments as mentioned in the Part –I of THIRD SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Developer as per requisition of the Developer) within 2 (two) three months from the date of issue of Completion certificate/Part Completion Certificate (or such other certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by whatever name called issued by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out competent authority) as provided by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developers agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDevelopers. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottee, as the case may be after the issuance of the Completion certificate/Part Completion Certificate. The Developers shall hand over a copy of the Completion certificate/Part Completion Certificate (or such other certificate by whatever name called issued by the competent authority) of the Project/Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameApartment in favor of the Allottee.

Appears in 1 contract

Samples: 202.61.117.163

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the ApartmentSAID VILLA, to the Allottee in terms of this Agreement to be taken within 2 (two) months one month from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment SAID VILLA to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]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, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter or association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy possession to the Allottee in writing within 7 days of receiving the occupancy certificate / completion certificate of the apartment Project. The Allottee shall take possession of the SAID VILLA within 15 days of the written notice from the promoter to the Allottee at intimating that the SAID VILLA is ready for use of occupancy. Failure of Allottee to take Possession of SAID VILLA upon receiving a written intimation from the Promoter as per clause ,the Allottee shall take possession of the SAID VILLA from the Promoter by paying all amounts executing necessary indemnities, undertakings and such other documentation as specified in this Agreement, and the Promoter shall give possession of the SAID VILLA to the allottee .In case the Allottee fails to take possession within the time provided in clause , such Allottee shall continue to be liable to pay maintenance charges as applicable including all Government rates, taxes, charges, interest on delay and all other outgoing and expenses of conveyance and incidental to the management and maintenance of the samesaid Project and the building thereon. If within a period of five years from the date of handing over the SAID VILLA to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the SAID VILLA or the building in which the Villa are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at its own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. In case the allotee(s) carry out any work within the SAID VILLA after taking possession, resulting in cracks and dampness or any other defect within or to the adjoining Villas/s, then in such an event the promoter shall not be liable to rectify or pay compensation. But the promoter may offer services to rectify such defects with nominal charges. Hairline cracks and dampness caused due to settlement, humidity, variations in temperature, electrical conduits, etc. cannot be considered as defective work.

Appears in 1 contract

Samples: Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: 202.61.117.163

Procedure for taking possession. The PromoterPromoters, upon obtaining the occupancy certificate and or completion certificate (which may be partial( or such other certificate by whatever name called issued by the competent authority), whichever be applicable, from the competent authority shall offer within a maximum period of fifteen days from such date, shall issue a letter (the “NOTICE OF POSSESSION”) offering in writing the possession of the ApartmentUnit, to the Allottee in terms of this Agreement by sending the notice of such offer by way of speed post/e- mail calling upon the Allottee to be taken take possession of the Unit within 2 (two) months a maximum of forty five days from the date of issue the said Notice of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein“POSSESSION DATE/DEEMED DATE OF POSSESSION”). [Provided that, in the absence of local law, that the conveyance deed of the Unit in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in thePart II of the SIXTH SCHEDULE hereto and taking possession of the Unit in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Promoters agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoters. The Allottee, after taking possessionpossession and/or from the Deemed Date of Possession, agree(s) to pay the maintenance charges charges,taxes etc as determined by the Promoter/ association Promoter/Association of allottees. The Promoters shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project/ Unit, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance Deed of Assignment of the samecommercial unit in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Assignment

Procedure for taking possession. The Promoter, Promoter upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Completion Certificate from the competent authority Kolkata Municipal Corporation shall offer in writing the possession of the Apartment, Allotted Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) three months from the date of issue of such certificate Subject To the terms of the Agreement and Promoter issuing the Allottee Notice for Possession upon making payment of the entire balance consideration Total Price including the Extras and all other amounts Deposits for the Allotted Apartment and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the execution of the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 three months from the date of issue of occupancy / completion certificate Completion Certificate subject to the Allottee making has made the aforesaid payment on account of to the Promoter and further paying the requisite stamp duty, registration fee etc.charges, Provided Further That the Promoter shall not be liable to deliver possession of the Apartment allied expenses and incidentals to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Promoter. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, Allottee after taking possession, agree(s) possession agrees to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance and taxes and other outgoings mentioned in Part-I of the completion certificate for the projectSeventh Schedule hereunder written. The Promoter shall handover the copy of the occupancy certificate / completion certificate Completion Certificate of the apartment Allotted Apartment to the Allottee at the time of conveyance of the sameAllotted Apartment in favour of the Allottee.

Appears in 1 contract

Samples: 202.61.117.163

Procedure for taking possession. The Promoter, upon obtaining the occupancy Occupancy Certificate or such other certificate or completion certificate (which may be partial), whichever be applicable, by whatever name called/ issued by the competent authority from the competent authority shall offer in writing the possession of the Apartment/Villa], to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such certificate Subject To Occupancy Certificate. The Allottee shall clear all his/her/their dues within the terms time specified in the offer of possession and take over possession of the Agreement Apartment/Villa. The execution of title documents including possession letter, conveyance deed and the Allottee making payment possession of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed Said Apartment/Villa in favour of the Allottee shall be carried out subject to receipt of the Total Price and all other charges / amounts from the Allottee as detailed in this Agreement. The Allottee shall comply with and abide by applicable rules, regulations, terms and conditions prescribed/imposed by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]competent authorities. The Promoter agrees and undertakes to indemnify the and 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 Promoter/Association of allotteesAllottees, as the case may be, be after the issuance of the completion certificate Occupancy Certificate for the projectProject. The Promoter shall handover hand over the copy of the occupancy certificate / completion certificate Occupancy Certificate of the apartment Apartment/Villa to the Allottee Allottee, if requested, at the time of conveyance of the same. The Allottee shall also pay Interest Free Maintenance Security Deposit (“IFMS”) calculated @ Rs. /- (Rupees ) per sq. ft. of the Carpet Area of the said Apartment/Villa as per the Price Schedule and Payment Plan annexed herewith. In addition to the above, the other terms and conditions relating to maintenance services, use of Common Areas and facilities and maintenance, payment of IFMS, sinking fund, maintenance charges, shall be as set out in the maintenance agreement to be executed by the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 3 (twothree) months from the date of issue of such certificate notice and the Promoter shall give possession of the [Apartmentto the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy possession to the Allottee in writing within days of receiving the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameProject.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The PromoterVendor-Cum-Developer, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment said Notice of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour favor of the Allottee shall be carried out executed and registered by the promoter Vendor-Cum-Developer (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Vendor-Cum-Developer as per requisition of the Vendor-Cum-Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Vendor-Cum-Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterVendor-Cum-Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined dete rmined by the Promoter/ Vendor-Cum-Developer/association of allotteesAllottee, as the case may be after the issuance of the occupancy certificate for the Said Project. The Vendor-Cum-Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining Vendors / Confirming Party on application of the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from to the competent authority shall offer in writing the possession of the ApartmentSchedule-A property, to the Allottee Purchaser/s in terms of this Agreement to be taken within 2 1 (twoone) months month from the date of issue application of such certificate Subject To subject to the terms of the Agreement and the Allottee Purchaser/s making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Purchaser/s to the Promoter Vendors / Confirming Party hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Purchaser/s shall be carried out by the promoter Vendors / Confirming Party within 3 months 1 (one) month from the date of issue application of occupancy / completion certificate subject to the Allottee Purchaser/s making payment on account of stamp duty, registration fee etc., . Provided Further That further that the Promoter Vendors / Confirming Party shall not be liable to deliver possession of the Apartment Schedule-A property to the Allottee Purchaser/s nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Purchaser/s makes payment of all amounts agreed and required to be paid hereunder by the Allottee Purchaser/s and the Allottee Purchaser/s has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Purchaser/s to be observed and performed until then]. The Promoter agrees Vendors / Confirming Party agree and undertakes undertake to indemnify the Allottee Purchaser/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendors. The Allottee, after taking possession, Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter/ association Vendors / Association of allotteesPurchasers, from the date of registration and/or handover of the flat, whichever is earlier, as the case may be, after the issuance of the completion certificate for the project. The Promoter Vendors / Confirming Party shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Purchaser/s at the time of conveyance of the same. It is clarified that the Vendors / Confirming Party shall be deemed to have duly complied with all its obligations in case the Vendors / Confirming Party issues notice of completion to the Purchaser/s on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, Apartment,(“Notice of Possession”) to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such occupancy certificate Subject To (the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein“POSSESSION DATE”). [Provided that, in the absence of local law, That the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the Fourth Schedule hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided under the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges charges, proportionate share of municipal tax and all other outgoings as determined by the Promoter/ Promoter/association of allottees, as the case may be, after on and from the issuance Possession Date. The Promoter shall hand over a copy of the completion certificate for (or such other certificate by whatever name called issued by the project. The Promoter shall handover the copy competent authority) of the occupancy certificate / completion certificate of Project/Apartment, as the apartment case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartmentsaid Unit, to the Allottee in terms of this Agreement to be taken within 2 (two2(Two) months from the date of issue of such certificate notice and the Promoter shall give possession of the said Unit to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment said Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy possession to the Allottee in writing within 30 days of receiving the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameProject.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. 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 of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Apartment, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice. 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, 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 after receiving the issuance occupancy certificate/ completion certificate /Partial Completion Certificate of the completion certificate for the projectBlock (notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate Completion / completion certificate Partial Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, (the “Notice of Possession”) to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/email calling upon the Allottee to take possession of the Apartment within a maximum of 45 days from the date of receipt of the said Notice of Possession by the Allottee (the “Possession Date”).Provided that, the conveyance deed of the Apartment in favour of the Allottee shall be taken executed and registered by the Promoter(subject, however to the Allottee making all payments as mentioned in the Schedule C hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of stamp duty, registration charges, and legal charges and expenses to the Promoter as per requisition of the Promoter) within 2 3 (twothree) months from the date of issue of occupancy certificate or such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by whatever name called issued by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out competent authority) as provided by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges and other charges(if any) as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartmentsaid Unit, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the said Unit within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinsaid Notice Of Possession (POSSESSION NOTICE). [Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd Schedule hereto and taking possession of the said Unit in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc. expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottee, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate* from the competent authority shall offer in writing the possession of the [Xxxxx Apartment], to the Allottee in terms of this Agreement to be taken within 2 3 (two) three months from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment [Apartment/Plot] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]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, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy 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 per 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 in 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 / completion certificate and handing over physical possession of the apartment [Apartment] to the Allottee at Allottees, it shall be the time of conveyance responsibility of the samePromoter 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

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever whiche ver be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (twotwo ) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants covenant s / obligations herein. [[ Provided thatthat , in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time ti me the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part par t of the Allottee to be observed and performed until then]. The Promoter agrees and an d 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/ Promo ter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining full payment of the occupancy certificate or Apartment/Plot/Bungalow from the Allottee and the completion certificate (which may be partial), whichever be applicable, certificate* from the competent authority shall offer in writing the possession of the Plot/Bungalow [Apartment/Plot/Bungalow], to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincompletion occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 months from the date of issue of completion occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until thencertificate]. 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/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectproject or from 31.12.2020 onwards, whichever is earlier. The Promoter promoter shall handover hand over the copy of the completion occupancy certificate / completion certificate of the apartment Plot/Bungalow apartment/Plot/Bungalow, as the case may be, to the Allottee allottee at the time of conveyance of the same. That it shall be mandatory for the Allottee to become a member of the residents society, at the time of possession of the said property, which is already formed by the residents of Premier Orchard (Phase-1 & 2) and which shall be responsible for all maintenance and security provision of the premises as may be mutually decided later.

Appears in 1 contract

Samples: Agreement for Sale

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