Common use of Alienation Clause in Contracts

Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all the following conditions are complied with: a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise. b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits. c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation. 7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions: a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares. b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance. c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.

Alienation. 7.1 Until a Deed of Conveyance is executed unto and registered in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) mortgage, encumber, lease or encumber otherwise dispose of, deal with or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat Unit or any portion thereof and/or any right or benefit of the Purchaser/s herein Purchaser in the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit and/or under this Memorandum unless Agreement. 7.2 The Purchaser may however, enter into any agreement to nominate, assign or transfer the allotment of the said Unit only if all the following conditions are complied with:with:- a) 7.2.1 There has been no default whatsoever by or on behalf of the Purchaser/s herein Purchaser in compliance with and/or performance of any of the Purchaser herein his covenants, undertakings and obligations under this memorandum Agreement or otherwise. b) 7.2.2 The Purchaser/s herein has/have Purchaser has made full payment of the agreed considerationAgreed Consideration, the additional payments Additional Payments and depositsMandatory Deposits / Advance / Extra Costs till then payable. c7.2.3 The Purchaser making payment to the Vendor/Builder, Transfer Charges/Nomination fees equivalent to 5% (Five percent) plus taxes as applicable of the total transfer consideration payable by the Assignee or Nominee as noted in the Nomination Agreement or the Agreed Consideration mentioned in the Fifth Schedule Part-I of the Sale Agreement signed between the Purchaser & the Vendor/Builder, whichever is higher. In case of assignment and/or nomination in favour of any of the Family Members of the Purchaser as defined in Clause A (xiv) hereinabove of the said Sale Agreement, the transfer charges/nomination fees shall be Rs.25,000/- (Rupees Twenty Five Thousand only) plus taxes as applicable. 7.2.4 Prior consent in writing is obtained from the Developer herein regarding Vendor/Builder of the proposed mortgagetransfer / disposal / nomination or alienation of the said Unit or any part thereof. PROVIDED HOWEVER that the Vendor/Builder shall in its absolute discretion be entitled to refuse consent to nomination / transfer / disposal, encumbranceetc. of the said Unit to any person not being a Family Member of the Purchaser if the Purchaser intends to make such nomination / transfer / disposal, assignmentetc. within a period of 1 (one) year from the date of this Agreement, and any nomination / transfer / disposal or alienationmade in contravention / violation of such refusal to give consent shall be void ab initio. 7.2 7.3 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser may mortgage, encumber, lease out or otherwise deal with or dispose of or assign or alienate the said Unit/Flat in lawful manner and Unit subject to the following conditions: a) 7.3.1 The said Unit/s/Flat/s/Car Parking Space/s Unit shall be impartible, indivisible and other/s be held in one lot lot, and the same shall not and cannot be partitioned or dismembered in part or parts. In case of sale, alienation, transfer, demise, and grant sale of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and Unit in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares. b) 7.3.2 The transfer, sell, grant, demise, and sale transfer of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s Unit by the Purchaser/s herein Purchaser shall not be in any manner inconsistent with the terms of this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall be covenants which run with the land Land and/or transfer and shall be self-same manners and naturetransfer. The One of the conditions on which the said Unit is being sold to the Purchaser is that all of the person(s) to whom the PurchaserPurchaser may transfer/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein Purchaser by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance. c) 7.3.3 All the dues including outstanding amounts, interest, maintenance chargesMaintenance Charges, electricity charges, municipal Govt. Authorities taxes and other taxes etc. relating to the said Unit/s Unit payable to the Developer-Vendor hereinVendor/Builder, the maintenance Maintenance Agency, the Association and the Municipality Govt. Authorities are paid by the Purchaser/s Purchaser in full prior to the proposed transfer/alienation. Such dues, if any any, shall in any event, run with such proposed transferbe and remain a primary charge on the said Unit. 7.4 In case of death of any Purchaser prior to the execution and registration of the Deed of Conveyance in his favour, his legal representatives shall be entitled to obtain the Deed of Conveyance in their favour subject to production of necessary documents of representation to title as may be required by the Vendor/Builder in this regard, including probate, letters of administration and succession certificate.

Alienation. 7.1 Until a Deed Subject to the terms of Conveyance is executed unto and in favour of Clause 20 the Purchaser/s herein, the Purchaser/s herein Seller shall not be entitled, without the prior consent in writing of the Buyer, to (i) assign, transfer or novate, all or any of their respective rights and benefits under this Agreement; or (ii) make a declaration of trust in respect of or enter into any arrangement under which it agrees to hold in trust for any person all or any of its rights and benefits under this Agreement. The Seller shall be entitled, without the consent of the Buyer, to assign its rights and/or benefits under this Agreement by way of security to a Finance Party and any assignment pursuant to the enforcement of such security. The Buyer shall be entitled to mortgage (except assign its interest in this Contract to any person with the case consent of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall Seller, not to be applicable) unreasonably withheld or encumber or alienate or dispose delayed if the proposed assignee is demonstrably capable of or deal fulfilling the Buyer's remaining obligations in any manner whatsoever with this Agreement for the said Unit/Flat or any portion thereof and/or any right or benefit remainder of the Purchaser/s herein in Contract Period, provided always that the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or proposed assignee undertakes to the Seller (by way of direct undertaking to the Seller on terms acceptable to the Seller, acting reasonably) to implement the Buyer’s obligations under this Memorandum unless all Agreement or, at the following conditions are complied with: a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any Seller’s request, to take a novation of the Purchaser herein covenants, undertakings Buyer's rights and obligations under this memorandum Agreement, in terms of an agreement that is acceptable to the Seller, acting reasonably. All costs properly and reasonably incurred by the Seller in terms of this Clause 19.3 shall be met by the Buyer. Transfer of Specified Project Site The Seller shall be prohibited from transferring its interest in all or otherwise. b) The Purchaser/s herein has/have made full payment any part of the agreed considerationSpecified Project Site or assigning its interest under this Agreement in whole or in part, save in compliance with the additional payments and deposits. c) Prior consent terms of this Clause 20. The Seller shall be obliged to transfer its interest in writing this Contract to any party (in this Clause 20, "the Assignee"), that is obtained from simultaneously acquiring the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal Seller's interest in all or alienation. 7.2 After completion any part of the execution and registration of Specified Project Site (in this Clause 20, "the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and Transferred Part") subject to the following conditions: aprovisions: the Seller shall provide the Buyer with not less than 30 Business Days' prior written notice of the proposed transfer (in this Clause 20, "the Assignment"), including details of the Assignee, such period to allow for Parties and the Assignee to complete the remainder of the steps required pursuant to this Clause 20.2; the Assignee shall undertake to the Buyer (by way of direct deed of covenant with the Buyer on terms acceptable to the Buyer, acting reasonably) to implement the Seller’s obligations under this Agreement insofar as relating to the Transferred Part (including, in the event that this Agreement is a Secured Contract, but not by way of limitation the covenants at Clause 13); the Seller shall exhibit a letter of non-crystallisation from the holder of each and every floating charge affecting the Transferred Part, such letter to be in the chargeholder's usual form and to include consent to the Assignee entering into any documentation that it enters into pursuant to this Clause 20.2 that would require the consent of the chargeholder; The said Unit/s/Flat/s/Car Parking Space/s Seller shall be responsible for ensuring that all obligations under the Governing Code that relate to a change in identity of the party that manages the Specified Project are complied with as part of the transfer of the Transferred Part, and other/s that the Buyer is provided with evidence thereof; and All costs properly and reasonably incurred by the Buyer in terms of this Clause 20.2 shall be one lot and met by the Seller. Change in Control If there is no Change in Control Restriction then the consent of the Seller shall not be partitioned or dismembered required in parts. In case respect of sale, alienation, transfer, demise, and grant a Change in Control of the said Unit/s/Flat/s/Car Parking Space/s/ Buyer; If there is a Change in Control Restriction then a Change in Control in the Buyer can take place with the consent of the Seller, not to be unreasonably withheld or delayed if the Buyer following such proposed Change in Control is demonstrably capable of fulfilling the Buyer's remaining obligations in this Agreement for the remainder of the Contract Period. All costs properly and other/s unto and reasonably incurred by the Seller in favour terms of more than one buyer, the same this Clause 21.2 shall be done in their favour jointly and in undivided shares. b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s met by the Purchaser/s herein Buyer. Further Assurance Each Party shall not be in any manner inconsistent with this Agreement and/or execute such documents and do such acts and things as the Deed other Party may reasonably require for the purpose of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable giving effect to the Purchaser/s herein by law and/or by virtue provisions of this Agreement and/or the proposed necessary Deed of ConveyanceAgreement. c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.

Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all the following conditions are complied with: a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise. b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits. c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation. 7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions: a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares. b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance. c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.

Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour favor of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all the following conditions are complied with: a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise. b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits. c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation.the 7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour favor of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions: a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour favor of more than one buyer, the same shall be done in their favour favor jointly and in undivided shares. b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance. c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.

Alienation. 7.1 Until a Deed of Conveyance is executed unto and registered in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) mortgage, encumber, lease or encumber otherwise dispose of, deal with or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat Unit or any portion thereof and/or any right or benefit of the Purchaser/s herein Purchaser in the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit and/or under this Memorandum unless Agreement. 7.2 The Purchaser may however, enter into any agreement to nominate, assign or transfer the allotment of the said Unit only if all the following conditions are complied with:with:- a) 7.2.1 There has been no default whatsoever by or on behalf of the Purchaser/s herein Purchaser in compliance with and/or performance of any of the Purchaser herein his covenants, undertakings and obligations under this memorandum Agreement or otherwise. b) 7.2.2 The Purchaser/s herein has/have Purchaser has made full payment of the agreed considerationAgreed Consideration, the additional payments Additional Payments and depositsMandatory Deposits / Advance / Extra Costs till then payable. c7.2.3 The Purchaser making payment to the Builder, Transfer Charges/Nomination fees equivalent to 5% (Five percent) plus taxes as applicable of the total transfer consideration payable by the Assignee or Nominee as noted in the Nomination Agreement or the Agreed Consideration mentioned in the Fifth Schedule Part-I of the Sale Agreement signed between the Purchaser & the Builder, whichever is higher. In case of assignment and/or nomination in favour of any of the Family Members of the Purchaser as defined in Clause A (xiv) hereinabove of the said Sale Agreement, the transfer charges/nomination fees shall be Rs.25,000/- (Rupees Twenty Five Thousand only) plus taxes as applicable. 7.2.4 Prior consent in writing is obtained from the Developer herein regarding Builder of the proposed mortgagetransfer / disposal / nomination or alienation of the said Unit or any part thereof. PROVIDED HOWEVER that the Builder shall in its absolute discretion be entitled to refuse consent to nomination / transfer / disposal, encumbranceetc. of the said Unit to any person not being a Family Member of the Purchaser if the Purchaser intends to make such nomination / transfer / disposal, assignmentetc. within a period of 1 (one) year from the date of this Agreement, and any nomination / transfer / disposal or alienationmade in contravention / violation of such refusal to give consent shall be void ab initio. 7.2 7.3 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser may mortgage, encumber, lease out or otherwise deal with or dispose of or assign or alienate the said Unit/Flat in lawful manner and Unit subject to the following conditions: a) 7.3.1 The said Unit/s/Flat/s/Car Parking Space/s Unit shall be impartible, indivisible and other/s be held in one lot lot, and the same shall not and cannot be partitioned or dismembered in part or parts. In case of sale, alienation, transfer, demise, and grant sale of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and Unit in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares. b) 7.3.2 The transfer, sell, grant, demise, and sale transfer of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s Unit by the Purchaser/s herein Purchaser shall not be in any manner inconsistent with the terms of this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall be covenants which run with the land Land and/or transfer and shall be self-same manners and naturetransfer. The One of the conditions on which the said Unit is being sold to the Purchaser is that all of the person(s) to whom the PurchaserPurchaser may transfer/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein Purchaser by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance. c) 7.3.3 All the dues including outstanding amounts, interest, maintenance chargesMaintenance Charges, electricity charges, municipal corporation taxes and other taxes etc. relating to the said Unit/s Unit payable to the Developer-Vendor hereinBuilder, the maintenance Maintenance Agency, the Association and the Municipality Municipal Corporation are paid by the Purchaser/s Purchaser in full prior to the proposed transfer/alienation. Such dues, if any any, shall in any event, run with such proposed transferbe and remain a primary charge on the said Unit. 7.4 In case of death of any Purchaser prior to the execution and registration of the Deed of Conveyance in his favour, his legal representatives shall be entitled to obtain the Deed of Conveyance in their favour subject to production of necessary documents of representation to title as may be required by the Builder in this regard, including probate, letters of administration and succession certificate.

Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all the following conditions are complied with: a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise. b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits. c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation. 7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions: a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares. b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ s and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ transfer/alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance. c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.

Alienation. 7.1 Until a Deed (i) Not to assign transfer mortgage change (save by way of Conveyance is executed unto and in favour floating charge) underlet licence share or part with possession or occupation of the Purchaser/s herein, demised premises or any part thereof nor hold the Purchaser/s herein demised premises on trust for or as a nominee of any person company or body PROVIDED that the transaction mentioned in (ii) and (iii) of this sub-clause shall not constitute a breach of this covenant Back to Contents (a) Not to assign the whole of the demised premises without first:- (A) obtaining the written licence of the Landlord which shall not be entitled unreasonably withheld or delayed; (B) satisfying the circumstances specified for the purpose of S.19(1A) of the Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and set out in subclause (b) below; and (C) complying with the conditions specified for the purposes of s.19(1A) of the Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and set out in subclause (c) below (b) The circumstances referred to mortgage in subclause (except a) (B)are that:- (A) all sums properly demanded and/or due from the Tenant under this Underlease have been paid at the date of the application for the licence to assign; (B) in the Landlord’s reasonable opinion the assignee is at the date of the application for licence to assign likely to be able to pay the rents hereby reserved and comply with the tenant covenants of this Underlease and is likely to continue to be so able following the assignment; Back to Contents (C) the assignee does not have the benefit of diplomatic immunity; (D) in the case of an assignment to a company which is in the purchaser obtaining same group (within the meaning of Section 42 of the Landlord and Tenant Act 1954) as the Tenant the assignee is in the Landlord’s reasonable opinion a home/housing loan from any recognized financial institution where Clause- C below shall person who is at the date of the application for licence to assign no less likely than the Tenant was at the date of the grant or assignment of the Underlease to the Tenant to be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever able to comply with the said Unit/Flat tenant covenants of this Underlease and is likely to continue to be such a person following the assignment; and (c) The conditions referred to in subclause (a) (C) are that:- (A) upon or before any portion thereof and/or any right or benefit assignment and before giving occupation to the assignee the Tenant shall covenant by way of indemnity and guarantee with the Purchaser/s herein Landlord in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all terms set out in the following conditions are complied with:Second Schedule; a(B) There has been no default whatsoever if so reasonably required by the Purchaser/s herein in compliance with and/or performance of Landlord the assignee shall upon or before any of the Purchaser herein covenants, undertakings assignment and obligations under this memorandum before taking occupation obtain a guarantor or otherwise. b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits. c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation. 7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject guarantors reasonably acceptable to the following conditions: a) The said Unit/s/Flat/s/Car Parking Space/s Landlord who shall covenant by way of indemnity and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of guarantee (if more than one buyer, the same shall be done in their favour jointly and in undivided shares. bseverally) The transfer, sell, grant, demise, and sale of with the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained Landlord in the Deed of Conveyance shall run with terms set out in the land and/or transfer and shall be self-same manners and nature. The person(sThird Schedule; and (C) the written licence to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance. c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full assign contains a condition that if at any time prior to the proposed transfer/alienation. Such dues, if assignment the circumstances (or any of them) specified in subclause (b) cease to exist the Landlord may revoke the licence by written notice to the Tenant (d) The Tenant shall furnish the Landlord on written demand with full particulars of all derivative interests and occupational rights of or in the demised premises or any event, run part thereof however remote or inferior including particulars of the rent or rents payable in respect of such derivative interests and shall supply such further particulars as the Landlord may reasonably require in respect thereof and without prejudice to the generality of the foregoing the Tenant shall within one month of service of a notice pursuant to section 40 of the Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ provide to the Landlord in writing the information requested therein (e) Notwithstanding (a) of this sub-clause the Tenant or any lawful undertenant may share occupation of the demised premises with any company which is within the same group of companies (as defined by Section 42 of the Landlord and Tenant Act 1954) as the Tenant or the undertenant (as the case may be) PROVIDED that no relationship of landlord and tenant is thereby created and the occupation is Back to Contents upon terms under which such proposed transfer.company will vacate the demised premises forthwith upon its ceasing to be within the same group of companies (as defined aforesaid)

Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all the following conditions are complied with: a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise. b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits. c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation. 7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions: a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares. b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ s and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ transfer/alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance. c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/transfer/ alienation. Such dues, if any shall in any event, run with such proposed transfer.

Alienation. 7.1 Until a Deed of Conveyance is executed unto and registered in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) mortgage, encumber, lease or encumber otherwise dispose of, deal with or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat Unit or any portion thereof and/or any right or benefit of the Purchaser/s herein Purchaser in the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit and/or under this Memorandum unless Agreement. 7.2 The Purchaser may however, enter into any agreement to nominate, assign or transfer the allotment of the said Unit only if all the following conditions are complied with:with:- a) There 7.2.1 The Purchaser has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise. b) The Purchaser/s herein has/have made full payment of the agreed considerationAgreed Consideration, the additional payments Taxes and depositsMandatory Deposits in respect of the Said Unit. c7.2.2 The Purchaser making payment to the Builder, Transfer Charges/ Nomination fees equivalent to 5% (Five percent) plus taxes as applicable of the total transfer consideration payable by the Assignee or Nominee as noted in the Nomination Agreement or 5% of the Agreed Consideration mentioned in the Fifth Schedule Part-I of the Sale Agreement signed between the Purchaser & the Builder, whichever is higher. In case of assignment and/or nomination in favour of any of the Family Members of the Purchaser as defined in Clause A (xv) hereinabove of the said Sale Agreement, the transfer charges/nomination fees shall be Rs.15,000/- (Rupees Fifteen Thousand only) plus taxes as applicable" 7.2.3 Prior consent in writing is obtained from the Developer herein regarding Builder of the proposed mortgage, encumbrance, assignment, transfer / disposal / nomination or alienationalienation of the said Unit or any part thereof. 7.2 7.3 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein Purchaser may mortgage, encumber, lease out or otherwise deal with or dispose of or assign or alienate the said Unit/Flat in lawful manner and Unit subject to the following conditions: a) 7.3.1 The said Unit/s/Flat/s/Car Parking Space/s Unit shall be impartible, indivisible and other/s be held in one lot lot, and the same shall not and cannot be partitioned or dismembered in part or parts. In case of sale, alienation, transfer, demise, and grant sale of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and Unit in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares. b) 7.3.2 The transfer, sell, grant, demise, and sale transfer of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s Unit by the Purchaser/s herein Purchaser shall not be in any manner inconsistent with the terms of this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall be covenants which run with the land Land and/or transfer and shall be self-same manners and naturetransfer. The One of the conditions on which the said Unit is being sold to the Purchaser is that all of the person(s) to whom the PurchaserPurchaser may transfer/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s Unit shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein Purchaser by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance. c) 7.3.3 All the dues including outstanding amounts, interest, maintenance chargesMaintenance Charges, electricity charges, gas bank charges, municipal corporation taxes and other taxes etc. relating to the said Unit/s Unit payable to the Developer-Vendor hereinBuilder, the maintenance Maintenance Agency, the Association and the Municipality Municipal Corporation are paid by the Purchaser/s Purchaser in full prior to the proposed transfer/alienation. Such dues, if any any, shall in any event, run with such proposed transferbe and remain a primary charge on the said Unit. 7.4 In case of death of any Purchaser prior to the execution and registration of the Deed of Conveyance in his favour, his legal representatives shall be entitled to obtain the Deed of Conveyance in their favour as per the Governing Law of Succession subject to production of necessary documents of representation to title as may be required in this regard, including probate, letters of administration and succession certificate.

Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- Clause - C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s s/ Commercial Space and Other/s and/or under this Memorandum unless all the following conditions are complied with: a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser Purchaser/s herein covenants, undertakings and obligations under this memorandum or otherwise. b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits. c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation. 7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions: a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares. b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance. c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.

Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat with said Car Parking Space or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Flat with said Car Parking Space/s and Other/s Space and/or under this Memorandum unless all the following conditions are complied with: a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise. b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits. c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation. 7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat with said Car Parking Space in lawful manner and subject to the following conditions: a) The said Unit/s/Flat/s/Flat with said Car Parking Space/s and other/s Space be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Flat with said Car Parking Space/s/ and other/s Space unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares. b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Flat with said Car Parking Space/s/ and Other/s Space by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.be c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.

Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat with said Car Parking Space or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Flat with said Car Parking Space/s and Other/s Space and/or under this Memorandum unless all the following conditions are complied with: a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise. b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits. c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation. 7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat with said Car Parking Space in lawful manner and subject to the following conditions: a) The said Unit/s/Flat/s/Flat with said Car Parking Space/s and other/s Space be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Flat with said Car Parking Space/s/ and other/s Space unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares. b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Flat with said Car Parking Space/s/ and Other/s Space by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Flat and the said Car Parking Space/s and Other/s Space shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.same c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association and the Municipality are paid by the Purchaser/s in full prior to the proposed transfer/alienation. Such dues, if any shall in any event, run with such proposed transfer.

Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour favor of the Purchaser/s hereinHerein, the The Purchaser/s herein shall not be entitled to mortgage (except Except in the case of the purchaser Purchasers obtaining a home/home / housing loan from any recognized financial institution where Clause- clause C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the thee said Unit/Flat S Flat/s or any portion thereof and/or and / or any right or benefit of the Purchaserpurchaser/s herein in the said UnitUnit /Flat/s/Flat/s/Car Parking Space/s car parking Space and Other/s and/or others and / or under this Memorandum memorandum unless all the following conditions are complied with: a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or and / or performance of any of the Purchaser purchaser herein covenants, undertakings undertaking and obligations under this memorandum or otherwise.other wise b) The Purchaserpurchaser/s herein has/has/ have made full payment of the agreed agrees consideration, the additional Additional payments and deposits. c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, assignment disposal or alienation. 7.2 After completion of the execution and registration of o the Deed of Conveyance conveyance unto and in favour of the Purchaserpurchaser/s herein, herein the Purchaser/s herein may deal with or dispose of or the alienate the said Unit/Flat in lawful manner and subject to the following conditions: a) The said Unit/s/Flat/s/s/ Car Parking parking Space/s and otherOther/s be one lot and shall not be partitioned or dismembered in parts. In , in case of salesake, alienation, transfer, demise, demise and grant of the said Unit/s/Flat/s/Car Parking s/ Car-parking Space/s/ s and otherOther/s unto and in favour of more than one buyer, buyer the same shall be done in their favour favor jointly and in undivided shares. b) The transferTransfer, sell, grant, demise, demise and sale of the said Unit/s/s / Flat/s/Car Parking s Car-parking Space/s/ s and Otherother/s by the Purchaserpurchaser/s herein shall not be in any manner inconsistent with this Agreement and/or agreement and / or the Deed of Conveyance and the covenants contained herein and/or and / or to be contained in the Deed deed of Conveyance conveyance shall run with the land and/or and / or transfer and shall be self-self - same manners and nature. The person(s, the Person (s) to whom the Purchaserpurchaser/s may transfer/ transfer / alienate the said Unit/s/Flatflat/s/Car Parking Space/s and Otherother/s shall be made bound by the same terms, terms and conditions, covenants, stipulations, undertakings undertakings, and obligations as applicable to the Purchaserpurchaser/s herein by law and/or and / or by virtue of this Agreement and/or agreement and / or the proposed necessary Deed deed of Conveyanceconveyance. c) All the dues including outstanding amounts, interest, maintenance charges, electricity charges, municipal and other taxes etc. relating to the said Unitunit/s payable to the Developer-Vendor Developer herein, the maintenance Agency, the Association The association and the Municipality Municipality/Corporation are paid by the Purchaser/s in full prior to the proposed transfer/transfer / alienation. Such dues, if any shall in any event, run with such proposed transfer.