Common use of Failure of Allottee to take Possession of Unit Clause in Contracts

Failure of Allottee to take Possession of Unit. Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee shall within the time stipulated by the Promoter in the notice offering possession,take possession of the said Unit from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall, after satisfactory execution of such documents and payment by Allottee(s) of all the dues and subject to the Allottee(s) having complied with all the terms and conditions of this Agreement and allottee not being in default under any of the provisions of this Agreement and has complied with all provisions and formalities, give possession of the said Unit to the allottee. In case the Allottee fails to take possession within the time provided in para 7.2, such Allottee shall continue to be liable to pay maintenance charges as specified in para 7.2. If the Allottee(s) fails to take over the said Unit as aforesaid within the time limit prescribed by the Promoter in its notice, the said Unit shall lie at the risk and cost of the Allottee(s) and the Promoter shall have no liability or concern thereof. Further, in the event of his failure to take possession for any reasons whatsoever, he shall be deemed to have taken the possession of the said Unit on expiry of 30 days of offer of possession for the purpose of payment of maintenance charges or any other taxes, levies, outflows on account of the said Unit or for any other purpose. Further, the Promoter shall not be responsible for any loss or damage to the fittings and fixtures in the said Unit on account of the Allottee(s) not taking possession of the Unit, as specified hereinabove.

Appears in 1 contract

Sources: Sale Agreement

Failure of Allottee to take Possession of Unit. Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee shall within the time stipulated by the Promoter in the notice offering possession,, take possession of the said Unit from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall, after satisfactory execution of such documents and payment by Allottee(s) of all the dues and subject to the Allottee(s) having complied with all the terms and conditions of this Agreement and allottee not being in default under any of the provisions of this Agreement and has complied with all provisions and formalities, give possession of the said Unit to the allottee. In case the Allottee fails to take possession within the time provided in para 7.2, such Allottee shall continue to be liable to pay maintenance charges as specified in para 7.2. If 7.2If the Allottee(s) fails to take over the said Unit as aforesaid within the time limit prescribed by the Promoter in its notice, the said Unit shall lie at the risk and cost of the Allottee(s) and the Promoter shall have no liability or concern thereof. Further, in the event of his failure to take possession for any reasons whatsoever, he shall be deemed to have taken the possession of the said Unit on expiry of 30 days of offer of possession for the purpose of payment of maintenance charges or any other taxes, levies, outflows on account of the said Unit or for any other purpose. Further, the Promoter shall not be responsible for any loss or damage to the fittings and fixtures in the said Unit on account of the Allottee(s) not taking possession of the Unit, as specified hereinabove.

Appears in 1 contract

Sources: Sale Agreement

Failure of Allottee to take Possession of Unit. Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee shall within the time stipulated by the Promoter in the notice offering possession,take possession of the said Unit UNIT from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall, after satisfactory execution of such documents and payment by Allottee(s) of all the dues and subject to the Allottee(s) having complied with all the terms and conditions of this Agreement and allottee not being in default under any of the provisions of this Agreement and has complied with all provisions and formalities, shall give possession of the said Unit UNIT to the allotteeAllottee. In case the Allottee fails to take possession within the time provided in para 7.2, 7.2 such Allottee shall continue to be liable to pay maintenance charges as specified in para 7.27.2 from such date as notified in the Possession Notice. If (Deemed Possession). It is understood by the Allottee(s) Allottee that even if the Allottee fails to take over possession of the said Unit as aforesaid UNIT within the time limit prescribed date such possession is offered by the Promoter in its noticePromoter, the said Unit Allottee shall lie be deemed to have taken possession on the [15th ] day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the UNIT, will be deemed to be the possession ▇▇▇▇ (“Possession Date”). On and from the Possession Date: (i) The UNIT shall be at the sole risk and cost of the Allottee(s) Allottee and the Promoter shall have no liability or concern thereof. Further; (ii) The Allottee shall become liable to pay the Maintenance Charges in respect of the UNIT and the Common Areas on and from the Possession Date; (iii) All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the event of his failure to take possession for any reasons whatsoever, he Common Areas shall be deemed paid and borne by the Allottee proportionate to have taken his interest therein and those relating only to the possession UNIT shall be borne solely and conclusively by the Allottee, with effect from the Possession Date. (iv) All other expenses necessary and incidental to the management and maintenance of the said Unit on expiry of 30 days of offer of possession for the purpose of payment of maintenance charges or any other taxes, levies, outflows on account of the said Unit or for any other purpose. Further, the Promoter shall not be responsible for any loss or damage to the fittings and fixtures in the said Unit on account of the Allottee(s) not taking possession of the Unit, as specified hereinaboveProject.

Appears in 1 contract

Sources: Sale Agreement