MISCELANEOUS. 38.1 Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Apartment or any part thereof. The Allottee shall have no claim, save and except in respect of the Apartment hereby agreed to be sold to him/her/it, and all open spaces, parking spaces, lobbies, staircases, terraces and recreational spaces shall remain the property of the Promoter until the same is transferred as hereinbefore mentioned. 38.2 Prior to registration of the Conveyance Deed for the Apartment, no assignment, sublease or alienation of interest in the Apartment in full or in part, shall be permitted or recognized by the Promoter except upon payment of a transfer fee @ 5% (five percent) of the Total Consideration or the consideration for such transfer, whichever is higher plus applicable taxes, to the Promoter, provided that the Allottee has cleared all his/her dues together with interest thereon, if any, payable till the date of such proposed transfer with respect to the Apartment. Such transfer shall be subject to due diligence, approval and written acceptance of the profile of the intended transferee by the Promoter before the transfer request can be processed. Provided further that no transfer fee is payable in case of transfer to the spouse or child or parents of the Allottee or in case of joint allottees transfer by the first allottee in favour of the second allottee. or vice versa It is further clarified that inclusion of a new joint allottee or change of a joint allottee shall be treated as a transfer unless such joint allottee is the spouse or child or parent of the original allottee. Such transfer shall be on the execution and registration of an agreement for sale by the transferee and the Promoter, the costs for which shall be borne by the transferee. 38.3 It is hereby clarified that stamp duty, registration fee and mutation charges shall not be included in the Total Consideration and the same shall be paid by the Allottee as per actuals. Further, at the time of handover of possession of the Apartment, the Allottee shall pay to the Promoter a documentation charge/legal fee of Rs. 7,500/- for two bedroom unit and Rs.10,000/- for three bedroom apartment. 38.4 On dishonour of a cheque on any ground whatsoever, the payment for such amount shall be made by the Allottee by a demand draft/ pay order and the Allottee shall be liable to pay to the Promoter a charge of INR 500 (Indian Rupees five hundred) for every such dishonour. 38.5 The Promoter shall not entertain any request for modification in the internal layouts, fittings/ floorings etc. of the Apartment or in the exterior facade of the Building. No reimbursement or deduction in consideration of the Apartment shall be made by the Promoter in case the Allottee is desirous (with prior written approval of the Promoter) of doing any work/ installing different fittings /floorings etc. within the Apartment, at its own cost and expense. Further, the Allottee shall not make any permanent or temporary construction in the Apartment without obtaining the prior written permission of the Promoter. 38.6 The actual date on which the Allottee takes possession of the Apartment, or, the 60th day from the date of notice by the Promoter to take possession, whichever is earlier, shall hereinafter be referred to as the “Possession Date”. 38.7 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee as agreed herein, at the cost of the Allottee. 38.8 In case the Allottee fails to take possession of the Apartment within the time period specified in this agreement, the allottee shall pay to the Promoter 0.5% (zero decimal five percent) of the consideration for each month of delay in taking possession as holding charges. 38.9 With reference to defect liability as specified in clause 12 herein above it is agreed that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect. 39.10 Notwithstanding anything stated hereinabove, the Promoter shall not be liable for defects pertaining to the following: (a) Equipment (including but not limited to, lifts, generators, motors, sewerage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a limited period; (b) Fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear; (c) Allowable structural and other deformations including expansion quotient; and (d) Works such as painting, which are subject to wear and tear. 38.11 Notwithstanding anything to the contrary stated herein, it is hereby clarified that upon termination or cancellation of this Agreement for any reason whatsoever, the Allottee shall execute such documentation, as may be reasonably requested by the Promoter, at the Allottee’s cost and expense. 38.12 It is hereby clarified that the Promoter shall not be held liable, in any manner whatsoever, for any delay in receipt/non-receipt of any refund by the Allottee due to, any delay by the Indian postal authority or due to a change in address of the Allottee (save as provided in this Agreement) or loss in transit. ALL THAT piece and/or parcel of land measuring about 4.56 Acres comprised in LR Dag No.7884 corresponding to R.S..Dag No . 2755, ▇.▇. ▇▇▇▇▇▇▇ No. 2645 & ▇▇▇▇ , ▇.▇. Khatian No. 6463, Touzi No. 7 (formerly 399) within Mouza. ▇▇▇▇▇▇▇▇, ▇.▇. No 52 , Holding No.2. NH 34 under Police Station Kotwali within the Municipal Limits of Krishnanagar Municipality ▇▇▇▇ No.17 (formerly 16), District – Nadia, West Bengal. The said land is delineated and demarcated in red colour in plan annexed hereto as Annexure – A and butted and bounded as follows: NORTH: Mother Dairy SOUTH: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road EAST: Residential Buildings WEST: NH 34 ALL THAT piece and parcel of land admeasuring 30 cottah 35 chittack equivalent to 2009.97 square meters (be the same a little more or less) being part of Entire Land described First Schedule herein above and is delineated and demarcated in green colour in plan annexed hereto as Annexure – A. Butted and bounded as follows: On the North : On the South : On the East : On the West : ALL THAT Apartment No. [•] on [•] floor of the Krishnagar Sentrum Tower/Block 3 having Carpet Area of [•] square feet, exclusive Balcony having an area of [•] square feet and exclusive Terrace area of [•] square feet and Super Built Up Area of [•] square feet, comprising of [•] Bedroom, [•] Kitchen, [•] Bathroom, living cum dining, [•] exclusive balcony, exclusive terrace and [•] servant room and toilet (if any), together with a pro rata share in the Common Areas as described in the Fourth Schedule to this Agreement. The floor plan of the Apartment is delineated and demarcated in red colour in plan annexed hereto as Annexure – B. [[•] four-▇▇▇▇▇▇▇/two-▇▇▇▇▇▇▇ parking space] admeasuring approximately [•] square feet on the ground floor. 1. The said land. 2. Main lobby on the ground floor of Tower III. 3. All elevators and staircases. 4. All lift and stair lobbies for each floor. 5. All plant and machinery areas (DG Set area, STP area, Transformer area, underground water tanks, overhead water tanks, pump rooms, maintenance and service rooms, firefighting pumps and equipment some of which are shared with other buildings with the Complex). 6. All Drive way. 7. All common landscaped area. 8. Landscaped garden (common for the Complex). The expenses of the Common areas will be proportionately shared by the Allottes of Apartments within the Project as follows: 1. The expenses for maintenance, operation, and renovation of infrastructures of Common areas and Portions of the Project. 2. The expenses shall, inter-alia, include the following:
Appears in 1 contract
Sources: Sale Agreement
MISCELANEOUS. 38.1 Nothing contained in this Agreement is intended to be nor shall be construed as a lease, grant, demise or assignment in law, of the said Apartment or any part thereof. The Allottee shall have no claim, save and except in respect of the Apartment hereby agreed to be sold leased to him/her/it, and all open spaces, parking spaces, lobbies, staircases, terraces and recreational spaces shall remain the property of the Lessor/Promoter until the same is transferred as hereinbefore mentioned.
38.2 Prior to registration of the Conveyance Lease Deed for the Apartment, no assignment, sublease or alienation of interest in the Apartment in full or in part, shall be permitted or recognized by the Promoter or the Lessor except upon payment of a transfer fee @ 5% (five percent) of the Total Consideration or the consideration for such transfer, whichever is higher plus applicable taxes, to the Promoter, provided that the Allottee has cleared all his/her dues together with interest thereon, if any, payable till the date of such proposed transfer with respect to the Apartment. Such transfer shall be subject to due diligence, approval and written acceptance of the profile of the intended transferee by the Promoter before the transfer request can be processed. Provided further that no transfer fee is payable in case of transfer to the spouse or child or parents of the Allottee or in case of joint allottees transfer by the first one allottee in favour of the second other allottee. or vice versa It is further clarified that inclusion of a new joint allottee or change of a joint allottee shall be treated as a transfer unless such joint allottee is the spouse or child or parent of the original allottee. Such transfer shall be on the execution and registration of an agreement for sale to lease by the transferee transferee, the Promoter and the PromoterLessor, the costs for which shall be borne by the transferee. For the avoidance of doubt, it is hereby clarified that, after execution and registration of a Lease Deed for the Apartment and during the Lease Term, the Allottee shall only be entitled to transfer his/her/its leasehold right and interest in the said Apartment in such manner as provided in the said ▇▇▇▇▇ ▇▇▇▇.
38.3 It is hereby clarified that stamp duty, registration fee and mutation charges shall not be included in the Total Consideration and the same shall be paid by the Allottee as per actuals. Further, at the time of handover of possession of the Apartment, the Allottee shall pay to the Promoter a documentation charge/legal fee of Rs. 7,500/- for upto two bedroom unit and Rs.10,000/- Rs. 10,000/- for three bedroom apartmentunit.
38.4 On dishonour of a cheque on any ground whatsoever, the payment for such amount shall be made by the Allottee by a demand draft/ pay order and the Allottee shall be liable to pay to the Promoter a charge of INR 500 (Indian Rupees five hundred) for every such dishonour.
38.5 In addition to the Total Consideration, the Allottee shall also pay ground rent calculated at the rate of Re 1.50 (One Rupee and fifty paise) per square feet of the Carpet Area of the Apartment (“Ground Rent”) for the entire Lease Term payable from the year of possession or the execution of Lease Deed whichever is earlier. At the time of possession, the Allottee shall pay in advance the ground rent for three years to the Promoter. The Allottee hereby agrees and acknowledges that the rate at which the said ground rent is payable shall be subject to revision in accordance with the policies of the Lessor and/or Promoter from time to time. In the event of default in payment of the Ground Rent or any part thereof for a period of 60 (sixty) days from the date the same is due, the Promoter/ Lessor may, at its sole discretion, terminate the Lease after giving the Lessee a time of 60 (sixty) days to rectify such breach. After the expiry of the said 60 (Sixty) days, if the Lessee has still failed to rectify the breach, the Promoter/Lessor shall further issue a notice to the Lessee calling upon the Lessee to remedy the breach. In the event that the Lessee fails to rectify the breach within 15 (fifteen) days of receiving the notice from the Lessor or the Promoter then the Promoter/ Lessor, in addition to or in the alternative to any other remedy that may be available to it at its discretion, be at liberty to terminate the Lease. The Promoter/Lessor may opt to condone the delay provided the Lessee pays the Ground Rent along with interest at the rate imposed by the Lessor/ Promoter per annum from the date of default till the date of payment.
38.6 The Promoter shall not entertain any request for modification in the internal layouts, fittings/ floorings etc. of the Apartment or in the exterior facade of the Building. No reimbursement or deduction in consideration of the Apartment shall be made by the Promoter in case the Allottee is desirous (with prior written approval of the Promoter) of doing any work/ installing different fittings /floorings etc. within the Apartment, at its own cost and expense. Further, the Allottee shall not make any permanent or temporary construction in the Apartment without obtaining the prior written permission of the Promoter.
38.6 38.7 The actual date on which the Allottee takes possession of the Apartment, or, the 60th day from the date of notice by the Promoter to take possession, whichever is earlier, shall hereinafter be referred to as the “Possession Date”.
38.7 38.8 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee as agreed hereinin respect of the Apartment, at the cost of the Allottee.
38.8 38.9 In case the Allottee fails to take possession of the Apartment within the time period specified in this agreement, the allottee shall pay to the Promoter 0.5% (zero decimal five percent) of the consideration for each month of delay in taking possession as holding charges.
38.9 38.10 With reference to defect liability as specified in clause 12 herein above it is agreed that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.
39.10 39.11 Notwithstanding anything stated hereinabove, the Promoter shall not be liable for defects pertaining to the following:
(a) Equipment (including but not limited to, lifts, generators, motors, sewerage treatment plants, transformers and gym equipment(if any)) which carry manufacturer’s guarantees for a limited period;
(b) Fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear;
(c) Allowable structural and other deformations including expansion quotient; and
(d) Works such as painting, which are subject to wear and tear.
38.11 Notwithstanding anything to the contrary stated herein, it is hereby clarified that upon termination 38.12 Upon withdrawal or cancellation of this Agreement for any reason whatsoever, allotment by the Allottee shall execute such documentationunder this Agreement, as may be reasonably requested by the Promoter, at the Allottee’s cost and expense.
38.12 It is hereby clarified that the Promoter shall not be held liable, have the right to re-allot the Apartment to any third party thereafter and the prior allotment in any manner whatsoever, for any delay in receipt/non-receipt of any refund by the Allottee due to, any delay by the Indian postal authority or due to a change in address favour of the Allottee (save as provided in this Agreement) or loss in transitwill stand cancelled. ALL THAT piece and/or parcel of land measuring about 4.56 Acres comprised in LR Dag No.7884 corresponding to R.S..Dag No . 2755, ▇.▇. ▇▇▇▇▇▇▇ No. 2645 & ▇▇▇▇ , ▇.▇. Khatian No. 6463, Touzi No. 7 (formerly 399) within Mouza. ▇▇▇▇▇▇▇▇, ▇.▇. No 52 , Holding No.2. NH 34 under Police Station Kotwali within the Municipal Limits of Krishnanagar Municipality ▇▇▇▇ No.17 (formerly 16), District – Nadia, West Bengal. The said land is delineated and demarcated in red colour in plan annexed hereto as Annexure – A and butted and bounded as follows: NORTH: Mother Dairy SOUTH: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road EAST: Residential Buildings WEST: NH 34 ALL THAT piece and parcel of land admeasuring 30 cottah 35 chittack equivalent to 2009.97 square meters (be the same a little more or less) being part of Entire Land described First Schedule herein above and is delineated and demarcated in green colour in plan annexed hereto as Annexure – A. Butted and bounded as follows: On the North : On the South : On the East : On the West : ALL THAT Apartment No. [•] on [•] floor All rights of the Krishnagar Sentrum Tower/Block 3 having Carpet Area of [•] square feet, exclusive Balcony having an area of [•] square feet and exclusive Terrace area of [•] square feet and Super Built Up Area of [•] square feet, comprising of [•] Bedroom, [•] Kitchen, [•] Bathroom, living cum dining, [•] exclusive balcony, exclusive terrace and [•] servant room and toilet (if any), together with a pro rata share in the Common Areas as described in the Fourth Schedule to Allottee under any allotment letter issued or this Agreement. The floor plan of the Apartment is delineated and demarcated in red colour in plan annexed hereto as Annexure – B. [[•] four-▇▇▇▇▇▇▇/two-▇▇▇▇▇▇▇ parking space] admeasuring approximately [•] square feet on the ground floorAgreement shall also stand terminated.
1. The said land.
2. Main lobby on the ground floor of Tower III.
3. All elevators and staircases.
4. All lift and stair lobbies for each floor.
5. All plant and machinery areas (DG Set area, STP area, Transformer area, underground water tanks, overhead water tanks, pump rooms, maintenance and service rooms, firefighting pumps and equipment some of which are shared with other buildings with the Complex).
6. All Drive way.
7. All common landscaped area.
8. Landscaped garden (common for the Complex). The expenses of the Common areas will be proportionately shared by the Allottes of Apartments within the Project as follows:
1. The expenses for maintenance, operation, and renovation of infrastructures of Common areas and Portions of the Project.
2. The expenses shall, inter-alia, include the following:
Appears in 1 contract
Sources: Lease Agreement
MISCELANEOUS. 38.1 Nothing contained in this Agreement is intended to be nor shall be construed as a lease, grant, demise or assignment in law, of the said Apartment or any part thereof. The Allottee shall have no claim, save and except in respect of the Apartment hereby agreed to be sold leased to him/her/it, and all open spaces, parking spaces, lobbies, staircases, terraces and recreational spaces shall remain the property of the Lessor/Promoter until the same is transferred as hereinbefore mentioned.
38.2 Prior to registration of the Conveyance Lease Deed for the Apartment, no assignment, sublease or alienation of interest in the Apartment in full or in part, shall be permitted or recognized by the Promoter or the Lessor except upon payment of a transfer fee @ 5% (five percent) of the Total Consideration or the consideration for such transfer, whichever is higher plus applicable taxes, to the Promoter, provided that the Allottee has cleared all his/her dues together with interest thereon, if any, payable till the date of such proposed transfer with respect to the Apartment. Such transfer shall be subject to due diligence, approval and written acceptance of the profile of the intended transferee by the Promoter before the transfer request can be processed. Provided further that no transfer fee is payable in case of transfer to the spouse or child or parents of the Allottee or in case of joint allottees transfer by the first allottee in favour of the second allottee. or vice versa It is further clarified that inclusion of a new joint allottee or change of a joint allottee shall be treated as a transfer unless such joint allottee is the spouse or child or parent of the original allottee. Such transfer shall be on the execution and registration of an agreement for sale to lease by the transferee transferee, the Promoter and the PromoterLessor, the costs for which shall be borne by the transferee. For the avoidance of doubt, it is hereby clarified that, after execution and registration of a Lease Deed for the Apartment and during the Lease Term, the Allottee shall only be entitled to transfer his/her/its leasehold right and interest in the said Apartment in such manner as provided in the said Lease Deed.
38.3 It is hereby clarified that stamp duty, registration fee and mutation charges shall not be included in the Total Consideration and the same shall be paid by the Allottee as per actuals. Further, at the time of handover of possession of the Apartment, the Allottee shall pay to the Promoter a documentation charge/legal fee of Rs. 7,500/- 10,000/- for two bedroom unit and Rs.10,000/- Rs. 15,000/- for three bedroom apartmentunit.
38.4 On dishonour of a cheque on any ground whatsoever, the payment for such amount shall be made by the Allottee by a demand draft/ pay order and the Allottee shall be liable to pay to the Promoter a charge of INR 500 (Indian Rupees five hundred) for every such dishonour.
38.5 In addition to the Total Consideration, the Allottee shall also pay to the Lessor, an annual rent at the rate of Re 1 (One Rupee) per square feet of the Super Built Up Area of the Apartment (“Ground Rent”) for the entire Lease Term payable from the year of possession or the execution of Lease Deed whichever is earlier. The Allottee hereby agrees and acknowledges that the rate at which the said ground rent is payable shall be subject to revision in accordance with the policies of the Lessor from time to time. In the event of default in payment of the Ground Rent or any part thereof as provided herein, the Allottee shall be liable to pay, in addition to the arrear in rent, interest at the rate of 10% (ten percent) per annum on the amount of Ground Rent in arrear, from the date of default till the date of payment, and the arrear along with interest payable thereon shall be realisable as a public demand under the Bengal Public Demand Recovery Act, 1913 or any statutory modification thereof for the time being in force. The Ground Rent shall be payable by the Allottee in such manner as may be notified by the Lessor to the Allottee from time to time.
38.6 The Promoter shall not entertain any request for modification in the internal layouts, fittings/ floorings etc. of the Apartment or in the exterior facade of the Building. No reimbursement or deduction in consideration of the Apartment shall be made by the Promoter in case the Allottee is desirous (with prior written approval of the Promoter) of doing any work/ installing different fittings /floorings etc. within the Apartment, at its own cost and expense. Further, the Allottee shall not make any permanent or temporary construction in the Apartment without obtaining the prior written permission of the Promoter.
38.6 38.7 The actual date on which the Allottee takes possession of the Apartment, or, the 60th day from the date of notice by the Promoter to take possession, whichever is earlier, shall hereinafter be referred to as the “Possession Date”.
38.7 38.8 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee as agreed hereinin respect of the Apartment, at the cost of the Allottee.
38.8 38.9 In case the Allottee fails to take possession of the Apartment within the time period specified in this agreement, the allottee shall pay to the Promoter 0.5% (zero decimal five percent) of the consideration for each month of delay in taking possession as holding charges.
38.9 38.10 With reference to defect liability as specified in clause 12 herein above it is agreed that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.
39.10 39.11 Notwithstanding anything stated hereinabove, the Promoter shall not be liable for defects pertaining to the following:
(a) Equipment (including but not limited to, lifts, generators, motors, sewerage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a limited period;
(b) Fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear;
(c) Allowable structural and other deformations including expansion quotient; and
(d) Works such as painting, which are subject to wear and tear.
38.11 38.12 Notwithstanding anything to the contrary stated herein, it is hereby clarified that upon termination or cancellation of this Agreement for any reason whatsoever, the Allottee shall execute such documentation, as may be reasonably requested by the Promoter, at the Allottee’s cost and expense.
38.12 38.13 It is hereby clarified that the Promoter shall not be held liable, in any manner whatsoever, for any delay in receipt/non-receipt of any refund by the Allottee due to, any delay by the Indian postal authority or due to a change in address of the Allottee (save as provided in this Agreement) or loss in transit. ALL THAT piece and/or parcel of land measuring about 4.56 Acres comprised in LR Dag No.7884 corresponding total an area of 89.67 (Eighty Nine point six seven) Acres, more or less comprising of C.S. Plot No. 1709(P), 1711, 1712(P), 1713 to R.S..Dag No . 27551728, 1977 and 1978 of Mouza – Ganrui, ▇.▇. ▇▇▇▇▇▇▇ No. 2645 & ▇▇▇▇ 12, and Plot Nos. 389(P), 391(P), 392(P), 388(P), 395(P), and 396 Mouza – Gobindapur, ▇.▇. Khatian No. 646318, Touzi Noand Plot Nos. 7 (formerly 399) within Mouza. ▇▇▇▇▇▇▇▇368 Mouza – Gopalpur, ▇.▇. No 52 No. 10 and Plot Nos. 3 to 5, Holding No.2. NH 34 under Police Station Kotwali within the Municipal Limits of Krishnanagar Municipality ▇▇▇▇ No.17 (formerly 167,7/519,7/520, 7/521, 7/522, 7/523, 7/524, 7/525, 7/526/ 7/527, 8 to 11, 12(P), District – Nadia, West Bengal. The said land is delineated and demarcated in red colour in plan annexed hereto as Annexure – A and butted and bounded as follows: NORTH: Mother Dairy SOUTH: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road EAST: Residential Buildings WEST: NH 34 ALL THAT piece and parcel of land admeasuring 30 cottah 35 chittack equivalent to 2009.97 square meters (be the same a little more or less) being part of Entire Land described First Schedule herein above and is delineated and demarcated in green colour in plan annexed hereto as Annexure – A. Butted and bounded as follows: On the North : On the South : On the East : On the West : ALL THAT Apartment No. [•] on [•] floor of the Krishnagar Sentrum Tower/Block 3 having Carpet Area of [•] square feet, exclusive Balcony having an area of [•] square feet and exclusive Terrace area of [•] square feet and Super Built Up Area of [•] square feet, comprising of [•] Bedroom, [•] Kitchen, [•] Bathroom, living cum dining, [•] exclusive balcony, exclusive terrace and [•] servant room and toilet (if any13(P), together with a pro rata share in the Common Areas as described in the Fourth Schedule to this Agreement. The floor plan of the Apartment is delineated and demarcated in red colour in plan annexed hereto as Annexure – B. [[•] four-▇▇▇▇▇▇▇/two-▇▇▇▇▇▇▇ parking space] admeasuring approximately [•] square feet on the ground floor.
1. The said land.
2. Main lobby on the ground floor of Tower III.
3. All elevators and staircases.
4. All lift and stair lobbies for each floor.
5. All plant and machinery areas (DG Set area15(P), STP area16(P), Transformer area17(P), underground water tanks18(P), overhead water tanks19, pump rooms19/390, maintenance and service rooms19/393, firefighting pumps and equipment some of which are shared with other buildings with the Complex19/394, 19/395, 19/396, 19/397(P).
6. All Drive way.
7. All common landscaped area.
8. Landscaped garden (common for the Complex). The expenses of the Common areas will be proportionately shared by the Allottes of Apartments within the Project as follows:
1. The expenses for maintenance, operation19/399, and renovation of infrastructures of Common areas and Portions of the Project.
2. The expenses shall, inter-alia, include the following:20,
Appears in 1 contract
Sources: Lease Agreement
MISCELANEOUS. 38.1 Nothing contained in this Agreement is intended to be nor shall be construed as a lease, grant, demise or assignment in law, of the said Apartment or any part thereof. The Allottee shall have no claim, save and except in respect of the Apartment hereby agreed to be sold leased to him/her/it, and all open spaces, parking spaces, lobbies, staircases, terraces and recreational spaces shall remain the property of the Lessor/Promoter until the same is transferred as hereinbefore mentioned.
38.2 Prior to registration of the Conveyance Lease Deed for the Apartment, no assignment, sublease or alienation of interest in the Apartment in full or in part, shall be permitted or recognized by the Promoter or the Lessor except upon payment of a transfer fee @ 5% (five percent) of the Total Consideration or the consideration for such transfer, whichever is higher plus applicable taxes, to the Promoter, provided that the Allottee has cleared all his/her dues together with interest thereon, if any, payable till the date of such proposed transfer with respect to the Apartment. Such transfer shall be subject to due diligence, approval and written acceptance of the profile of the intended transferee by the Promoter before the transfer request can be processed. Provided further that no transfer fee is payable in case of transfer to the spouse or child or parents of the Allottee or in case of joint allottees transfer by the first allottee in favour of the second allottee. or vice versa It is further clarified that inclusion of a new joint allottee or change of a joint allottee shall be treated as a transfer unless such joint allottee is the spouse or child or parent of the original allottee. Such transfer shall be on the execution and registration of an agreement for sale to lease by the transferee transferee, the Promoter and the PromoterLessor, the costs for which shall be borne by the transferee. For the avoidance of doubt, it is hereby clarified that, after execution and registration of a Lease Deed for the Apartment and during the Lease Term, the Allottee shall only be entitled to transfer his/her/its leasehold right and interest in the said Apartment in such manner as provided in the said Lease Deed.
38.3 It is hereby clarified that stamp duty, registration fee and mutation charges shall not be included in the Total Consideration and the same shall be paid by the Allottee as per actuals. Further, at the time of handover of possession of the Apartment, the Allottee shall pay to the Promoter a documentation charge/legal fee of Rs. 7,500/- for two bedroom unit and Rs.10,000/- Rs. 10,000/- for three bedroom apartmentunit.
38.4 On dishonour of a cheque on any ground whatsoever, the payment for such amount shall be made by the Allottee by a demand draft/ pay order and the Allottee shall be liable to pay to the Promoter a charge of INR 500 (Indian Rupees five hundred) for every such dishonour.
38.5 In addition to the Total Consideration, the Allottee shall also pay to the Lessor, an annual rent at the rate of Re 1 (One Rupee) per square feet of the Super Built Up Area of the Apartment (“Ground Rent”) for the entire Lease Term payable from the year of possession or the execution of Lease Deed whichever is earlier. The Allottee hereby agrees and acknowledges that the rate at which the said ground rent is payable shall be subject to revision in accordance with the policies of the Lessor from time to time. In the event of default in payment of the Ground Rent or any part thereof as provided herein, the Allottee shall be liable to pay, in addition to the arrear in rent, interest at the rate of 10% (ten percent) per annum on the amount of Ground Rent in arrear, from the date of default till the date of payment, and the arrear along with interest payable thereon shall be realisable as a public demand under the Bengal Public Demand Recovery Act, 1913 or any statutory modification thereof for the time being in force. The Ground Rent shall be payable by the Allottee in such manner as may be notified by the Lessor to the Allottee from time to time.
38.6 The Promoter shall not entertain any request for modification in the internal layouts, fittings/ floorings etc. of the Apartment or in the exterior facade of the Building. No reimbursement or deduction in consideration of the Apartment shall be made by the Promoter in case the Allottee is desirous (with prior written approval of the Promoter) of doing any work/ installing different fittings /floorings etc. within the Apartment, at its own cost and expense. Further, the Allottee shall not make any permanent or temporary construction in the Apartment without obtaining the prior written permission of the Promoter.
38.6 38.7 The actual date on which the Allottee takes possession of the Apartment, or, the 60th day from the date of notice by the Promoter to take possession, whichever is earlier, shall hereinafter be referred to as the “Possession Date”.
38.7 38.8 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee as agreed hereinin respect of the Apartment, at the cost of the Allottee.
38.8 38.9 In case the Allottee fails to take possession of the Apartment within the time period specified in this agreement, the allottee shall pay to the Promoter 0.5% (zero decimal five percent) of the consideration for each month of delay in taking possession as holding charges.
38.9 38.10 With reference to defect liability as specified in clause 12 herein above it is agreed that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.
39.10 39.11 Notwithstanding anything stated hereinabove, the Promoter shall not be liable for defects pertaining to the following:
(a) Equipment (including but not limited to, lifts, generators, motors, sewerage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a limited period;
(b) Fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear;
(c) Allowable structural and other deformations including expansion quotient; and
(d) Works such as painting, which are subject to wear and tear.
38.11 38.12 Notwithstanding anything to the contrary stated herein, it is hereby clarified that upon termination or cancellation of this Agreement for any reason whatsoever, the Allottee shall execute such documentation, as may be reasonably requested by the Promoter, at the Allottee’s cost and expense.
38.12 38.13 It is hereby clarified that the Promoter shall not be held liable, in any manner whatsoever, for any delay in receipt/non-receipt of any refund by the Allottee due to, any delay by the Indian postal authority or due to a change in address of the Allottee (save as provided in this Agreement) or loss in transit. ALL THAT piece and/or parcel of land measuring about 4.56 Acres comprised in LR Dag No.7884 corresponding total an area of 89.67 (Eighty Nine point six seven) Acres, more or less comprising of C.S. Plot No. 1709(P), 1711, 1712(P), 1713 to R.S..Dag No . 27551728, 1977 and 1978 of Mouza – Ganrui, ▇.▇. ▇▇▇▇▇▇▇ No. 2645 & ▇▇▇▇ 12, and Plot Nos. 389(P), 391(P), 392(P), 388(P), 395(P), and 396 Mouza – Gobindapur, ▇.▇. Khatian No. 646318, Touzi Noand Plot Nos. 7 (formerly 399) within Mouza. ▇▇▇▇▇▇▇▇368 Mouza – Gopalpur, ▇.▇. No 52 No. 10 and Plot Nos. 3 to 5, Holding No.2. NH 34 under Police Station Kotwali within the Municipal Limits of Krishnanagar Municipality ▇▇▇▇ No.17 (formerly 167,7/519,7/520, 7/521, 7/522, 7/523, 7/524, 7/525, 7/526/ 7/527, 8 to 11, 12(P), District – Nadia, West Bengal. The said land is delineated and demarcated in red colour in plan annexed hereto as Annexure – A and butted and bounded as follows: NORTH: Mother Dairy SOUTH: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road EAST: Residential Buildings WEST: NH 34 ALL THAT piece and parcel of land admeasuring 30 cottah 35 chittack equivalent to 2009.97 square meters (be the same a little more or less) being part of Entire Land described First Schedule herein above and is delineated and demarcated in green colour in plan annexed hereto as Annexure – A. Butted and bounded as follows: On the North : On the South : On the East : On the West : ALL THAT Apartment No. [•] on [•] floor of the Krishnagar Sentrum Tower/Block 3 having Carpet Area of [•] square feet, exclusive Balcony having an area of [•] square feet and exclusive Terrace area of [•] square feet and Super Built Up Area of [•] square feet, comprising of [•] Bedroom, [•] Kitchen, [•] Bathroom, living cum dining, [•] exclusive balcony, exclusive terrace and [•] servant room and toilet (if any13(P), together with a pro rata share in the Common Areas as described in the Fourth Schedule to this Agreement. The floor plan of the Apartment is delineated and demarcated in red colour in plan annexed hereto as Annexure – B. [[•] four-▇▇▇▇▇▇▇/two-▇▇▇▇▇▇▇ parking space] admeasuring approximately [•] square feet on the ground floor.
1. The said land.
2. Main lobby on the ground floor of Tower III.
3. All elevators and staircases.
4. All lift and stair lobbies for each floor.
5. All plant and machinery areas (DG Set area15(P), STP area16(P), Transformer area17(P), underground water tanks18(P), overhead water tanks19, pump rooms19/390, maintenance and service rooms19/393, firefighting pumps and equipment some of which are shared with other buildings with the Complex19/394, 19/395, 19/396, 19/397(P).
6. All Drive way.
7. All common landscaped area.
8. Landscaped garden (common for the Complex, 19/399, 20, 20/402, 21(P). The expenses of the Common areas will be proportionately shared by the Allottes of Apartments within the Project as follows:
1. The expenses for maintenance, operation, and renovation of infrastructures of Common areas and Portions of the Project.
2. The expenses shall, inter-alia, include the following:,
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Sources: Lease Agreement