Common use of POSSESSION OF THE APARTMENT/PLOT Clause in Contracts

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee at the time of conveyance of the same.

Appears in 2 contracts

Sources: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment Duplex - The Promoter agrees and understands that timely delivery of possession of the Apartment Duplex to the Allottee allottee and the common areas to the association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment Duplex along with ready and complete common areas with all specifications, amenities and facilities of the project in place on ▇▇▇▇▇▇▇ Divine City Project, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]Duplex, provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the ApartmentDuplex, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allotteesallottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotDuplex, as the case may be, to the Allottee allottee at the time of conveyance of the same.

Appears in 2 contracts

Sources: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - of Plot – The Promoter agrees and understands that timely delivery of possession of the Apartment Apartment/ Plot to the Allottee and the common areas to the association of Allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the Apartment Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on 31-07-2023 -- , unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Apartment/ Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allottee with interest within 45 forty-five days from that date. The promoter Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of any local law, the conveyance deed in favour of Promoter shall handover the Allottee shall be carried out by necessary documents and plans, including common areas, to the promoter within 3 months from Maintenance Society or the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotcompetent authority, as the case may be, within thirty days after obtaining the completion certificate. Provided that where the Allottee(s) proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the Allottee(s) shall be returned by the Promoter to the Allottee at the time Allottee(s) within forty-five days of conveyance of the samesuch cancellation.

Appears in 2 contracts

Sources: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment - ]: The Promoter agrees and understands that timely delivery of possession of the [Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, ] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]] on, provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotmaybe, as per the case may be, local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Allottee at Project as provided in the time of conveyance of the same.Act:

Appears in 2 contracts

Sources: Agreement for Sale, Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said Apartment - Apartment-The Promoter Promoter/Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to the association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , ………….. unless there is delay or failure due d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee ▇▇▇▇▇▇ ▇▇ agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this AgreementApart ment. 7.2 7.2. Procedure for taking possession - possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Allottee, in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed Conveyance Deed in favour of the Allottee allottee shall be carried out by the promoter Promoter/Developer within 3 months from the date of issue of occupancy certificate]. The Promoter Promoter/Developer agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Allotteesallottees, as the case may be after the issuance of the completion completi on certificate for the projectProject. The promoter Promoter/Developer shall hand over handover the occupancy certificate of the apartment/plotApartment, as the case may be, to the Allottee allottee at the time of conveyance of the same.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 6.1. Schedule for possession of the said Apartment - Apartment-The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , ……………………and 9 months grace period unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee Allott ee agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apart ment. Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoter/Developer to implement the project due to Force Majeure ▇▇▇▇▇▇ conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment within 45 days from that date. The promoter Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 6.2. Procedure for taking possession - possession- The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Allottees, in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed Conveyance Deed in favour of the Allottee allottee shall be carried out by the promoter Promoter/Developer within 3 months from the date of issue of occupancy certificate]. The Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Allotteesallottees, as the case may be after the issuance of the completion completi on certificate for the projectProject. The promoter Promoter/Developer shall hand over handover the occupancy certificate of the apartment/plotApartment, as the case may be, to the Allottee allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said Apartment - Apartment-The Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to the association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , ………….. unless there is delay or failure due d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that datethen 7.2. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Allottee, in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed Conveyance Deed in favour of the Allottee allottee shall be carried out by the promoter Promoter/Developer within 3 months from the date of issue of occupancy certificate]. The Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Allotteesallottees, as the case may be after the issuance of the completion completi on certificate for the projectProject. The promoter Promoter/Developer shall hand over handover the occupancy certificate of the apartment/plotApartment, as the case may be, to the Allottee allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment/Plot] to the Allottee allottee and the common areas to the association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the required occupancy certificate/completion certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate/completion certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allotteesallottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee allottee at the time of conveyance of the same. At the time of handing over of the possession, the allottee shall thoroughly inspect the apartment in respect of all the fitments, installations, workmanship and finishes and taking of possession shall be deemed to mean that the allottee has satisfied himself/herself/themselves in respect of all the installations and the provisions are intact and in place and no further complaint in this regard shall be covered/entertained thereafter except those that are covered under clause 12 of this agreement .

Appears in 1 contract

Sources: Agreement for Sale (Flats)

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said Apartment - Apartment-The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on , on…………..unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee ▇▇▇▇▇▇ ▇▇ agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this AgreementApart ment. 7.2 7.2. Procedure for taking possession - possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Allottee, in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed Conveyance Deed in favour of the Allottee allottee shall be carried out by the promoter Promoter/Developer within 3 months from the date of issue of occupancy certificate]. The Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfilment fullillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Allotteesallottces, as the case may be after the issuance of the completion completi on certificate for the projectProject. The promoter Promoter/Developer shall hand over handover the occupancy certificate of the apartment/plotApartment, as the case may be, to the Allottee allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]] on, provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date ofissue of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/ Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Promoter/ association of Allotteesallottees, as the case may be after be. The Promoter on its behalf shall offer the issuance possession to the Allottee in writing within 90 days of receiving the occupancy certificate*of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the completion certificate for [Apartment/Plot] from the projectPromoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/ Plot] to the allottee. The promoter In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the occupancy certificate necessary documents and plans, including common areas, to the association of the apartment/plotAllottees or the competent authority, as the case may be, to as per the Allottee at the time of conveyance of the samelocal laws.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - of Plot – The Promoter agrees and understands that timely delivery of possession of the Apartment Apartment/ Plot to the Allottee and the common areas to the association of Allottees Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the Apartment Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 on------------------ Procedure for taking possession - possession- The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the ApartmentApartment/ Plot, to the Allottee Allottee(s) in terms of this Agreement to be taken within two 2 (two) months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 three months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of AllotteesPromoter/ Maintenance Society, as the case may be be, after the issuance of the completion certificate for the projectProject. The promoter Promoter shall hand over handover the occupancy certificate of the apartment/plotApartment/ Plot, as the case may be, to the Allottee at the time of conveyance of the same.. Failure of Allottee to take possession of Apartment/ Plot- Upon receiving a written intimation from the Promoter as per Term No. 7.2 above, the Allottee(s) shall take possession of the Apartment/ Plot from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Possession of the Allottee- After obtaining the occupancy certificate and handing over physical possession of the Apartment/ Plot to the Allottee, it shall be the responsibility of the Promoter to handover the necessary documents and plan, including common areas to the Maintenance Society or the competent authority, as the case may be, as per the local laws: Cancellation by Allottee - the Allottee shall have the right to cancel/withdraw his Allotment in the Project as provided in the Act: Provided that where the Allottee(s)

Appears in 1 contract

Sources: Agreement to Sell

POSSESSION OF THE APARTMENT/PLOT. 7.1 6.1. Schedule for possession of the said Apartment - Apartment-The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees Allottee or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on ……………, and 9 months grace period unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoter/Developer to implement the project due to Force Majeure ▇▇▇▇▇▇ conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment allottment within 45 days from that date. The promoter Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 6.2. Procedure for taking possession - possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Allottee, in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed Conveyance Deed in favour of the Allottee allottee shall be carried out by the promoter Promoter/Developer within 3 months from the date of issue of occupancy certificate]. The Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee at the time of conveyance of the same.undertakes

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment Flat :- The Promoter agrees and understands that timely delivery of possession of the Apartment Flat to the Allottee Allottees and the common areas to the association of Allottees or the competent authority, as the case may be, . is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment Flat along with ready and complete common areas with all specifications, . amenities and facilities of the project in place on , 31/12/2023 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (Force Majeure.”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottees agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Flat: Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee Allottees agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottees the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee Allottees about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAllottees, the Allottee Allottees agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 . Procedure for taking possession possession: - The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the ApartmentFlat, to the Allottee Allottees in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Allottees shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be be, after the issuance of the completion certificate for the project. The promoter Promoter shall hand over the occupancy certificate of the apartment/apartment/ plot, as the case may be, to the Allottee Allottees at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place [Apartment/Plot] on 31.03.2025, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 . Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotallottees, as the case may be, . The Promoter on its behalf shat offer the possession to the Allottee at in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2. the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time of conveyance provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the samepromoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 ] on Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allotteesallottees, as the case may be after be. The Promoter on its behalf shall offer the issuance possession to the Allottee in writing within Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the completion certificate for [Apartment/Plot] from the projectPromoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. The promoter In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the occupancy certificate necessary documents and plans, including common areas, to the association of the apartment/plotAllottees or the competent authority, as the case may be, to as per the Allottee at the time of conveyance of the samelocal laws.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 ] on Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allotteesallottees, as the case may be after be. The Promoter on its behalf shall offer the issuance possession to the Allottee in writing within days of receiving the occupancy certificate* of the completion certificate for Project Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the projectPromoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. The promoter In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the occupancy certificate necessary documents and plans, including common areas, to the association of the apartment/plotAllottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the Allottee at the time allottee within 45 days of conveyance of the samesuch cancellation.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place [Apartment/Plot] on 08.07.2024, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee ▇▇▇▇▇▇▇▇ agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 . Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotallottees, as the case may be, . The Promoter on its behalf shat offer the possession to the Allottee at in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2. the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time of conveyance provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the samepromoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place [Apartment/Plot] on 04.10.2025, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee ▇▇▇▇▇▇▇▇ agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 . Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotallottees, as the case may be, . The Promoter on its behalf shat offer the possession to the Allottee at in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2. the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time of conveyance provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the samepromoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 ] on Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, as it shall be the case may be after the issuance responsibility of the completion certificate for the project. The promoter shall Promoter to hand over the occupancy certificate necessary documents and plans, including common areas, to the association of the apartment/plotAllottees or the competent authority, as the case may be, to as per the Allottee at the time of conveyance of the samelocal laws.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment Flat :- The Promoter agrees and understands that timely delivery of possession of the Apartment Flat to the Allottee allottee and the common areas to the association of Allottees allottees or the competent authority, as the case may be, . is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment Flat along with ready and complete common areas with all specifications, . amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (Force Majeure.”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Flat: Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession possession: - The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the ApartmentFlat, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allotteesallottees, as the case may be be, after the issuance of the completion certificate for the project. The promoter Promoter shall hand over the occupancy certificate of the apartment/apartment/ plot, as the case may be, to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place [Apartment/Plot] on 04.10.2025, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee ▇▇▇▇▇▇▇▇ agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking . possession - The Promoter, upon obtaining to the Allottee in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take possession of [Apartment/Plot]: Upon receiving a written intimation from the competent authority Promoter as per clause 7.2. the Allottee shall offer in writing the take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in terms of this Agreement clause 7.2, such Allottee shall continue to be taken within two months liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel/withdraw from the date project without any fault of issue of occupancy certificate. [Provided that, in the absence of local lawpromoter, the conveyance deed in favour promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the Allottee allottee shall be carried out returned by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee at the time allottee within 45 days of conveyance of the samesuch cancellation.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter assures to hand over possession of Promoter, based on the Apartment along with ready approved plans and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 assures Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotmaybe, as per the case may be, local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Allottee at Project as provided in the time of conveyance of the same.Act:

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place [Apartment/Plot] on 30.05.2024, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee ▇▇▇▇▇▇▇▇ agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 . Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three) months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotallottees, as the case may be, . The Promoter on its behalf shat offer the possession to the Allottee at in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2. the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time of conveyance provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the samepromoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said Apartment [Apartment/Plot] - The Promoter Developer agrees and understands that timely delivery of possession of the Apartment [Apartment/Plot] to the Allottee Allottee/purchaser/purchasers and the common areas to the association of Allottees Allottee/purchaser/purchasers or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Developer assures to hand over possession of the Apartment [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee/purchaser/purchaser agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee Allottee/purchaser/purchasers agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee Allottee/purchaser/purchasers the entire amount received by the Promoter Developer from the allotment within 45 days from that date. The promoter Developer shall intimate the Allottee Allottee/purchaser/purchaser about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee/purchaser/purchasers, the Allottee Allottee/purchaser/purchasers agrees that he/ she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said Apartment - Apartment-The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on , on…………..unless there is delay or failure due d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee ▇▇▇▇▇▇ ▇▇ agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this AgreementApart ment. 7.2 7.2. Procedure for taking possession - possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Allottee, in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed Conveyance Deed in favour of the Allottee allottee shall be carried out by the promoter Promoter/Developer within 3 months from the date of issue of occupancy certificate]. The Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfilment fullillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Allotteesallottces, as the case may be after the issuance of the completion completi on certificate for the projectProject. The promoter Promoter/Developer shall hand over handover the occupancy certificate of the apartment/plotApartment, as the case may be, to the Allottee allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place [Apartment/Plot] on 30.09.2024, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee ▇▇▇▇▇▇▇▇ agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 . Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotallottees, as the case may be, . The Promoter on its behalf shat offer the possession to the Allottee at in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2. the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time of conveyance provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the samepromoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot] : The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place [Apartment/Plot] on , ................. unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificatecertificate * from the competent authority shall offer in writing the possession of the Apartment[Apartment /Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment! Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/! association of Allotteesallottees, as the case may be after be. The Promoter on its behalf shall offer the issuance possession to the Allottee in writing within Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the completion certificate for [Apartment/Plot] from the projectPromoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. The promoter In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee — After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plotl to the Allottees, it shall be the responsibility of the Promoter to hand over the occupancy certificate necessary documents and plans, including common areas, to the association of the apartment/plotAllottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee — The Allottee shall have the right to cancel! withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the Allottee at the time allottee within 45 days of conveyance of the samesuch cancellation.

Appears in 1 contract

Sources: Deed of Conveyance

POSSESSION OF THE APARTMENT/PLOT. 7.1 8.1 Schedule for possession of the said Apartment - Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas areas/ common parts and facilities to the association Association of the Allottees or the competent authority, as the case may be, is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter assures Promoter, based on the approved plans and specifications, intends to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of within the project in place on , Completion Date unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion/ Occupancy Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. 7.2 8.2 The right of the Allottee shall remain restricted to the respective Apartment and appurtenants thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex. 8.3 The construction progress dates provided (if any) are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule but the Promoter and acknowledges that there is likely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the Completion Date. 8.4 Procedure for taking possession - possession: (i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Apartment, he will be permitted to do so only upon receiving the Completion/ Occupancy Certificate and upon payment of the Total Price, other charges/amounts and deposits as provided herein and also the requisite Stamp Duty and registration and other charges payable on registration which shall be kept deposited by the Promoter in a designated Account till registration. During this time the Allottee will not be entitled to use the Apartment till Completion/ Occupancy Certificate is received and Deed of Conveyance is executed. (ii) The Promoter, upon obtaining the occupancy certificate* full or partial Completion/ Occupancy Certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee in terms of this Agreement to be taken within two 2 (two) months from the date of issue of occupancy certificatesuch certificate subject to payment of all amounts due and payable under this Agreement and registration of conveyance deed. [Provided thatHowever, in upon the absence of local lawPromoter giving a written notice, the conveyance deed in favour of Promoter shall give and the Allottee shall be carried out by take possession of the promoter Apartment within 3 months from the date of issue of occupancy certificate]time stipulated in the written notice. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) Allottee agrees to pay the maintenance charges as determined by the Promoter/association Promoter/ Association of Allottees, as the case may be be, after the date of issuance of the completion certificate for the projectCompletion/ Occupancy Certificate / notice of possession. The promoter Promoter shall upon request hand over the occupancy certificate photocopy of the apartment/plot, as Completion/ Occupancy Certificate of the case may be, Project to the Allottee at the time of conveyance of the same. (iii) At the time of execution/registration of conveyance of any part of portion of the Complex to the Association, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable by the Association on such conveyance or any document or instrument of transfer.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over handover possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities within twelve months from the signing of the project in place on , Sale Agreement and subject to clearance of all outstanding payments ,unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - possession- The Promoter, upon obtaining the occupancy certificateCompletion Certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee Allottee(s) in terms of this Agreement to be taken within two 3 (three) months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee(s). The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/Promoter/ association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotallottee(s), as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee at Allottee(s) in writing within ten days of receiving the Completion Certificate* of the Project. Failure of Allottee(s) to take Possession of [Apartment]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee(s) shall take possession of the [Apartment] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee(s). In case the Allottee(s) fails to take possession within the time of conveyance provided in clause 7.2, such Allottee(s) shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee(s)- After obtaining the Completion certificate* and handing over physical possession of the same.[Apartment] to Cancellation by ▇▇▇▇▇▇▇▇(s)-The Allottee(s) shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment] and or Commercial Shop– The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee / Purchaser and the common areas to the association Association of Allottees / Purchasers or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the Apartment / commercial shop along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on 30th June, 2022 unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee / Purchaser agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - possession- The Promoter, upon obtaining the occupancy certificate* completion certificate from the competent authority shall offer in writing the possession of the Apartment, to the Allottee Allottee(s) / Purchaser (s) in terms of this Agreement to be taken within two 2 (two) months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour favor of the Allottee / Purchaser shall be carried out by the promoter Promoter within 3 three months from the date of issue of occupancy completion certificate]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) / Purchaser (s) in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The AllotteeAllottee(s) / Purchaser (s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Promoter/ Association of AllotteesAllottees/ Purchasers, as the case may be be, after the issuance of the completion certificate for the projectProject. The promoter Promoter shall hand over handover the occupancy completion certificate of the apartmentApartment/plotFlat, as the case may be, to the Allottee / Purchaser at the time of conveyance of the same. 7.3 Failure of Allottee / Purchaser to take possession of Apartment- That if the Purchaser fails and/or neglects to pay the installments according to the mode of 7.4 Possession by the Allottee / Purchaser - After obtaining the completion certificate and handing over physical possession of the [Apartment/Flat/ Commercial shop] to the Allottee /Purchaser, it shall be the responsibility of the Promoter to handover the necessary documents and plan, including Common Areas of the Real Estate Project (as specified in Schedule E below), to the association of allottees / Purchasers, upon its formation and registration;

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place unit on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee ▇▇▇▇▇▇▇▇ agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotallottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee at in writing within days of receiving the time of conveyance occupancy certificate* of the sameProject.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 6.1. Schedule for possession of the said Apartment - Apartment-The Promoter agrees Promoteragrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or Allotteeor the competent authority, as the case may casemay be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on on……………, unless and 9 months grace periodunless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee Allott ee agrees that the Promoter shall Promoter/Developershall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apart ment. Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoter/Developer to implement the project due to Force Majeure ▇▇▇▇▇▇ conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment allottment within 45 days from that date. The promoter shall Promoter/Developershall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any haveany rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under liabilitiesunder this Agreement. 7.2 6.2. Procedure for taking possession - possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Allottee, in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, ,the conveyance deed Conveyance Deed in favour of the Allottee allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee at the time of conveyance of the same.Developerwithin 3

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 ] on Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allotteesallottees, as the case may be after be. The Promoter on its behalf shall offer the issuance possession to the Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the completion certificate for [Apartment/Plot] from the projectPromoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. The promoter In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the occupancy certificate necessary documents and plans, including common areas, to the association of the apartment/plotAllottees or the competent authority, as the case may be, to as per the Allottee at the time of conveyance of the samelocal laws.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place [Apartment/Plot] on 31.12.2024, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 . Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotallottees, as the case may be, . The Promoter on its behalf shat offer the possession to the Allottee at in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2. the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time of conveyance provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the samepromoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place [Apartment/Plot] on 31.03.2025, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee ▇▇▇▇▇▇▇▇ agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 . Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotallottees, as the case may be, . The Promoter on its behalf shat offer the possession to the Allottee at in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2. the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time of conveyance provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the samepromoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 The promoter shall give possession of the apartment/flat to the allottee on or before DD/MM/YEAR (“Possession Date”). Provided however, that the promoter shall be entitled to extension of time for giving delivery of the apartment/flat on the possession date, if the completion of the real Estate Project is delayed on account of any or all of the following factors: • Any force ▇▇▇▇▇▇ Events; • Any notice, order, rule, notification, of the governement and/or by any other public or competent authority/court; • Any stay order / injunction order issued by any court of law, competent authority , BMC, Statutory authority ; • Any other circumstances that may deemed reasonable by the authority. 7.2 Schedule for possession of the said Apartment [Apartment/Flat/] - The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment/Flat] to the Allottee allottee and the common areas to the association of Allottees allottees or the competent authority, as the case may be, is the essence of the this Agreement. The Promoter assures to hand over possession of the Apartment [Apartment/flat] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/PlotFlat], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 60 days from that date. The promoter shall intimate the Allottee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 6.1. Schedule for possession of the said Apartment - Apartment-The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or Allotteeor the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on on……………, and 9 months grace period unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion completi on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee ▇▇▇▇▇▇ ▇▇ agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoter/Developer to implement the project due to Force Majeure conditionsMajureconditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment allottment within 45 days from that date. The promoter Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 6.2. Procedure for taking possession - possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Allottee, in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed Conveyance Deed in favour of the Allottee allottee shall be carried out by the promoter Promoter/Developer within 3 months from the date of issue of occupancy certificate]. The Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees and undertakes to indemnify i ndemni fy the Allottee in case of failure of fulfilment fulfill ment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee at the time of conveyance of the sameDeveloper.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession possessi on of the said Apartment [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment/Plot] to the Allottee allottee and the common areas to the association of Allottees allottees or the competent authority, as the case may be, is the essence ess ence of the Agreement. The Promoter assures to hand over possession of the Apartment [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure Maj ▇▇▇▇ conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificatecertificate /completion certificate * from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of o f issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificatecertificate /completion certificate ]. The Promoter P romoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined determi ▇▇▇ by the Promoter/association of Allotteesallottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said Apartment - The Promoter flat/Parking the VENDOR/DEVELOPER agrees and understands that timely delivery of possession of the Apartment Flat/Parking to the Allottee allottee and the common areas to the association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter VENDOR/DEVELOPER assures to hand over possession of the Apartment Flat/Parking along with ready and complete common areas with all specifications, amenities and facilities of the project in place on Jairambati, Bankura unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter VENDOR/DEVELOPER shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Flat. Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter VENDOR/DEVELOPER to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter VENDOR/DEVELOPER shall refund to the Allottee the entire amount received by the Promoter VENDOR/DEVELOPER from the allotment within 45 days from that date. The promoter VENDOR/DEVELOPER shall intimate the Allottee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter VENDOR/DEVELOPER and that the Promoter VENDOR/DEVELOPER shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 7.2. Procedure for taking possession - The PromoterVENDOR/DEVELOPER, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the ApartmentFlat/Parking, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, . in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter VENDOR/DEVELOPER within 3 months from the date of issue of occupancy certificate]. The Promoter VENDOR/DEVELOPER agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the PromoterVENDOR/DEVELOPER. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter VENDOR/DEVELOPER shall hand over the occupancy certificate of the apartment/apartment/ plot, as the case may be, to the Allottee allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment/Plot] to the Allottee allottee and the common areas to the association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures a ssures to hand over possession of the Apartment [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees agr ees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the t he Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall s hall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the required occupancy certificatecertificate /completion certificate * from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificatecertifi cate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificatecertificate /completion certificate ]. The Promoter agrees and undertakes undertake s to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association associat ion of Allotteesallottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee allottee at the time of conveyance of the same. At the time of handing over of the possession, the allottee shall thoroughly inspect the apartment in respect of all the fitments, installations, workmanship and finishes and taking of possession shall be deemed to mean that the allottee has satisfied him self/herself/themselves in respect of all the installations and the provisions are intact and in place and no further complaint in this regard shall be covered/entertained thereafter except those that are covered under clause 12 of this agreement .

Appears in 1 contract

Sources: Agreement for Sale (Flats)

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment - / Plot] – The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment] to the Allottee and the common areas to the association Association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the Apartment [Apartment] along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on , or before 11.12.2028 if unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 45 days from that date. The promoter Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Promoter/ Association of Allottees, as the case may be be, after the issuance of the completion certificate for the projectProject. The promoter Promoter shall hand over handover the occupancy certificate of the apartment/plotApartment, as the case may be, to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]] on, provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotmaybe, as per the case may be, local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Allottee at Project as providedin the time of conveyance of the same.Act:

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 6.1. Schedule for possession of the said Apartment - Apartment-The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , …………………… and 9 months grace period unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee Allott ee agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Apart ment. Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoter/Developer to implement the project due to Force Majeure ▇▇▇▇▇▇ conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment within 45 days from that date. The promoter Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 6.2. Procedure for taking possession - possession- The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Allottees, in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed Conveyance Deed in favour of the Allottee allottee shall be carried out by the promoter Promoter/Developer within 3 months from the date of issue of occupancy certificate]. The Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Allotteesallottees, as the case may be after the issuance of the completion completi on certificate for the projectProject. The promoter Promoter/Developer shall hand over handover the occupancy certificate of the apartment/plotApartment, as the case may be, to the Allottee allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]] on, provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotmaybe, as per the case may be, local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Allottee at Project as provided in the time of conveyance of the same.Act:

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said Apartment - Apartment-The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees Allottee or the competent authority, as the case may bemaybe, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31/12/2025, and 9 months grace period unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake Any act, restraint or regulation of any Governmental Instrumentality including any local, State, or central government of India or any department, instrumentality or agency thereof including: Any act, regulation or restraint constituting a change in law; Any failure by a competent authority to grant or renew any license, permit or clearance within reasonable time (other than for cause) after application having been duly made; or the imposition of any material condition on the issuance or renewal or continuance of any approval from a competent authority. Any local issues which may hamper the implementation of the Project; Flood, cyclone, lightning, earthquake, drought, storm or any other effect of natural elements; Epidemic, famine or plague; Radioactive contamination or ionizing radiation; Fire, explosion or accident leading to breakage of facilities, plant or equipment or chemical contamination thereof; Strike, lockout or other labour difficulties; or Legal proceedings or any other order, rule or notification issued by competent authorities effecting the development of the Project. or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoter/Developer to implement the project due to Force Majeure ▇▇▇▇▇▇ conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment within 45 days from that date. The promoter Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ the/she shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 7.1. Schedule for possession of the said Apartment - Apartment-The Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the common areas to the association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , ………….. unless there is delay or failure due d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion com pleti on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee ▇▇▇▇▇▇ ▇▇ agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this AgreementApart ment. 7.2 7.2. Procedure for taking possession - possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Allottee, in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed Conveyance Deed in favour of the Allottee allottee shall be carried out by the promoter Promoter/Developer within 3 months from the date of issue of occupancy certificate]. The Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Allotteesallottees, as the case may be after the issuance of the completion completi on certificate for the projectProject. The promoter Promoter/Developer shall hand over handover the occupancy certificate of the apartment/plotApartment, as the case may be, to the Allottee allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment [Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment/Plot] to the Allottee allottee and the common areas to the association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the required occupancy certificate/completion certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate/completion certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allotteesallottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the Allottee allottee at the time of conveyance of the same. At the time of handing over of the possession, the allottee shall thoroughly inspect the apartment in respect of all the fitments, installations, workmanship and finishes and taking of possession shall be deemed to mean that the allottee has satisfied himself/herself/themselves in respect of all the installations and the provisions are intact and in place and no further complaint in this regard shall be covered/entertained thereafter except those that are covered under clause 12 of this agreement .

Appears in 1 contract

Sources: Agreement for Sale (Flats)

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allotteesallottees, as the case may be after be. The Promoter on its behalf shall offer the issuance possession to the Allottee in writing within 90 days of receiving the occupancy certificate* of the completion certificate for Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the projectPromoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. The promoter In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the occupancy certificate necessary documents and plans, including common areas, to the association of the apartment/plotAllottees or the competent authority, as the case may be, to as per the Allottee at the time of conveyance of the samelocal laws.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule 6.1. for possession of the said Apartment - Apartment-The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter Promoter/Developer assures to hand over possession of the Apartment along with alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on December, 2026 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of of' the real estate project ("Force Majeure''). If, however, the completion completi on of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided . Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoter/Developer to implement the project due to Force Majeure ▇▇▇▇▇▇ conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter Promoter/Developer from the allotment allottment within 45 180 days from that date. The promoter Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any haveany rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 6.2. Procedure for taking possession - possession- The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Allottees, in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed Conveyance Deed in favour of the Allottee allottee shall be carried out by the promoter Promoter/Developer within 3 months from the date of issue of occupancy certificate]. The Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Allotteesallottees, as the case may be after the issuance of the completion completi on certificate for the projectProject. The promoter Promoter/Developer shall hand over handover the occupancy certificate of the apartment/plotApartment, as the case may be, to the Allottee allottee at the time of conveyance of the same.

Appears in 1 contract

Sources: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place [Apartment/Plot] on 31.01.2025, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee ▇▇▇▇▇▇▇▇ agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 . Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotallottees, as the case may be, . The Promoter on its behalf shat offer the possession to the Allottee at in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2. the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time of conveyance provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the samepromoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment - / Plot] – The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment] to the Allottee and the common areas to the association Association of Allottees allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over handover possession of the Apartment [Apartment] along with ready and complete common areas with all specifications, amenities and facilities of the project Project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided Provided that such Force Majeure conditions are not of a nature, nature which make it impossible for the contract to be implemented. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 45 days from that date. The promoter Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Promoter/ Association of Allottees, as the case may be be, after the issuance of the completion certificate for the projectProject. The promoter Promoter shall hand over handover the occupancy certificate of the apartment/plotApartment, as the case may be, to the Allottee at the time of conveyance of the same. Possession by the Allottee- After obtaining the occupancy certificate* and handing over physical possession of the [Apartment] to the Allottee, it shall be the responsibility of the Promoter to handover the necessary documents and plan, including common areas to the Association of allottees or the competent authority, as the case may be, as per the local laws: Provided that where the Allottee(s) proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the Allottee(s) shall be returned by the Promoter to the Allottee(s) within forty- five days of such cancellation.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as determined applicable. Possession by the PromoterAllottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/association of Plot] to the Allottees, as it shall be the case may be after the issuance responsibility of the completion certificate for the project. The promoter shall Promoter to hand over the occupancy certificate necessary documents and plans, including common areas, to the association of the apartment/plotAllottees or the competent authority, as the case may be, to as per the Allottee at the time of conveyance of the samelocal laws.

Appears in 1 contract

Sources: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said Apartment - [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, [Apartment/Plot] is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot]] on, provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two 3 (three months from the date of issue of occupancy certificate. [Provided that, in such notice and the absence of local law, the conveyance deed in favour Promoter shall give possession of the Allottee shall be carried out by [Apartment/Plot] to the promoter within 3 months from the date of issue of occupancy certificate]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plotmaybe, as per the case may be, local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Allottee at Project as provided in the time of conveyance of the same.Act:

Appears in 1 contract

Sources: Agreement for Sale