Common use of Procedure for taking possession Clause in Contracts

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 14 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Developer (subject, however, to the Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour Developer as per requisition of the Allottee shall be carried out by the promoter Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developer agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 12 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate Completion Certificate or completion certificate (which Partial Completion Certificate, as the case may be partial), whichever be applicablebe, from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Apartment to the Allottee in terms of this Agreement Agreement, to be taken within 2 (two) months from the date of issue of such certificate Subject To Completion Certificate or Partial Completion Certificate, as the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincase may be. [Provided that, in the absence of local law, the conveyance deed The Conveyance Deed in favour of the Allottee shall be carried out executed and registered by the promoter Promoter in favour of the Allottee within 3 (three) months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp dutyCompletion Certificate or Partial Completion Certificate, registration fee etc.as the case may be, Provided Further That and the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all shall render full co-operation with each other to carry out the terms conditions execution and covenants of this Agreement and on the part registration of the Allottee to be observed and performed until then]Conveyance Deed. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(sagrees(s) to pay the maintenance charges as determined by the Promoter/ association Promoter /Association of allotteesthe Allottees, as the case may be, after the issuance of the completion certificate Completion Certificate or Partial Completion Certificate, as the case may be, for the projectProject. The Promoter shall handover the copy of Completion Certificate or Partial Completion Certificate, as the occupancy certificate / completion certificate case may be, of the apartment Apartment, to the Allottee at the time of conveyance execution and registration of the Conveyance Deed of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 6 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate (which certificate, as the case may be partial)be, whichever be applicable, for the Said Block from the competent authority shall offer in writing the possession of the Apartment, Said Apartment in writing to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such the occupancy certificate, the completion certificate, the partial occupancy certificate Subject To or the terms partial completion certificate, as the case may be, for the Said Block, hereafter referred to as the "Possession Date". Irrespective of whether the Allottee takes possession of the Agreement and Apartment within the Possession Date or not, the Allottee making payment shall be deemed to have taken possession of the entire balance consideration and all other amounts and deposits payable by Apartment on the Possession Date. If the Allottee has also purchased a Parking Space, the same may not be handed over to the Promoter hereunder Allottee along with the Apartment, but irrespective of whether the Parking Space is handed over or not, or all parts and fulfilling all his portions of the Phase Common Portions are completed or not, the Allottee shall be bound to take possession of the Apartment. The Allottee shall pay the requisite Stamp Duty, Registration Fee and other covenants / obligations hereincharges, hereafter the "Registration Charges", for registration of the Conveyance Deed of the Apartment within 3 (three) months from the date of issuance of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate, as the case may be, for the Said Block. [Provided that, in the absence of local law, The Promoters shall have the conveyance deed executed and registered in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession immediately after receipt of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Registration Charges. The Promoters and the Allottee has Allottees shall fully performed all the terms conditions and covenants of cooperate with each other in this Agreement and on the part of the Allottee to be observed and performed until then]regard. The Promoter agrees Promoters agree and undertakes undertake to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the PromoterPromoters. Till such time the conveyance is registered in accordance with Clause 8(ix) hereunder, the Promoters may not hand over possession of the Apartment to the Allottee but yet the Allottee will be deemed to have taken possession on the Possession Date. The Allottee, after taking possession, agree(s) Allottee shall be bound to pay the maintenance charges Maintenance Charges as determined by the Promoter/ association of allotteesDeveloper or the Phase Association, as the case may be, after on and from the issuance Possession Date irrespective of whether it takes possession or not given possession for non-registration of the completion certificate for the projectconveyance. The Promoter Developer shall handover the a copy of the occupancy certificate, the completion certificate, the partial occupancy certificate / or the partial completion certificate of certificate, as the apartment case may be, for the Said Block to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 5 contracts

Sources: Sale Agreement, Agreement for Sale, Sale Agreement

Procedure for taking 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 Certificate(or at least after application for grant of CC is made) and upon payment of the entire consideration and Extras and Deposits as provided herein and also the requisite Stamp Duty and Registration 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 live in the Apartment till Occupation Certificate is received and Deed of Conveyance is executed. (ii) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Occupancy certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To subject to payment of all amounts due and payable under this Agreement and registration of conveyance deed. However, upon the terms of Promoter giving a written notice, the Agreement Promoter shall give and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, after be 3 months from the date of issuance of the completion certificate for the projectCompletion Certificate/ notice of possession . The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same... 7.2.1 It is clarified that (iii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance or Lease of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the structure of the said land to be executed in favour of the Apex Body or Federation.

Appears in 5 contracts

Sources: Agreement for Sale, Buyers Agreement, Agreement for Sale

Procedure for taking 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 Certificate(or at least after application for grant of CC is made) and upon payment of the entire consideration and Extras and Deposits as provided herein and also the requisite Stamp Duty and Registration 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 live in the Apartment till Occupation Certificate is received and Deed of Conveyance is executed. (ii) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Occupancy certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To subject to payment of all amounts due and payable under this Agreement and registration of conveyance deed. However, upon the terms of Promoter giving a written notice, the Agreement Promoter shall give and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, after be 3 months from the date of issuance of the completion certificate for the projectCompletion Certificate . The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (iii) At the Promoter time of registration of conveyance, the Allottee shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion pay to the Promoter, the Allottees' share of stamp duty and registration charges payable,. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned said land to be executed in Clause 7.1 abovefavour of the Apex Body or Federation.

Appears in 4 contracts

Sources: Agreement for Sale, Sale Agreement, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificateor completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To certificateSubjectTo the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate completioncertificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date thedate mentioned in Clause 7.1 above.

Appears in 4 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartmentsaid Unit, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the said Unit within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinsaid Notice Of Possession (POSSESSION NOTICE). [Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd Schedule hereto and taking possession of the said Unit in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc. expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allotteesAllottee, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 4 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority and on receipt of the Total Price of the Apartment shall offer in writing the possession of the Apartment, to Apartment (Possession Notice),to the Allottee in terms of this Agreement to be taken within 2 two (two2) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee occupancy certificate/completion certificate. Provided That, subject to the Promoter hereunder and fulfilling all Allottee(s) complying with his other covenants / obligations herein. [Provided that, in the absence of local lawhereunder, the conveyance deed Deed of Conveyance in favour of the Allottee Allottee(s) shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee Allottee(s) making payment of the entire consideration, extras and deposits on account of stamp duty, registration fee etc., .. Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee Allottee(s) nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes Allottee(s) make(s) payment of all amounts agreed and required to be paid hereunder by the Allottee Allottee(s) and the Allottee has Allottee(s) has/have fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Allottee(s) to be observed and performed until then]. .The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, after the issuance of the completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate to the Association after the formation of the apartment to the Allottee at the time of conveyance of the sameAssociation. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 3 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate (which certificate, as the case may be partial)be, whichever be applicable, for the Said Block from the competent authority shall offer in writing the possession of the Apartment, Said Apartment in writing to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such the occupancy certificate, the completion certificate, the partial occupancy certificate Subject To or the terms partial completion certificate, as the case may be, for the Said Block, hereafter referred to as the "Possession Date". Irrespective of whether the Allottee takes possession of the Agreement and Apartment within the Possession Date or not, the Allottee making payment shall be deemed to have taken possession of the entire balance consideration and all other amounts and deposits payable by Apartment on the Possession Date. If the Allottee has also purchased a Parking Space, the same may not be handed over to the Promoter hereunder Allottee along with the Apartment, but irrespective of whether the Parking Space is handed over or not, or all parts and fulfilling all his portions of the Phase Common Portions are completed or not, the Allottee shall be bound to take possession of the Apartment. The Allottee shall pay the requisite Stamp Duty, Registration Fee and other covenants / obligations hereincharges, hereafter the "Registration Charges", for registration of the Conveyance Deed of the Apartment within 3 (three) months from the date of issuance of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate, as the case may be, for the Said Block. [Provided that, in the absence of local law, The Promoters shall have the conveyance deed executed and registered in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession immediately after receipt of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Registration Charges. The Promoters and the Allottee has Allottees shall fully performed all the terms conditions and covenants of cooperate with each other in this Agreement and on the part of the Allottee to be observed and performed until then]regard. The Promoter agrees Promoters agree and undertakes undertake to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the PromoterPromoters. Till such time the conveyance is registered in accordance with Clause 8(ix) hereunder, the Promoters may not hand over possession of the Apartment to the Allottee but yet the Allottee will be deemed to have taken possession on the Possession Date. The Allottee, after taking possession, agree(s) Allottee shall be bound to pay the maintenance charges Maintenance Charges as determined by the Promoter/ association of allotteesDeveloper or the Phase Association, as the case may be, after on and from the issuance Possession Date irrespective of whether it takes possession or not given possession for non- registration of the completion certificate for the projectconveyance. The Promoter Developer shall handover the a copy of the occupancy certificate, the completion certificate, the partial occupancy certificate / or the partial completion certificate of certificate, as the apartment case may be, for the Said Block to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 3 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The PromoterVendor-Cum-Developer, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Vendor-Cum-Developer (subject, however, to the Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour Vendor-Cum-Developer as per requisition of the Allottee shall be carried out by the promoter Vendor-Cum-Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Vendor-Cum-Developer agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterVendor-Cum-Developer. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Vendor-Cum-Developer/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Vendor-Cum- Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 3 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. 7.2.1 The PromoterCGEWHO, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartmentdwelling unit, to the Allottee in terms of this Agreement to be taken within 2 3 (twothree) months from the date of issue of such certificate Subject To notice/ offer of possession and the terms CGEWHO shall give possession of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee dwelling unit to the Promoter hereunder and fulfilling all his other covenants / obligations hereinAllottee. [Provided that, in the absence of local lawApplicable Law, the conveyance deed in favour favor of the Allottee Allottee(s) shall be carried out by the promoter CGEWHO within 3 months from the date of issue of occupancy / the completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That timely co-operation from the Promoter shall not be liable to deliver possession Allottee(s) as the nature of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]said act prerequisites co-operation. The Promoter CGEWHO agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterCGEWHO. The Allottee agrees to pay the maintenance charges as determined by the CGEWHO/association of allottees, as the case may be. The CGEWHO on its behalf shall offer the possession to the Allottee in writing within 45 days of receiving the occupancy certificate of the Project. That the final finishing of the Dwelling Unit shall be done after deposition of entire amount and obtaining no dues certificate from the CGEWHO. It is hereby clarified that the stamp duty and other statutory costs for registration of the conveyance deed and also for registration of this agreement shall be entirely borne by the Allottee(s). 7.2.2 The Allottee shall be required to complete their full and final settlement and clear all pending dues, amounts, installments, charges, interest, etc. (as provided in the offer for handover of possession) along with stamp duty and other statutory costs for registration of the conveyance deed; within a period of 1 (one) month from the date of offer of handover of possession given by the CGEWHO after obtaining the part occupancy Certificate/completion certificate whichever is applicable. Only after the registration of the Conveyance Deed, the physical possession of the dwelling unit will be offered. After signing of check list and full and final payment of all pending dues, amounts, installments, charges, interest, etc. by the Allottee, after taking possessionthe CGEWHO will commence the fit-outs in the said Apartment. Provided that the process of fit-outs of the Apartment generally takes a period of 60 days from the date of full and final payment by the Allottee. However, the same will be done on a first-come first basis, and the period of completion of fit-out activities may vary accordingly, but in no case, it shall take more than 90 days. The CGEWHO agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the CGEWHO. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ CGEWHO/association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter CGEWHO on its behalf shall handover offer the copy possession to the Allottee in writing within 45 days of receiving the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameProject. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 3 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 two months from the date of issue of occupancy certificate/completion certificate (twoPossession Date). Provided That, in the absence of local law and subject to the Allottee(s) complying with his obligations hereunder, the conveyance deed in favour of the Allottee(s) shall be carried out by the Owners and the Promoter within 3 (three) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes payment of all amounts the Total price of the Apartment as mentioned in 1.2.4 agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, after the issuance of the completion Occupancy certificate/Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. 7.2.1 It is clarified that the . The Promoter shall be deemed to have duly complied with all its obligations in case hand over copy of the Promoter issues notice of occupancy certificate/completion certificate to the Allottee on or before Association after the date mentioned in Clause 7.1 aboveformation of the Association.

Appears in 3 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectPhase 1 of the Project. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Procedure for taking possession. i. The Unit shall be considered as ready for use and occupation on the date of receipt of OC or any other certificate required for occupation from the competent authorities. ii. The Promoter, upon after obtaining the occupancy certificate or completion certificate (which may be partial)OC, whichever be applicable, from shall issue the competent authority Offer of Possession letter to the Allottee(s) requesting to make payments as per the Agreement and take possession within such date as mentioned in the Offer of Possession letter. The Allottee(s) shall offer in writing before taking over the possession of the Apartmentsaid Unit, clear all outstanding dues, keep deposited with the Promoter, amounts mentioned in Annexure I and also pay the applicable GST, Value Added Tax, service tax and any other tax, levy, cess or any other charges levied by the statutory authorities in respect of the said Unit (if applicable), by time to time to the Allottee in terms Promoter, for construction and sale of this Agreement the said Unit. iii. For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence from 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession (for fit outs) or not. Such date shall be referred to be taken within 2 (two) months as “CAM Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of Possession, the CAM charges or the Unit shall commence from the date of issue which the last installment of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etcallotment plus 15 (fifteen) days., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or Organisation, as the case may be. iv. The Promoter, after upon receiving payments made by the issuance Allottee(s) as per this Agreement shall offer in writing the possession of the completion certificate for Unit, to the projectAllottee(s) in terms of this Agreement to be taken within 15 (fifteen) days from the date of issue of such written communication. The Promoter Allottee(s) shall handover the copy take possession of the occupancy certificate / completion certificate of Unit from the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Unit to the Allottee(s). In case the Allottee(s) fails to take possession within the time provided in this Agreement such Allottee(s) shall continue to be liable to pay CAM charges as applicable. v. In the event the Allottee(s) fails to take possession of the Unit within such date as mentioned in the Offer of Possession letter, then the Unit shall lie at the risk and cost of the Allottee(s). The maintenance charges and the defect liability period shall commence from the CAM Commencement Date. In addition to payment of interest for delayed payments, the Allottee(s) shall be liable to pay Holding Charges as specified in Annexure G from expiry of CAM Commencement Date till the Allottee(s) takes actual possession of the Unit. The Allottee(s) agrees and acknowledges that the Promoter’s obligation of delivering possession of the Unit shall come to an end and the Promoter shall not be responsible and/or liable for any obligation towards the Allottee(s) for the possession of the said Unit. Under such circumstances it shall be deemed that the Allottee(s) has taken possession of the said Unit. During the period of the said delay by the Allottee(s), the Unit shall remain locked and shall continue to have duly complied with all be in possession of the Promoter but at the sole risk, responsibility and cost of the Allottee(s) in relation to its obligations deterioration in physical condition. vi. The Allottee(s) hereby agrees that in case the Allottee(s) fails to respond and/or neglects to take possession of the Unit within the aforementioned time as stipulated by the Promoter issues notice and/or cancel / terminate this Agreement, then the Promoter shall also be entitled to reserve his right to forfeit the entire amount received by the Promoter towards the Unit along with interest on default in payment of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveinstalments (if any), applicable taxes and any other charges and amounts.

Appears in 2 contracts

Sources: Apartment Buyer’s Agreement, Apartment Buyer’s Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 3 (two) three months from the date of issue of such certificate notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Transfer Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within 10 days of receiving the time of conveyance completion / occupancy certificate, as applicable, of the sameProject or part thereof. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to the completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 2 contracts

Sources: Development Agreement, Development Agreement

Procedure for taking possession. The Promoter, upon obtaining (i) Upon obtainment of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Occupation Certificate from the competent authority MCGM and upon Full and Final payment by the Allottee of the entire Sale Consideration and all other amounts due and payable in terms of this Agreement, the Promoter shall offer in writing the possession of the Apartment, said Premises to the Allottee in terms of this Agreement to be taken within 2 writing (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]“Possession Notice”). The Promoter Allottee agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or the Society, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within 7 (seven) days of receiving the time of conveyance Occupation Certificate of the same.Real Estate Project; 7.2.1 It is clarified that (ii) The Allottee shall take possession of the said Premises within 15 (fifteen) days of the Possession Notice; (iii) Upon receiving the Possession Notice from the Promoter as per Clause 12 (i) above, the Allottee shall take possession of the said Premises from the Promoter by executing the necessary indemnities, undertakings and such other documentation as may be prescribed by the Promoter, and the Promoter shall give possession of the said Premises to the Allottee. Irrespective of whether the Allottee takes or fails to take possession of the said Premises within the time provided in Clause 12 (ii) above, such Allottee shall continue to be deemed liable to have pay maintenance charges and all other charges with respect to the said Premises, as applicable and as shall be decided by the Promoter; (iv) The Allottee shall be liable to bear and pay his/her/ their/its proportionate share in proportion to the carpet area of the said Premises, of outgoings in respect of the Real Estate Project and the said Property including inter-alia, local taxes, betterment charges, other indirect taxes of every nature, or such other levies by the MCGM or other concerned Local Authority and/or Government water charges, electricity charges, insurance, common lights, repairs and salaries of clerks, ▇▇▇▇ collectors, accountants, managers, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the Real Estate Project and/or the said Property; (v) Until the Society is formed and the Society Transfer is duly complied with all its obligations in case executed and registered, the Allottee shall pay to the Promoter issues notice such proportionate share of completion outgoings as may be determined by the Promoter at its sole discretion. (vi) The Allottee further agrees that till the Allottee's share is so determined by the Promoter, at its sole discretion, the Allottee shall pay to the Promoter a provisional monthly contribution of Rs. [●] (Rupees [●] Only) per month towards the outgoings. The amounts so paid by the Allottee on or before to the date mentioned Promoter shall not carry any interest and shall remain with the Promoter until the Society Transfer is duly executed and the aforesaid deposits, less any deductions as provided for in Clause 7.1 abovethis Agreement, shall be paid by the Promoter to the Society.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Procedure for taking possession. (i) The Unit shall be considered as ready for use and occupation on the date of receipt of OC or any other certificate required for occupation from the competent authorities. (ii) The Promoter, upon after obtaining the occupancy certificate or completion certificate (which may be partial)OC, whichever be applicable, from shall issue the competent authority Offer of Possession letter to the Allottee(s) requesting to make payments as per the Agreement and take possession within such date as mentioned in the Offer of Possession letter. The Allottee(s) shall offer in writing before taking over the possession of the Apartmentsaid Unit, clear all outstanding dues, keep deposited with the Promoter, amounts mentioned in Annexure I and also pay the applicable GST, Value Added Tax, service tax and any other tax, levy, cess or any other charges levied by the statutory authorities in respect of the said Unit (if applicable), by time to time to the Allottee in terms Promoter, for construction and sale of this Agreement the said Unit. (iii) For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence from 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession (for fit outs) or not. Such date shall be referred to be taken within 2 (two) months as “CAM Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of Possession, the CAM charges or the Unit shall commence from the date of issue which the last installment of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]allotment plus 15 (fifteen) days. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or Organisation, as the case may be. (iv) The Promoter, after upon receiving payments made by the issuance Allottee(s) as per this Agreement shall offer in writing the possession of the completion certificate for Unit, to the projectAllottee(s) in terms of this Agreement to be taken within 15 (fifteen) days from the date of issue of such written communication. The Promoter Allottee(s) shall handover the copy take possession of the occupancy certificate / completion certificate of Unit from the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Unit to the Allottee(s). In case the Allottee(s) fails to take possession within the time provided in this Agreement such Allottee(s) shall continue to be liable to pay CAM charges as applicable. (v) In the event the Allottee(s) fails to take possession of the Unit within such date as mentioned in the Offer of Possession letter, then the Unit shall lie at the risk and cost of the Allottee(s). The maintenance charges and the defect liability period shall commence from the CAM Commencement Date. In addition to payment of interest for delayed payments, the Allottee(s) shall be liable to pay Holding Charges as specified in Annexure G from expiry of CAM Commencement Date till the Allottee(s) takes actual possession of the Unit. The Allottee(s) agrees and acknowledges that the Promoter’s obligation of delivering possession of the Unit shall come to an end and the Promoter shall not be responsible and/or liable for any obligation towards the Allottee(s) for the possession of the said Unit. Under such circumstances it shall be deemed that the Allottee(s) has taken possession of the said Unit. During the period of the said delay by the Allottee(s), the Unit shall remain locked and shall continue to have duly complied with all be in possession of the Promoter but at the sole risk, responsibility and cost of the Allottee(s) in relation to its obligations deterioration in physical condition. (vi) The Allottee(s) hereby agrees that in case the Allottee(s) fails to respond and/or neglects to take possession of the Unit within the aforementioned time as stipulated by the Promoter issues notice and/or cancel / terminate this Agreement, then the Promoter shall also be entitled to reserve his right to forfeit the entire amount received by the Promoter towards the Unit along with interest on default in payment of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveinstalments (if any), applicable taxes and any other charges and amounts.

Appears in 2 contracts

Sources: Apartment Buyer’s Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartmentsaid Unit, to the Allottee in terms of this Agreement to be taken within 2 (two2(Two) months from the date of issue of such certificate notice and the Promoter shall give possession of the said Unit to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment said Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy possession to the Allottee in writing within 30 days of receiving the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameProject. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water etc., as be determined by the Promoter.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such completion certificate Subject To SUBJECT TO the terms of the Agreement agreement and the Allottee making payment of the entire balance consideration total price and all other amounts and deposits payable by the Allottee to the Promoter promoter hereunder and fulfilling all his other covenants / obligations herein. [herein Provided that, in the absence of the local law, the conveyance deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on the account of stamp duty, registration fee fees, etc., Provided Further That PROVIDED FURTHER THAT the Promoter promoter shall be not be liable to deliver possession of the Apartment Said Unit to the Allottee nor Allottee(s)nor to execute or cause cost to be executed any Sale Deed sale deed or any other instruments instrument(s) until such time the Allottee makes Allottee(s)makes payment of all amounts agreed and required to be paid hereunder by the Allottee and Allottee(s)and the Allottee has Allottee(s)has fully performed all the terms and conditions and covenants of this Agreement agreement and on the part of the Allottee to Allottee(s)to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Association of allotteesAllottee(s), as the case may be, after the issuance of the completion certificate for the projectProject. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment Said Unit, to the Allottee at the time of conveyance of the same. 7.2.1 7.2.1. It is clarified that the Promoter shall be deemed to have duly complied with all its obligations obligation in case the Promoter issues notice of completion to the Allottee Allottee(s) on or before the date mentioned in Clause 7.1 above.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentDesignated Unit, to the Allottee in terms of this Agreement to be taken within 2 3 (twothree) months from the date of the issue of such certificate Subject To the terms completion certificate. Provided that the delivery of the Agreement possession and the Allottee making payment execution of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be simultaneously carried out by the promoter Promoter within 3 months from the date of issue of occupancy / such completion certificate certificate, subject to the Allottee making discharging all its obligations (including payment on account obligations) contained in this Agreement. Provided further that the Allottee may, upon a written intimation by the Promoter stating that the Architect has confirmed that the Designated Unit is (1) ready to be occupied and is in habitable condition; and (2) the lift in the Building where such Designated Unit is located is functional, may accept possession of the Designated Unit upon being so intimated by the Promoter. Provided if the Allottee takes such possession and pays the Total Price, stamp duty, registration fee charges etc., Provided Further That and gets the Promoter shall not be liable to deliver possession of conveyance registered in its favor, the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges CAM Charges as determined by the Promoter/ association Maintenance Agency/Association, as the case may be after taking possession of allotteesthe Designated Unit and/or registration of the Deed of Conveyance, whichever is earlier. The Promoter shall hand over the copy of the completion certificate of the Designated Unit or the written intimation referred to above, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Procedure for taking 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 Certificate(or at least after application for grant of CC is made) and upon payment of the entire consideration and Extras and Deposits as provided herein and also the requisite Stamp Duty and Registration 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 Occupation /Completion Certificate is received and Deed of Conveyance is executed. (ii) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance of the occupancy certificate/ completion certificate for the project(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (iii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 2 contracts

Sources: Buyers Agreement, Agreement for Sale

Procedure for taking possession. (i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Row House/Bungalow, he will be permitted to do so only upon receiving the Completion Certificate(or at least after application for grant of CC is made) and upon payment of the entire consideration and Extras and Deposits as provided herein and also the requisite Stamp Duty and Registration 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 (ii) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the ApartmentRow House/Bungalow, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Row House/Bungalow within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance of the occupancy certificate/ completion certificate for the project(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (iii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 2 contracts

Sources: Master Agreement for Sale, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate* from the competent authority and the full payment of the plot from the Allottee shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such occupancy certificate Subject To or the terms Registration of plot in favour of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinAllottee, whichever is later. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until thencertificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the project. The Promoter promoter shall handover the copy of hand over the occupancy certificate / completion certificate of the apartment apartment/plot, as the case may be, to the Allottee allottee at the time of conveyance conveyance/registration of the same. 7.2.1 It is clarified that . That it shall be mandatory for the allottee to become a member of " " (Maintenance Society), at the time of possession of the said property, which shall be formed by the residents of project and which shall be responsible for all maintenance and security provisions of the society from onwards. That the maintenance charges collected against "Resident's Welfare Society" and the monthly maintenance charges to be collected in future, shall be kept in fixed deposits or rolled on interest and the maintenance of the project has to be done by the interest accruing from such deposits. The Allottee shall be liable to maintain the minimum balance in the "Resident's Welfare Society" maintenance fund account. The Promoter shall be deemed to have duly complied with all its obligations in case revise the Promoter issues notice of completion to maintenance charges and the Allottee on or before the date mentioned in Clause 7.1 aboveshall be liable to pay such modified maintenance charges as may be revised from time to time, as and when required.

Appears in 2 contracts

Sources: Agreement for Sale, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the ApartmentApartment / Unit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date period mentioned herein or in the notice and the Promoter shall give possession of issue of such certificate the Apartment / Unit to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment / Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall shall, upon being requested by the Allottee, handover the copy of the occupancy certificate / certificate/completion certificate of the apartment said Apartment to the Allottee at the time of conveyance of the sameAllottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 2 contracts

Sources: Deed of Conveyance, Sale Agreement

Procedure for taking possession. The PromoterPromoter No.2, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/email calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter No.2 (subject however to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges to the Promoter No.2 as per requisition of the Promoter No.2) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder as provided by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter No.2 agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoter No.2. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter No.2/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectComplex. The Promoter No.2 shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Complex/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the ApartmentUnit , to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Uni, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance of the occupancy certificate/ completion certificate for the project(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project/Block to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (ii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance or Lease of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 2 contracts

Sources: Agreement for Sale, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the ApartmentApartment / Unit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date period mentioned herein or in the notice and the Promoter shall give possession of issue of such certificate the Apartment / Unit to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment / Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall shall, upon being requested by the Allottee, handover the copy of the occupancy certificate / certificate/completion certificate of the apartment said Apartment to the Allottee Allotee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 2 contracts

Sources: Agreement for Sale, Deed of Conveyance

Procedure for taking possession. The Promoter, upon obtaining a. After completion of construction of the occupancy certificate or Said Unit and after receipt of completion certificate (which may be partial)in respect of said unit, whichever be applicable, from the competent authority Promoter/Developer herein shall offer inform in writing to the Allottee/Purchaser/s that the Said Unit is ready for use and occupation and on receipt of such intimation, The Allottee/Purchaser/s herein shall take the possession of the Apartment, to the Allottee in terms of this Agreement to be taken Said Unit within 2 (two) months 7 days from the date of issue written intimation issued by the Promoter/Developer to the Allottee/Purchaser/s herein intimating that, the Said Unit is ready for use and occupation. In case the Allottee/Purchaser/Allottee fails to take possession within time, such Allottee/Purchaser shall continue to be liable to pay maintenance charges as applicable. b. The Promoter/Developer specifically informed the Allottee/Purchaser/s that, the Said Project is in one phases, common facilities and the construction of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, common facilities will be completed in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months due course on from the date of issue possession of occupancy the said Unit, only after completion of construction of all the buildings/wings in the Said Project as per Said Layout Plan and considering this aspect on construction of the Said Unit and written intimation as stated here to before issued by the Promoter/Developer to the Allottee/Purchaser/s herein, but it will not give ownership right to Allottee/Purchaser but will have only right to use and till handing over it to the Apex Body / completion certificate Federation the promoter will have total control on all such amenities and facilities till handing-over it to Apex body/ Federation. The Allottee/Purchaser/s herein shall have to take the possession as stated above and not entitled to refuse to take the possession on ground of non construction of aforesaid common facilities to the Said Project. c. If the Promoter/Developer herein, fails to complete the construction of the Said Unit, within aforesaid stipulated period then, subject to the terms and conditions of this present, as agreed between the Allottee/Purchaser/s and the Promoter/Developer herein, if the Allottee/Purchaser/s has paid the consideration and other amount to the Promoter/Developer on due date and has not committed any breach of payment then only the Allottee making payment on account /Purchaser/s herein shall be entitled to receive from the Promoter/ Developer, compensation calculated at the rate of stamp duty, registration fee etc., Provided Further That with the Promoter shall not be liable to deliver possession interest as per State Bank of India highest Marginal Cost of Lending rate plus 2% percent per annum consideration of the Apartment Said Unit, from the aforesaid due date subject to extension for the grounds hereto before stated, till the construction of the Unit is completed and ready for handing over the possession to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time Allottee/Purchasers of the Allottee makes payment of all amounts agreed and required to unit. The aforesaid amount will be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee or adjusted at the time of conveyance delivery of possession of the sameSaid Unit. It is further agreed between the parties to that, payment of interest on delayed period on delayed amount paid by the Allottee/Purchaser/s, will not amount that, the delay is condoned on the contrary in such circumstances, on the ground of Allottee/Purchaser/s failed to pay the due installment on due date, amount to breach of aforesaid condition and Allottee/Purchaser will not entitled to receive the aforesaid compensation. 7.2.1 d. It is clarified that further agreed between the Promoter parties hereto that, after receiving the possession of the Said Unit by the Allottee/Purchaser/s in pursuance of this clause, the Allottee/Purchaser/s herein shall not be deemed entitled to have duly complied with all its obligations in case raise any objection or to demand any amount under whatsoever ground from the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 abovePromoter/Developer herein.

Appears in 1 contract

Sources: Articles of Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever whiche ver be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (twotwo ) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants covenant s / obligations herein. [[ Provided thatthat , in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time ti me the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part par t of the Allottee to be observed and performed until then]. The Promoter agrees and an d undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promo ter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause Cla use 7.1 above.

Appears in 1 contract

Sources: Unit Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining issue of the occupancy certificate Partial or completion certificate (which may be partial)Full Occupancy/Completion Certificate by the Corporation, whichever be applicable, from the competent authority shall offer in writing (“Notice for Possession”) the possession of the Apartment, said Apartment to the Allottee in terms of this Agreement to be taken by the Allottee within 2 (two) two months from the date of issue of such occupancy/completion certificate Subject To the terms subject to due compliance of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable Clause 7.1A by the Allottee to and subsequently the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence Deed of local law, the conveyance deed Conveyance in favour of the Allottee shall be carried out executed by the promoter Vendors and the Allottee within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy/Completion Certificate. The Allottee has been made aware and confirms that the Allottee making payment construction of some of the Common Areas including the Landscaped Garden on account of stamp duty, registration fee etc., Provided Further That the Promoter shall roof may not be liable to deliver possession completed and/or usable at the time of issuance of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Notice for Possession and the Allottee has fully performed all use and enjoyment of such Common Areas may not be simultaneous with the terms conditions said Apartment and covenants of this Agreement and on the part of the Allottee to may be observed and performed until then]at a later date. The Promoter agrees shall complete all the Common Areas and undertakes to indemnify make the Allottee same usable in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoterdue course. The Allottee, after issue of notice for taking possession, agree(s) agrees to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allottees, as the case may be, after corporation taxes and other outgoings in respect of the said Apartment Unit from the date of issuance of the completion certificate for the projectCompletion Certificate. The Promoter shall handover hand over the copy of the occupancy certificate / occupancy/completion certificate of the apartment said Apartment to the Allottee at the time of conveyance execution of the Deed of Conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining Vendor on application of the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from to the competent authority shall offer in writing the possession of the ApartmentSchedule-B property, to the Allottee Purchaser/s in terms of this Agreement to be taken within 2 1 (twoone) months month from the date of issue application of such certificate Subject To subject to the terms of the Agreement and the Allottee Purchaser/s making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Purchaser/s to the Promoter Vendor hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Purchaser/s shall be carried out by the promoter Vendor within 3 months 1 (one) month from the date of issue application of occupancy / completion certificate subject to the Allottee Purchaser/s making payment on account of stamp duty, registration fee etc., . Provided Further That further that the Promoter Vendor shall not be liable to deliver possession of the Apartment Schedule-B property to the Allottee Purchaser/s nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Purchaser/s makes payment of all amounts agreed and required to be paid hereunder by the Allottee Purchaser/s and the Allottee Purchaser/s has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Purchaser/s to be observed and performed until then]. The Promoter Vendor agrees and undertakes to indemnify the Allottee Purchaser/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendor. The Allottee, after taking possession, Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter/ association Vendor / Association of allotteesPurchasers, from the date of registration and/or handover of the flat, whichever is earlier, as the case may be, after the issuance of the completion certificate for the project. The Promoter Vendor shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Purchaser/s at the time of conveyance of the same. 7.2.1 . It is clarified that the Promoter Vendor shall be deemed to have duly complied with all its obligations in case the Promoter Vendor issues notice of completion to the Allottee Purchaser/s on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Agreement to Sell

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, (the “Notice of Possession”) to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/email calling upon the Allottee to take possession of the Apartment within a maximum of 45 days from the date of receipt of the said Notice of Possession by the Allottee (the “Possession Date”).Provided that, the conveyance deed of the Apartment in favour of the Allottee shall be taken executed and registered by the Promoter(subject, however to the Allottee making all payments as mentioned in the Schedule C hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of stamp duty, registration charges, and legal charges and expenses to the Promoter as per requisition of the Promoter) within 2 3 (twothree) months from the date of issue of occupancy certificate or such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by whatever name called issued by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out competent authority) as provided by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges and other charges(if any) as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The PromoterDevelopers, upon obtaining the occupancy Completion Certificate/Part Completion Certificate (or such other certificate or completion certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice of Possession by the Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottee shall be taken executed and registered by the Developers (subject, however, to the Allottee making all payments as mentioned in the Part –I of THIRD SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Developer as per requisition of the Developer) within 2 (two) three months from the date of issue of Completion certificate/Part Completion Certificate (or such other certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by whatever name called issued by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out competent authority) as provided by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developers agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDevelopers. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottee, as the case may be after the issuance of the Completion certificate/Part Completion Certificate. The Developers shall hand over a copy of the Completion certificate/Part Completion Certificate (or such other certificate by whatever name called issued by the competent authority) of the Project/Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameApartment in favor of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (if and as applicable and which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate Occupancy/Completion Certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate (if and as applicable) for the project. The Promoter shall handover to the Association the copy of the occupancy certificate / completion certificate (if and as applicable) of the apartment to the Allottee at the time of conveyance of the sameBuilding. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee Buyer in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee Buyer making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Buyer to the Promoter Developer hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Buyer shall be carried out by the promoter Developer within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee Buyer making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter Developer shall not be liable to deliver possession of the Apartment to the Allottee Buyer nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Buyer makes payment of all amounts agreed and required to be paid hereunder by the Allottee Buyer and the Allottee Buyer has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Buyer to be observed and performed until then]. The Promoter Developer agrees and undertakes to indemnify the Allottee Buyer in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The AllotteeBuyer, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/ association of allotteesBuyers, as the case may be, after the issuance of the completion certificate for the project. The Promoter Developer shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Buyer at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter Developer shall be deemed to have duly complied with all its obligations in case the Promoter Developer issues notice of completion to the Allottee Buyer on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy Occupancy Certificate (or such other certificate or completion certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen (15) days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the ApartmentApartment and covered car parking, to the Allottee Allottee(s) in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee(s) to be taken take possession of the Apartment and covered car parking within 2 a maximum of ninety (two90) months days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottee. (the “POSSESSION DATE”). Provided that the conveyance deed of the Apartment and covered car parking in favor of the Allottee(s) shall be executed and registered by the Developer (subject, however, to the Allottee(s) making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment and covered car parking in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That charges and legal charges & expenses to the Promoter shall not be liable to deliver possession Developer as per requisition of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Developer). The Promoter Developer agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Developer/Association of allotteesAllottee, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building/Block/Tower which consist of inter alia the Said Apartment and covered car parking, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottee(s) at the time of conveyance of the sameApartment and covered car parking in favour of the Allottee(s). 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. (a) The Certificate issued by the Architect appointed by the Promoter for the Said Sub- Phase I Project with regard to the completion of construction of the Apartment. (b) On receipt of the Certificate from the Architect as mentioned hereinabove and upon the Allottee/s making payment of the necessary amounts in conformity with the Payment Schedule (Schedule C), provided the Allottee/s is/are not in default of any of the terms and conditions of this Agreement, the Promoter shall intimate the Allottee/s to come for the inspection of the Apartment (“Inspection Notice”) within a period specified in the Inspection Notice. In case the Allottee/s fail/s to turn up for the inspection within the period stipulated in the Inspection Notice, the Apartment would be deemed to have been inspected and accepted by the Allottee/s. During the inspection, the Promoter shall make a list of snags as may be indicated by the Allottee/s and clear the snags within a time period informed to the Allottee/s at the time of inspection. The decision of the Promoter with regard to the clearance of the snags will be final. (c) The Promoter, upon obtaining of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Completion Certificate in part/lots from the competent authority Sanctioning Authority, shall offer serve upon the Allottee/s, a notice in writing to take over the possession of the Apartment (“Possession Notice”) within the period stipulated in the said Possession Notice. (d) The Allottee/s shall participate towards registration of the Sale Deed in respect of the Apartment in the manner mentioned in Clause 11 hereof and take over the possession of the Apartment from the Promoter on any date within the period stipulated in the Possession Notice (“Possession Date”) subject to the payment of the Total Payable Amount in conformity with the Payment Schedule and the complete performance, observance and fulfillment of all the terms and conditions of this Agreement by the Allottee/s. (e) If the Allottee/s, for whatsoever reason, fail/s and/or neglect/s to participate towards registration of the Sale Deed of the Apartment and take over the possession of the Apartment from the Promoter within the period stipulated in the Possession Notice, the Allottee/s shall be deemed to have taken possession upon expiry of the period specified in the Possession Notice for taking over possession of the Apartment (“Deemed Date of Possession”). For all purposes, such Deemed Date of Possession, irrespective of the actual date on which the Allottee/s take/s over the physical possession of the Apartment, will be construed as the Possession Date. It is clarified herein that the actual physical possession of the Apartment will be handed over to the Allottee in terms of this Agreement to be taken within 2 (two) months from Allottee/s only after the date of issue of such certificate Subject To the terms registration of the Agreement and the Allottee making payment Sale Deed of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed Apartment in favour of the Allottee Allottee/s in the manner mentioned in Clause 11 hereof. (f) On and from the Possession Date or the Deemed Date of Possession, as may be applicable: I. The Apartment shall be carried out by at the promoter within 3 months from sole risk and responsibility and cost of the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That Allottee/s and the Promoter shall not have no liability or concern thereof. II. The Allottee/s shall become liable to pay the Maintenance and other Charges or any other outgoings in respect of the Apartment. III. All taxes, deposits and other levies/charges, utility payments imposed, demanded or required to be liable paid to the authorities concerned relating to the Apartment and the undivided interest in the Said Sub- Phase I Project Land shall be borne and paid by the Allottee/s. IV. All other expenses necessary and incidental to the management and maintenance of the Said Sub- Phase I Project as determined by the Promoter/Association of the Allottees as the case may be shall be borne by the Allottee/s. (g) In the event the Promoter is unable to deliver possession of the Apartment within the time frame mentioned in Clause 7.1(b) above due to reasons mentioned in Clause 7.1(c) above, the Promoter shall intimate the Allottee/s of the occurrence of the same and shall complete the Said Sub- Phase I Project within such reasonable extended period as may be intimated to the Allottee nor Allottee/s. (h) It will not be a pre-requisite or condition precedent for the Promoter to execute or cause complete the Common Areas and Common Utilities, Facilities & Amenities for issuance of Possession Notice in respect of the Apartment to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed Allottee/s. The Promoter shall, nonetheless, complete the same within the Possession Period stipulated in Clause 7.1(b). (i) The Allottee/s understand/s and required to be paid hereunder by agree/s that the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the Promoter may develop a part of the Allottee to be observed Said Sub- Phase I Project and performed until then]. The Promoter agrees and undertakes to indemnify defer the Allottee in case development of failure of fulfillment of any some of the provisions, formalities, documentation on part Towers within the Said Sub- Phase I Project without affecting the handover of Apartment to the Promoter. Allottee/s. (j) The Allottee, after taking possession, agree(s) to pay /s understand/s and agree/s that the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy possession of the occupancy certificate / completion certificate various apartments comprised in the Said Sub- Phase I Project or part thereof in parts/lots. The sequence of handover of possession of a particular part/lot of apartments/s in the Said Sub- Phase I Project will be at the sole discretion of the apartment to the Allottee at the time of conveyance of the samePromoter. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. 6.2.1 The Promoter, upon obtaining the completion certificate or the occupancy certificate or completion certificate (which certificate, as the case may be partial)be, whichever be applicable, being obtained from the competent authority and upon receiving all payments from the Allottee as per this Agreement, shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement Agreement, such possession to be taken by the Allottee within 2 two (two2) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to or the Allottee making payment on account of stamp dutyoccupancy certificate, registration fee etc., Provided Further That as the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]case may be. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. 6.2.2 The Allottee shall take possession of the Apartment within 15 (fifteen) days of the written notice from the Promoter to the Allottee intimating that the said Apartment is ready for use and occupancy (hereinafter referred to as the “Possession Date”). The Allottee, after taking possession, agree(s) agrees to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter, Developer or Association, as the case may be, be after the issuance of the completion certificate for the projectProject, in accordance with the provisions of this Agreement. The Promoter shall handover the copy of also hand over the occupancy certificate / completion certificate of the apartment Apartment, if any, to the Allottee at the time of conveyance of the same. 7.2.1 6.2.3 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee in respect of the Apartment, at the cost of the Allottee. 6.2.4 The Promoter agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Promoter shall be deemed fails to have duly complied with pay all its obligations in case or any of the outgoings collected by it from the Allottee or any liability, mortgage, loan and interest thereon before transferring the Apartment to the Allottee, the Promoter issues notice agrees to be liable, even after the transfer of completion the property, to pay such outgoings and penal charges, if any, to the Allottee on authority or before person to whom they are payable and be liable for the date mentioned in Clause 7.1 abovecost of any legal proceedings which may be taken therefor by such authority or person.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. (i) The Unit shall be considered as ready for use and occupation on the date of receipt of OC or any other certificate required for occupation from the competent authorities. (ii) The Promoter, upon after obtaining the occupancy certificate or completion certificate (which may be partial)OC, whichever be applicable, from shall issue the competent authority Offer of Possession letter to the Allottee(s) requesting to make payments as per the Agreement and take possession within such date as mentioned in the Offer of Possession letter. The Allottee(s) shall offer in writing before taking over the possession of the Apartmentsaid Unit, clear all outstanding dues, keep deposited with the Promoter, amounts mentioned in Annexure I and also pay the applicable GST, Value Added Tax, service tax and any other tax, levy, cess or any other charges levied by the statutory authorities in respect of the said Unit (if applicable), by time to time to the Allottee Promoter, for construction and sale of the said Unit. (iii) The Allottee(s) shall also be required to submit a valid and subsisting permission under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (as amended upto 2012) duly procured from the competent authorities to the Promoter. In the event, the Allottee(s) is unable to produce this permission within such date as mentioned in terms the Offer of this Agreement Possession letter, the Promoter shall withheld the handover of possession of the Unit to the Allottee(s) and Holding Charges as mentioned in Annexure G shall be taken within 2 applicable till the Allottee(s) takes actual possession of the Unit, upon receipt of permission under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (twoas amended upto 2012). (iv) months For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence from 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession (for fit outs) or not. Such date shall be referred to as “CAM Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of Possession, the CAM charges or the Unit shall commence from the date of issue which the last installment of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]allotment plus 15 (fifteen) days. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or Organisation, as the case may be. (v) The Promoter, after upon receiving payments made by the issuance Allottee(s) as per this Agreement shall offer in writing the possession of the completion certificate for Unit, to the projectAllottee(s) in terms of this Agreement to be taken within 15 (fifteen) days from the date of issue of such written communication. The Promoter Allottee(s) shall handover the copy take possession of the occupancy certificate / completion certificate of Unit from the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Unit to the Allottee(s). In case the Allottee(s) fails to take possession within the time provided in this Agreement such Allottee(s) shall continue to be liable to pay CAM charges as applicable. (vi) In the event the Allottee(s) fails to take possession of the Unit within such date as mentioned in the Offer of Possession letter, then the Unit shall lie at the risk and cost of the Allottee(s). The maintenance charges and the defect liability period shall commence from the CAM Commencement Date. In addition to payment of interest for delayed payments, the Allottee(s) shall be liable to pay Holding Charges as specified in Annexure G from expiry of CAM Commencement Date till the Allottee(s) takes actual possession of the Unit. The Allottee(s) agrees and acknowledges that the Promoter’s obligation of delivering possession of the Unit shall come to an end and the Promoter shall not be responsible and/or liable for any obligation towards the Allottee(s) for the possession of the said Unit. Under such circumstances it shall be deemed that the Allottee(s) has taken possession of the said Unit. During the period of the said delay by the Allottee(s), the Unit shall remain locked and shall continue to have duly complied with all be in possession of the Promoter but at the sole risk, responsibility and cost of the Allottee(s) in relation to its obligations deterioration in physical condition. (vii) The Allottee(s) hereby agrees that in case the Allottee(s) fails to respond and/or neglects to take possession of the Unit within the aforementioned time as stipulated by the Promoter issues notice and/or cancel / terminate this Agreement, then the Promoter shall also be entitled to reserve his right to forfeit the entire amount received by the Promoter towards the Unit along with interest on default in payment of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveinstalments (if any), applicable taxes and any other charges and amounts.

Appears in 1 contract

Sources: Apartment Buyer’s Agreement

Procedure for taking possession. The PromoterVendor-Cum-Developer, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “ NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Vendor-Cum-Developer (subject, however, to the Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour Vendor-Cum-Developer as per requisition of the Allottee shall be carried out by the promoter Vendor-Cum-Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Vendor-Cum-Developer agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterVendor-Cum-Developer. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Vendor-Cum-Developer/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Vendor-Cum-Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the ApartmentSAID VILLA, to the Allottee in terms of this Agreement to be taken within 2 (two) months one month from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment SAID VILLA to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter or association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy possession to the Allottee in writing within 7 days of receiving the occupancy certificate / completion certificate of the apartment Project. The Allottee shall take possession of the SAID VILLA within 15 days of the written notice from the promoter to the Allottee at intimating that the time SAID VILLA is ready for use of conveyance occupancy. Failure of Allottee to take Possession of SAID VILLA upon receiving a written intimation from the Promoter as per clause ,the Allottee shall take possession of the same. 7.2.1 It is clarified that SAID VILLA from the Promoter by paying all amounts executing necessary indemnities, undertakings and such other documentation as specified in this Agreement, and the Promoter shall give possession of the SAID VILLA to the allottee .In case the Allottee fails to take possession within the time provided in clause , such Allottee shall continue to be deemed liable to have duly complied with pay maintenance charges as applicable including all Government rates, taxes, charges, interest on delay and all other outgoing and expenses of and incidental to the management and maintenance of the said Project and the building thereon. If within a period of five years from the date of handing over the SAID VILLA to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the SAID VILLA or the building in which the Villa are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at its obligations own cost and in case it is not possible to rectify such defects, then the Promoter issues notice of completion Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. In case the allotee(s) carry out any work within the SAID VILLA after taking possession, resulting in cracks and dampness or any other defect within or to the Allottee on adjoining Villas/s, then in such an event the promoter shall not be liable to rectify or before pay compensation. But the date mentioned promoter may offer services to rectify such defects with nominal charges. Hairline cracks and dampness caused due to settlement, humidity, variations in Clause 7.1 abovetemperature, electrical conduits, etc. cannot be considered as defective work.

Appears in 1 contract

Sources: Agreement to Sell

Procedure for taking possession. (a) The Certificate issued by the Architect appointed by the Promoter for the Project with regard to the completion of construction of the Apartment in conformity with the sanctioned building plans and specifications mutually agreed under this Agreement shall be final and binding on the Parties; (b) On receipt of the Certificate from the Architect as mentioned hereinabove and upon the Allottee/s making payment of the necessary amounts in conformity with the Payment Schedule (Schedule C), provided the Allottee/s is/are not in default of any of the terms and conditions of this Agreement, the Promoter shall intimate the Allottee/s to come for the inspection of the Apartment (“Inspection Notice”) within a period specified in the Inspection Notice. In case the Allottee/s fail/s to turn up for the inspection within the period stipulated in the Inspection Notice, the Apartment would be deemed to have been inspected and accepted by the Allottee/s. During the inspection, the Promoter shall make a list of snags as may be indicated by the Allottee/s and clear the snags within a time period informed to the Allottee/s at the time of inspection. The decision of the Promoter with regard to the clearance of the snags will be final. (c) The Promoter, upon obtaining of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Completion Certificate in part/lots from the competent authority Sanctioning Authority, shall offer serve upon the Allottee/s, a notice in writing to take over the possession of the Apartment (“Possession Notice”) within the period stipulated in the said Possession Notice. (d) The Allottee/s shall participate towards registration of the Sale Deed in respect of the Apartment in the manner mentioned in Clause 11 hereof and take over the possession of the Apartment from the Promoter on any date within the period stipulated in the Possession Notice (“Possession Date”) subject to the payment of the Total Payable Amount in conformity with the Payment Schedule and the complete performance, observance and fulfillment of all the terms and conditions of this Agreement by the Allottee/s. (e) If the Allottee/s, for whatsoever reason, fail/s and/or neglect/s to participate towards registration of the Sale Deed of the Apartment and take over the possession of the Apartment from the Promoter within the period stipulated in the Possession Notice, the Allottee/s shall be deemed to have taken possession upon expiry of the period specified in the Possession Notice for taking over possession of the Apartment (“Deemed Date of Possession”). For all purposes, such Deemed Date of Possession, irrespective of the actual date on which the Allottee/s take/s over the physical possession of the Apartment, will be construed as the Possession Date. It is clarified herein that the actual physical possession of the Apartment will be handed over to the Allottee in terms of this Agreement to be taken within 2 (two) months from Allottee/s only after the date of issue of such certificate Subject To the terms registration of the Agreement and the Allottee making payment Sale Deed of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed Apartment in favour of the Allottee Allottee/s in the manner mentioned in Clause 11 hereof. (f) On and from the Possession Date or the Deemed Date of Possession, as may be applicable: I. The Apartment shall be carried out by at the promoter within 3 months from sole risk and responsibility and cost of the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That Allottee/s and the Promoter shall not have no liability or concern thereof. II. The Allottee/s shall become liable to pay the Maintenance and other Charges or any other outgoings in respect of the Apartment. III. All taxes, deposits and other levies/charges, utility payments imposed, demanded or required to be liable paid to the authorities concerned relating to the Apartment and the undivided interest in the Project Land shall be borne and paid by the Allottee/s. IV. All other expenses necessary and incidental to the management and maintenance of the Project as determined by the Promoter/Association of the Allottees as the case may be shall be borne by the Allottee/s. (g) In the event the Promoter is unable to deliver possession of the Apartment within the time frame mentioned in Clause 7.1(b) above due to reasons mentioned in Clause 7.1(c) above, the Promoter shall intimate the Allottee/s of the occurrence of the same and shall complete the Project within such reasonable extended period as may be intimated to the Allottee nor Allottee/s. (h) It will not be a pre-requisite or condition precedent for the Promoter to execute or cause complete the Common Areas and Common Utilities, Facilities & Amenities for issuance of Possession Notice in respect of the Apartment to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed Allottee/s. The Promoter shall, nonetheless, complete the same within the Possession Period stipulated in Clause 7.1(b). (i) The Allottee/s understand/s and required to be paid hereunder by agree/s that the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the Promoter may develop a part of the Allottee to be observed Project and performed until then]. The Promoter agrees and undertakes to indemnify defer the Allottee in case development of failure of fulfillment of any some of the provisions, formalities, documentation on part Clusters/Towers within the Project without affecting the handover of Apartment to the Promoter. Allottee/s. (j) The Allottee, after taking possession, agree(s) to pay /s understand/s and agree/s that the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy possession of the occupancy certificate / completion certificate various apartments/shops comprised in the Project or part thereof in parts/lots. The sequence of handover of possession of a particular part/lot of apartments/shops in the Project will be at the sole discretion of the apartment to the Allottee at the time of conveyance of the samePromoter. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. (a) A certificate shall be issued by the Architect appointed by the Promoter for Project Sunshine One with regard to the completion of construction of the Apartment. (b) On receipt of the certificate from the Architect as mentioned hereinabove and upon the Allottee/s making payment of the necessary amounts in conformity with the Payment Schedule (Schedule C), provided the Allottee/s is/are not in default of any of the terms and conditions of this Agreement, the Promoter shall intimate the Allottee/s to come for inspection of the Apartment (“Inspection Notice”) within a period specified in the Inspection Notice. In case the Allottee/s fail/s to turn up for the inspection within the period stipulated in the Inspection Notice, the Apartment would be deemed to have been inspected and accepted by the Allottee/s. During the inspection, the Promoter shall make a list of snags as may be indicated by the Allottee/s and clear the snags within a time period informed to the Allottee/s at the time of inspection. The decision of the Promoter with regard to the clearance of the snags will be final. (c) The Promoter, upon obtaining of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Completion Certificate in parts/lots from the competent authority Sanctioning Authority, shall offer serve upon the Allottee/s, a notice in writing to take over the possession of the Apartment (“Possession Notice”) within the period stipulated in the said Possession Notice. (d) The Allottee/s shall participate towards registration of the Sale Deed in respect of the Apartment in the manner mentioned in Clause 10 hereof and take over the possession of the Apartment from the Promoter on any date within the period stipulated in the Possession Notice (“Possession Date”) subject to the payment of the Total Payable Amount in conformity with the Payment Schedule and the complete performance, observance and fulfillment of all the terms and conditions of this Agreement by the Allottee/s. (e) If the Allottee/s, for whatsoever reason, fail/s and/or neglect/s to participate towards registration of the Sale Deed of the Apartment and take over possession of the Apartment from the Promoter within the period stipulated in the Possession Notice, the Allottee/s shall be deemed to have taken possession upon expiry of the period specified in the Possession Notice for taking over possession of the Apartment (“Deemed Date of Possession”). For all purposes, such Deemed Date of Possession, irrespective of the actual date on which the Allottee/s take/s over the physical possession of the Apartment, will be construed as the Possession Date. It is clarified herein that the actual physical possession of the Apartment will be handed over to the Allottee in terms of this Agreement to be taken within 2 (two) months from Allottee/s only after the date of issue of such certificate Subject To the terms registration of the Agreement and the Allottee making payment Sale Deed of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed Apartment in favour of the Allottee Allottee/s in the manner mentioned in Clause 10 hereof. (f) On and from the Possession Date or the Deemed Date of Possession, as may be applicable: (i) The Apartment shall be carried out by at the promoter within 3 months from sole risk and responsibility and cost of the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That Allottee/s and the Promoter shall not have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay the maintenance and other charges or any other outgoings in respect of the Apartment; (iii) All taxes, deposits and other levies/charges, utility payments imposed, demanded or required to be liable paid to the authorities concerned relating to the Apartment and the undivided interest in Project Sunshine One Land shall be borne and paid by the Allottee/s; (iv) All other expenses necessary and incidental to the management and maintenance of the Project Sunshine One as determined by the Promoter/Association of the Allottees as the case may be shall be borne by the Allottee/s; (g) In the event the Promoter is unable to deliver possession of the Apartment within the time frame mentioned in Clause 7.1(b), due to Force Majeure Event or due to default of the Allottee, the Promoter shall intimate the Allottee/s of the occurrence of the same and shall complete e Project Sunshine One within such reasonable extended period as may be intimated to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time Allottee/s. (h) The Allottee/s understand/s and agree/s that the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the Promoter may develop a part of Project Sunshine One and defer the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case development of failure of fulfillment of any some of the provisions, formalities, documentation on part Towers within Project Sunshine One without affecting the handover of Apartment to the Promoter. Allottee/s. (i) The Allottee, after taking possession, agree(s) to pay /s understand/s and agree/s that the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy possession of the occupancy certificate / completion certificate various apartments comprised in Project Sunshine One or part thereof in parts/lots. The sequence of handover of possession of a particular part/lot of apartments/s in the Project Sunshine One will be at the sole discretion of the apartment to the Allottee at the time of conveyance of the samePromoter. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The PromoterPromoters, upon obtaining the occupancy certificate and or completion certificate (which may be partial( or such other certificate by whatever name called issued by the competent authority), whichever be applicable, from the competent authority shall offer within a maximum period of fifteen days from such date, shall issue a letter (the “NOTICE OF POSSESSION”) offering in writing the possession of the ApartmentUnit, to the Allottee in terms of this Agreement by sending the notice of such offer by way of speed post/e- mail calling upon the Allottee to be taken take possession of the Unit within 2 (two) months a maximum of forty five days from the date of issue the said Notice of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein“POSSESSION DATE/DEEMED DATE OF POSSESSION”). [Provided that, in the absence of local law, that the conveyance deed of the Unit in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in thePart II of the SIXTH SCHEDULE hereto and taking possession of the Unit in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Promoters agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoters. The Allottee, after taking possessionpossession and/or from the Deemed Date of Possession, agree(s) to pay the maintenance charges charges,taxes etc as determined by the Promoter/ association Promoter/Association of allottees. The Promoters shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project/ Unit, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance Deed of Assignment of the samecommercial unit in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Assignment Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate* from the competent authority competentauthority shall offer in writing the possession of the Flat/Apartment, to the Allottee in terms of this Agreement to be taken within 2 3 (two) three months from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Developer shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Flat/Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter Developer on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within occupancy certificate* of the Project. days of receiving the Failure of Allottee to take Possession of Flat/Apartment: Upon receiving a written intimation from the Developer as per clause 7.2, the Allottee shall take possession of the Flat/Apartment from the Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Developer shall give possession of the Flat/Apartment 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. After obtaining the occupancy certificate* and handing over physical possession of the same. 7.2.1 It is clarified that Flat/Apartment to the Promoter Allottees, it shall be deemed the responsibility of the Developer to have duly complied with all its obligations in case hand over the Promoter issues notice of completion necessary documents and plans, including common areas, to the Allottee on association of the Allottees or before the date mentioned in Clause 7.1 abovecompetent authority, as the case may be, as per the local laws.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentUnit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance lease deed in favour of the Allottee shall be carried out by the promoter within 3 months from Promoter and the date Lessor in terms of issue of occupancy / completion certificate this agreement subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment Unit to the Allottee nor to execute or cause to be executed any Sale Lease Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the applicable occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance lease of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Lease Agreement

Procedure for taking possession. (i) The Unit shall be considered as ready for use and occupation on the date of receipt of completion certificate or any other certificate required for occupation from the competent authorities. (ii) The Promoter, upon after obtaining the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from shall issue the competent authority Offer of Possession letter to the Allottee(s) requesting to make payments as per the Agreement and take possession within such date as mentioned in the Offer of Possession letter. The Allottee(s) shall offer in writing before taking over the possession of the Apartmentsaid Unit, clear all outstanding dues, keep deposited with the Promoter, amounts mentioned in Schedule C and also pay the applicable taxes to the Allottee Promoter, as mentioned herein. The Allottee(s) shall take possession of the Unit from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in terms of this Agreement and the Promoter shall give possession of the Unit to the Allottee(s). (iii) For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence from end of 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession or not. Such date shall be taken within 2 (two) months referred to as “CAM Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of Possession, the CAM charges on the Unit shall commence from the date of issue which the last installment of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]allotment plus 15 (fifteen) days. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or Organisation, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It (iv) The Allottee(s) agrees and undertakes that on receipt of possession, if the Allottee(s) is clarified that desirous to carry out any interior fit out work, the Promoter same shall be deemed to have duly complied with all its obligations carried out as per the provisions set out in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveAnnexure 9 hereto.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To SubjectTo the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied comply with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment said Notice of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour favor of the Allottee shall be carried out executed and registered by the promoter Developer (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Developer as per requisition of the Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottee, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining (i) Upon obtainment of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Occupancy Certificate from the competent authority shall offer in writing SRA / MCGM and upon payment by the possession Allottee / s of the Apartment, to requisite Instalments of the Allottee Sale Consideration and all other amounts due and payable in terms of this Agreement to be taken within 2 (two) months from Agreement, the date of issue of such certificate Subject To the terms Promoter shall offer possession of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject said Premises to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]/ s in writing (“ Possession Notice”). The Promoter Allottee / s agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or the Society, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at / s in writing within 7 days of receiving the time of conveyance Occupancy Certificate of the sameReal Estate Project. 7.2.1 It is clarified that (ii) The Allottee / s shall take possession of the said Premises within 15 days of the Possession Notice. (iii) Upon receiving the Possession Notice from the Promoter as per Clause 7(ii) above, the Allottee / s shall take possession of the said Premises from the Promoter by executing necessary indemnities, undertakings and such other documentation as may be prescribed by the Promoter, and the Promoter shall be deemed to have duly complied with all its obligations in case give possession of the Promoter issues notice of completion said Premises to the Allottee on / s. Irrrrreessppeecctive of whether the Allottee / s takes or before fails to taakkee ppoosssssseeessssiioonn oof the date mentioned Premises within the time provi ded iin Cllause 7(iiii)) above, such Allottee / s shall conttiinue to be liablle to pay maintenance sole discretion, the Allottee / s shall pay to the Promoter provisional monthly contribution of Rs. / - (Rupees ) per month towards the outgoings. The amounts so paid by the Allottee / s to the Promoter shall not carry any interest and shall remain with the Promoter until the Society Transfer Document is duly executed and registered. On execution of the Society Transfer Document, the aforesaid deposits less any deductions as provided for in Clause 7.1 abovethis Agreement, shall be paid over by the Promoter to the Society.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. 6.2.1 The Promoter, upon obtaining the occupancy certificate or completion certificate (which certificate, as the case may be partial), whichever be applicablebe, from the competent authority and upon receiving all payments from the Allottee as per this Agreement, shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement Agreement, such possession to be taken by the Allottee within 2 two (two2) months from the date of issue of such certificate Subject To the terms of occupancy certificate, as the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]case may be. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. 6.2.2 The Allottee shall take possession of the Apartment within [●] ([●]) days of the written notice from the Promoter to the Allottee intimating that the said Apartment is ready for use and occupancy (hereinafter referred to as the “Possession Date”). The Allottee, after taking possession, agree(s) agrees to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter/Association, as the case may be, be after the issuance of the completion certificate for the projectProject, in accordance with the provisions of this Agreement. The Promoter shall handover the also hand over a copy of the occupancy certificate / completion certificate of the apartment Apartment, if any, to the Allottee at the time of conveyance of the same. 7.2.1 6.2.3 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee in respect of the Apartment, at the cost of the Allottee. 6.2.4 The Promoter agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Promoter shall be deemed fails to have duly complied with pay all its obligations in case or any of the outgoings collected by it from the Allottee or any liability, mortgage, loan and interest thereon before transferring the Apartment to the Allottee, the Promoter issues notice agrees to be liable, even after the transfer of completion the property, to pay such outgoings and penal charges, if any, to the Allottee on authority or before person to whom they are payable and be liable for the date mentioned in Clause 7.1 abovecost of any legal proceedings which may be taken therefor by such authority or person.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. (i) The Sub-Lessor/Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Sub-Lessee/Allottee/Purchaser in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed in favour execution of the Allottee Indenture of Lease in favor of the Sub- Lessee/Allottee/Purchaser shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the case may be). However, upon the Sub- Lessor/Promoter giving a written notice, the Sub-Lessee/Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Apartment, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice. The Promoter Sub-Lessor/▇▇▇▇▇▇▇▇ agrees and undertakes to indemnify the Sub- Lessee/Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Sub-Lessor/Promoter. The Allottee, after taking possession, Sub- Lessee/Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Sub-Lessor/Promoter/association of allotteesSub-Lessee/Allottees, as the case may be, . The Sub-Lessor/Promoter on its behalf shall offer the possession to the Sub- Lessee/Allottee in writing after receiving the issuance occupancy certificate/completion certificate (notice of possession). The Sub-Lessor/Promoter shall hand over the photocopy of the completion certificate for the project. The Promoter shall handover the copy Completion Certificate of the occupancy certificate / completion certificate of the apartment Project/Block to the Sub- Lessee/Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (ii) If the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion Common areas including constructed common areas are transferred to the Allottee Association at the time of registration of the Indenture of Lease of the common area to the Association of Sub-Lessee/Allottee/Purchaser, the Sub- Lessee/Allottees shall pay to the Sub-Lessor/Promoter, their share of stamp duty and registration charges payable, by the said Society or Limited Company on such registration of lease or before any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration Indenture of Lease of the project land, the Sub-Lessee/Allottee/Purchaser shall pay to the Sub-Lessor/Promoter, the Sub-Lessee/Allottees/Purchaser ' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such registration of lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 1 contract

Sources: Sub Lease Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, or such other certificate by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, Row Bungalow,(“Notice of Possession”) to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of completion certificate (or such other certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by whatever name called issued by the Allottee to competent authority) (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the said Row Bungalow in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the Fourth Schedule hereto and taking possession of the said Row Bungalow in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges charges, proportionate share of municipal tax and all other outgoings as determined by the Promoter/ Promoter/association of allottees, as the case may be, after on and from the issuance Possession Date. The Promoter shall hand over a copy of the completion certificate for (or such other certificate by whatever name called issued by the project. The Promoter shall handover the copy competent authority) of the occupancy certificate / completion certificate of Project/said Row Bungalow, as the apartment case may be, to the Allottee at the time of conveyance of the samesaid Row Bungalow in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking 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 Certificate(or at least after application for grant of CC is made) (ii) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Occupancy certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To subject to payment of all amounts due and payable under this Agreement and registration of conveyance deed. However, upon the terms of Promoter giving a written notice, the Agreement Promoter shall give and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, after be 3 months from the date of issuance of the completion certificate for the projectCompletion Certificate. The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (iii) At the Promoter time of registration of conveyance, the Allottee shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion pay to the Promoter, the Allottees' share of stamp duty and registration charges payable,. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned said land to be executed in Clause 7.1 abovefavour of the Apex Body or Federation.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The Promoter, Promoter upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate* from the competent authority shall offer in writing the possession of the (Apartment, /Plot) to the Allottee in terms of this Agreement to be taken within 2 two (two3) months (three months) from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment [Apartment/Plot] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter / association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within days of receiving the time of conveyance occupancy certificate* of the same. 7.2.1 It is clarified that Project. 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 be deemed give possession of the (Apartment/Plot) to have duly complied with all its obligations in the allottee. In case the Promoter issues notice 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. Provided that where the allottee proposes to cancel/withdraw from the project without any fault of completion 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 on or before the date mentioned in Clause 7.1 aboveallottee within 45 days of such cancellation.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The PromoterThePromoter , upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincompletion certificate. [Provided that, in the absence of local law, the The conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter and the Landowner within 3 three months from the date of issue of occupancy / completion certificate subject to provided the Allottee making payment on account of accepts such possession and pays the Total Price, stamp duty, registration fee etc.charges, Provided Further That incidental expenses and other applicable amounts and executes as well as admits execution of such conveyance deed before the concerned registering authority. The Landowner and the Promoter shall not be liable to deliver possession complete the transfer of the Apartment Common Areas, Amenities and Installations as per the provisions of the Act. The Allottee shall bear and pay a sum equivalent to 0.50% (zero point five per cent) of the consolidated price without GST plus applicable taxes to the Allottee nor to execute or cause to be executed any Sale Deed or person nominated by the Promoter towards the documentation charges for the preparation of this agreement, the proposed deed of conveyance and other instruments until necessary documents (if any) for transfer of the said Apartment (if any). It is agreed that such time the Allottee makes payment of all amounts agreed and required to documentation charges shall be paid hereunder by the Allottee and in the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part manner mentioned in PART - III of the Allottee to be observed and performed until then]SCHEDULE – I hereunder written. The Promoter agrees agree and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possessionpossession (actual or deemed as the case may be), agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter / Association, as the case may be, be after the issuance of the completion certificate for the project. The Promoter shall handover hand over the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy Occupancy Certificate or such other certificate or completion certificate (which may be partial), whichever be applicable, by whatever name called/ issued by the competent authority from the competent authority shall offer in writing the possession of the Apartment/Villa], to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such certificate Subject To Occupancy Certificate. The Allottee shall clear all his/her/their dues within the terms time specified in the offer of possession and take over possession of the Agreement Apartment/Villa. The execution of title documents including possession letter, conveyance deed and the Allottee making payment possession of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed Said Apartment/Villa in favour of the Allottee shall be carried out subject to receipt of the Total Price and all other charges / amounts from the Allottee as detailed in this Agreement. The Allottee shall comply with and abide by applicable rules, regulations, terms and conditions prescribed/imposed by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]competent authorities. The Promoter agrees and undertakes to indemnify the and Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allotteesAllottees, as the case may be, be after the issuance of the completion certificate Occupancy Certificate for the projectProject. The Promoter shall handover hand over the copy of the occupancy certificate / completion certificate Occupancy Certificate of the apartment Apartment/Villa to the Allottee Allottee, if requested, at the time of conveyance of the same. 7.2.1 It is clarified that . The Allottee shall also pay Interest Free Maintenance Security Deposit (“IFMS”) calculated @ Rs. /- (Rupees ) per sq. ft. of the Promoter Carpet Area of the said Apartment/Villa as per the Price Schedule and Payment Plan annexed herewith. In addition to the above, the other terms and conditions relating to maintenance services, use of Common Areas and facilities and maintenance, payment of IFMS, sinking fund, maintenance charges, shall be deemed as set out in the maintenance agreement to have duly complied with all its obligations in case be executed by the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveAllottee.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentUnit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance sub-lease deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate & receiving permission from ▇▇▇▇▇/UDD, subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment Unit to the Allottee nor to execute or cause to be executed any Sale Sub-lease Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment unit to the Allottee at the time of conveyance sub-lease of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sub Lease Agreement

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, , to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Apartment, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance occupancy certificate/ completion certificate /Partial Completion Certificate of the completion certificate for the projectBlock(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate Completion / completion certificate Partial Completion Certificate of the apartment Project/Block to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (ii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance or Lease of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. 6.2.1 The Promoter, upon obtaining the occupancy completion certificate or completion certificate (which the occupancy certificate, as the case may be partial), whichever be applicablebe, from the competent authority and upon receiving all payments from the Allottee as per this Agreement, shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement Agreement, such possession to be taken by the Allottee within 2 two (two2) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to or the Allottee making payment on account of stamp dutyoccupancy certificate, registration fee etc., Provided Further That as the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]case may be. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. 6.2.2 The Allottee shall take possession of the Apartment within [●] ([●]) days of the written notice from the Promoter to the Allottee intimating that the said Apartment is ready for use and occupancy (the actual date on which the Allottee takes possession of the Apartment, or, the [●]th ([●]) day from the date of such notice by the Promoter, whichever is earlier, shall hereinafter be referred to as the “Possession Date”). The Allottee, after taking possession, agree(s) agrees to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter/Association, as the case may be, be after the issuance of the completion certificate for the projectProject, in accordance with the provisions of this Agreement. The Promoter shall handover the copy of also hand over the occupancy certificate / completion certificate of the apartment Apartment, if any, to the Allottee at the time of conveyance lease of the same. 7.2.1 6.2.3 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee in respect of the Apartment, at the cost of the Allottee. 6.2.4 The Promoter agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Promoter shall be deemed fails to have duly complied with pay all its obligations in case or any of the outgoings collected by it from the Allottee or any liability, mortgage, loan and interest thereon before transferring the Apartment to the Allottee, the Promoter issues notice agrees to be liable, even after the transfer of completion the property, to pay such outgoings and penal charges, if any, to the Allottee on authority or before person to whom they are payable and be liable for the date mentioned in Clause 7.1 abovecost of any legal proceedings which may be taken therefor by such authority or person.

Appears in 1 contract

Sources: Lease Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall vide offer letter (“Offer Letter”) offer in writing the possession of the ApartmentUnit, to the Allottee Allottee(s) in terms of this Agreement Agreement. Within 20 days of the date of offer of possession given to be taken the Allottee(s) by the Promoter, the Allottee(s) shall make payment of all dues, outstanding, interest, if any, maintenance security, upfront maintenance charges etc. to the Promoter and within 2 50 days from clearance of entire dues, outstanding charges, if any, the Allottee(s) shall take physical possession of the Unit and simultaneously get conveyance of his Unit done from the Promoter by getting the conveyance deed/sale deed/sub lease deed registered before the Sub Registrar, Bhiwadi. After the expiry of 3 (twoThree) full calendar months from the date of issue of such completion certificate Subject To the terms i.e Deemed Date of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawPossession , the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession pay the maintenance charges as determined by the Promoter/Owners Association/ Maintenance Agency, as the case may be. The Promoter shall handover the copy of completion certificate of the Apartment Apartment/ Plot, as the case may be, to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such Allottee(s) at the time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part conveyance of the Allottee to be observed and performed until then]same. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterPromoter which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/or on account of any default/delay on the part of the Allottee(s). The AllotteeAllottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, after taking possession1899, agree(s) to pay the maintenance charges as determined Rajasthan ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ and ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ including any actions taken or deficiencies/penalties imposed by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the projectcompetent authority. The Promoter shall handover not be responsible for any damage caused to the copy Unit on account of delay on the part of the occupancy certificate / completion certificate Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It same on “as is clarified that the where is basis”. The Promoter shall not be deemed held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to have duly complied with all its obligations in case the Promoter issues notice any of completion to the Allottee on or before the date mentioned in Clause 7.1 abovemachineries installed like electrical equipment, and transformer, etc.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall vide offer letter (“Offer Letter”) offer in writing the possession of the ApartmentUnit, to the Allottee Allottee(s) in terms of this Agreement Agreement. Within 20 days of the date of offer of possession given to be taken the Allottee(s) by the Promoter, the Allottee(s) shall make payment of all dues, outstanding, interest, if any, maintenance security etc. to the Promoter and within 2 50 days from clearance of entire dues, outstanding charges, if any, the Allottee(s) shall take physical possession of the Unit and simultaneously get conveyance of his Unit done from the Promoter by getting the conveyance deed/sale deed/sub lease deed registered before the Sub Registrar, Jaipur. After the expiry of 3 (twoThree) full calendar months from the date of issue of such completion certificate Subject To the terms i.e Deemed Date of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawPossession , the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession pay the maintenance charges as determined by the Promoter/Owners Association, as the case may be. The Promoter shall handover the copy of completion certificate of the Apartment Apartment, to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such Allottee(s) at the time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part conveyance of the Allottee to be observed and performed until then]same. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterPromoter which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/or on account of any default/delay on the part of the Allottee(s). The AllotteeAllottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, after taking possession1899, agree(s) to pay the maintenance charges as determined Rajasthan ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ and ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ including any actions taken or deficiencies/penalties imposed by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the projectcompetent authority. The Promoter shall handover not be responsible for any damage caused to the copy Unit on account of delay on the part of the occupancy certificate / completion certificate Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It same on “as is clarified that the where is basis”. The Promoter shall not be deemed held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to have duly complied with all its obligations in case the Promoter issues notice any of completion to the Allottee on or before the date mentioned in Clause 7.1 abovemachineries installed like electrical equipment, and transformer, etc.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Subject to the Allottee performing all obligations mentioned under this Agreement for Sale, the Promoter, upon obtaining the occupancy certificate or completion certificate from the Ghaziabad Development Authority, shall issue a written notice to the Allottee, (which may be partial“Possession Notice”), whichever be applicable, from the competent authority shall offer in writing the possession within a period of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months 60 days from the date of issue of such certificate Subject To the terms issuance of the Agreement and occupancy certificate. Upon receipt of Possession Notice, the Allottee making payment will have to comply with the requirements as below mentioned within 30 (thirty) days from the date of Possession Notice. (i) Payment of any unpaid amounts as provided herein and as otherwise applicable under Applicable Laws; (ii) Payment of the entire balance consideration and all other amounts and deposits payable Conveyance Charges as demanded by the Allottee to Promoter; (iii) Execution of necessary indemnities, undertakings, Project Maintenance Agreement, Electricity Agreement, and the likes as may be required or suggested by the Promoter hereunder in respect of the Apartment and fulfilling all his to get the same stamped and registered as required under Applicable Laws with the jurisdictional Sub-Registrar upon payment of applicable stamp duty and other covenants / obligations hereinapplicable charges directly by the Allottee. [Provided that, in the absence of local lawApplicable Law, the Promoter shall offer to execute the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of completion certificate/occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then(as applicable)]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) agrees to pay the maintenance charges Maintenance Charges as determined by the Promoter/ association Promoter/MSA/Association of allotteesAllottees, as the case may be, be after the issuance of the completion occupancy certificate for the projectProject. The Promoter shall handover hand over the copy of the occupancy certificate / occupancy/completion certificate of the apartment apartment, to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. 7.2.1 The Promoter, upon obtaining the completion certificate/occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority authority, shall offer in writing the possession of the Apartment, said Unit to the Allottee in terms of this Agreement to be taken within 2 45 (twoforty-five) months days from the date of issue of such certificate notice (“Liability Commencement Date/Possession Date”) and the Promoter shall give possession of the said Unit to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject Subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment said Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed herein and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesMaintenance Company / Promoter / Association, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion possession to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for such fit outs for various utilities like electricity, generator, water, lifts etc., as be determined by the Promoter.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. (i) The Promoter, upon obtaining Unit shall be considered as ready for use and occupation on the occupancy date of application for grant of completion certificate or completion any other certificate (which may be partial), whichever be applicable, required for occupation from the competent authority authorities. (ii) The Promoter shall offer issue the Offer of Possession letter to the Allottee(s) requesting to make payments as per the Agreement and take possession within such date as mentioned in writing the Offer of Possession letter. The Allottee(s) shall before taking over the physical possession of the Apartmentsaid Unit, be required to clear all outstanding dues (including interest, costs and charges), keep deposited with the Promoter, amounts mentioned in Schedule C & E and also pay the applicable taxes to the Allottee Promoter, as mentioned herein. (iii) The Allottee(s) shall take possession of the Unit from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in terms of this Agreement and the Promoter shall give possession of the Unit to the Allottee(s). (iv) For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence from end of 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession or not. Such date shall be taken within 2 (two) months referred to as “CAM Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of Possession, the CAM charges on the Unit shall commence from the date of issue which the last installment of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]allotment plus 15 (fifteen) days. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or Organisation, as the case may bebe until handover to the Apartment Owners Association. (v) The Allottee(s) agrees and undertakes that on receipt of possession, after if the issuance of Allottee(s) is desirous to carry out any interior fit out work, the completion certificate for same shall be carried out as per the projectprovisions as may be decided by the Promoter at the relevant time. The Promoter shall handover have the copy of the occupancy certificate / completion certificate of the apartment absolute discretion in deciding from case to the case basis as to whether any permission for Fit Out is to be given to a particular Allottee at the time of conveyance of the same. 7.2.1 It is clarified that and the Promoter shall be deemed solely entitled to have duly complied with all its obligations in case set down any rules / terms and conditions for governing such Fit Out. However no Fit Out shall be permissible without full payment of consideration having been made by the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.Allottee

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. a). The PromoterSELLER/DEVELOPER, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority and the payment made by the PURCHASER as per the agreement shall offer in writing the possession of the Apartment[FLAT], to the Allottee PURCHASER in terms of this Agreement to be taken within 2 (two) months one month from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee SELLER/DEVELOPER shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment [FLAT] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]PURCHASER. The Promoter SELLER/DEVELOPER agrees and undertakes to indemnify the Allottee PURCHASER in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterSELLER/DEVELOPER. The Allottee, after taking possession, PURCHASER agree(s) to pay the maintenance charges as determined by the Promoter/ SELLER/DEVELOPER or association of allotteesPURCHASER’S, as the case may be. The SELLER/DEVELOPER on its behalf shall offer the possession to the PURCHASER in writing within 7 days of receiving the occupancy certificate of the Project. b). Upon obtaining Occupancy Certificate the SELLER/DEVELOPER shall execute/get executed the Conveyance of the SAID FLAT along with undivided proportionate share of land at the cost of the PURCHASER(S) in the names of various the PURCHASER(S) applicable at the market rate prevailing thereon and exclusively to be decided by the SELLER/DEVELOPER only. c). The PURCHASER shall take possession of the SAID FLAT within 15 days of the written notice from the SELLER/DEVELOPER to the PURCHASER intimating that the SAID FLAT is ready for use and occupancy d). Failure of PURCHASER to take Possession of [FLAT] upon receiving a written intimation from the SELLER/DEVELOPER, the PURCHASER shall take possession of the [FLAT] from the SELLER/DEVELOPER by paying all amounts executing necessary indemnities, undertakings and such other documentation as specified in this Agreement, and the SELLER/DEVELOPER shall give possession of the [FLAT] to the PURCHASER. In case the PURCHASER fails to take possession within the time provided, such PURCHASER shall continue to be liable to pay maintenance charges as applicable including all Government rates, taxes, charges, interest on delay and all other outgoing and expenses of and incidental to the management and maintenance of the said Project and the building thereon. e). If within a period of five years from the date of handing over the SAID FLAT to the PURCHASER, the PURCHASER brings to the notice of the SELLER/DEVELOPER any structural defect in the SAID FLAT or the building in which the SAID FLAT are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the SELLER/DEVELOPER at their own cost and in case it is not possible to rectify such defects, then the PURCHASER shall be entitled to receive from the SELLER/DEVELOPER, compensation for such defect in the manner as provided under the Act. In case the PURCHASER carry out any work within the SAID FLAT after taking possession, resulting in cracks and dampness or any other defect within or to the adjoining flat/s, then in such an event the SELLER/DEVELOPER shall not be liable to rectify or pay compensation. But the SELLER/DEVELOPER may offer services to rectify such defects with nominal charges. Hairline cracks and dampness caused due to settlement, humidity, variations in temperature, electrical conduits, etc. cannot be considered as defective work. f). The PURCHASER shall use the SAID FLAT or any part thereof or permit the same to be used only for purpose of residence. He/she shall use the garage or parking space only for purpose of keeping or parking vehicle and not for storing any other goods. g). The PURCHASER along with other PURCHASER(S) of flats in the building shall join in forming and registering the Society or Association or a Limited Company to be known by such name as the SELLER/DEVELOPER may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the bye-laws of the proposed Society and duly fill in, sign and return to the SELLER/DEVELOPER within seven days of the same being forwarded by the SELLER/DEVELOPER to the PURCHASER, so as to enable the SELLER/DEVELOPER to register the common organization of PURCHASER. No objection shall be taken by the PURCHASER if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. h). Within 15 days after notice in writing is given by the issuance SELLER/DEVELOPER to the PURCHASER that the SAID FLAT is ready for use and occupancy, the PURCHASER shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the completion certificate for the project. The Promoter shall handover the copy flat) of outgoings in respect of the occupancy certificate / completion certificate project land and Building/namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks, ▇▇▇▇ collectors, watchman’s, sweepers and all other expenses necessary and incidental to the management and maintenance of the apartment SAID PROPERTY and building/s. Until the association of PURCHASERS is formed and the maintenance of the said structure of the building/s or wings is transferred to it, the PURCHASER shall pay to the Allottee at the time SELLER/DEVELOPER such proportionate share of conveyance of the sameoutgoings as may be determined. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Construction Agreement

Procedure for taking possession. The Promoter, upon obtaining (i) Upon obtainment of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Occupancy Certificate from the competent authority shall offer in writing SRA / MCGM and upon payment by the possession Allottee/s of the Apartment, to requisite Instalments of the Allottee Sale Consideration and all other amounts due and payable in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided thatAgreement, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver offer possession of the Apartment said Premises to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoterwriting (“Possession Notice”). The Allottee, after taking possession, agree(s) /s agrees to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or the Society, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy possession to the Allottee/s in writing within 7 days of receiving the Occupancy Certificate of the occupancy certificate / completion certificate Real Estate Project. (ii) The Allottee/s shall take possession of the apartment said Premises within 15 days from the date mentioned in the Possession Notice. (iii) Post receipt of the Possession Notice, the Allottee/s may undertake any fit out activities in the said Premises at his/her/its/their sole cost, expense and risk, after obtaining all the requisite approvals and permissions from the competent authorities and in accordance with the Fit-Out Guidelines (which shall be prepared by the Promoter which will be provided to the Allottee Allottee/s at the time of conveyance handing over possession of the samesaid Premises) and after depositing such amount as may be specified by the Promoter as an interest-free deposit to secure compliance with the Fit Out Guidelines and, which will be refunded without interest upon completion of the fit outs in accordance with the Fit-Out Guidelines. The Allottee/s is/are aware that the said refund shall be subject to deduction of amounts towards damages, if any, to the Real Estate Project and its common areas etc., and/or any neighbouring flats/premises in the Real Estate Project and/or the equipment’s installed therein and subject to the debris being completely removed from the Real Estate Project and / or the Whole Project. 7.2.1 (iv) Upon receiving the Possession Notice from the Promoter as per Clause 7(ii) above, the Allottee/s shall take possession of the said Premises from the Promoter by executing necessary indemnities, undertakings and such other documentation as may be prescribed by the Promoter, and the Promoter shall give possession of the said Premises to the Allottee/s. Irrespective of whether the Allottee/s takes or fails to take possession of the Premises within the time provided in Clause 7(ii) above, such Allottee/s shall continue to be liable to pay maintenance charges and all other charges with respect to the Premises, as applicable and as shall be decided by the Promoter. (v) Within 15 (fifteen) days of the date mentioned in the Possession Notice, the Allottee/s shall be liable to bear and pay his/her/its proportionate share i.e. in proportion to the carpet area of the said Premises, of outgoings in respect of the Real Estate Project and Free Sale Land including inter-alia, local taxes, betterment charges, other indirect taxes of every nature, or such other levies by the MCGM or other concerned local authority and/or Government, water charges, insurance, common lights, repairs and salaries of clerks, ▇▇▇▇ collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the Real Estate Project and/or the said Free Sale Land. Until the Society is formed and the Society Transfer Document is duly executed and registered, the Allottee/s shall pay to the Promoter such proportionate share of outgoings as may be determined by the Promoter at its sole discretion. The Allottee/s further agrees that till the Allottee's share is so determined by the Promoter at its sole discretion, the Allottee/s shall pay to the Promoter provisional monthly contribution of month towards the outgoings. The amounts so paid by the Allottee/s to the Promoter shall not carry any interest and shall remain with the Promoter until the Society Transfer Document is duly executed and registered. On execution of the Society Transfer Document, the aforesaid deposits less any deductions as provided for in this Agreement, shall be paid over by the Promoter to the Society. (vi) If within a period of 5 (five) years from the date of handing over the said Premises to the Allottee/s; the Allottee/s brings to the notice of the Promoter any structural defect in the said Premises or the said Tower or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects (at actuals) shall be rectified by the Promoter at its own cost and in case it is not possible to rectify such defects, then the Allottee/s shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the RERA. It is clarified that the Promoter shall not be deemed liable for any such defects if the same have been caused by reason of the willful default and/or negligence of the Allottee/s and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottee/s and/or any other allottee/person in the Real Estate Project and/or the ▇▇▇▇▇▇▇▇▇ Project and/or the said Land. (vii) The Allottee/s shall use the said Premises or any part thereof or permit the same to have duly complied with all its obligations in case be used only for purpose of Residential. The Allottee/s shall use the Promoter issues notice said Car Parking Space only for purpose of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveparking vehicle.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the ApartmentApartment / Unit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date period mentioned herein and in such notice and the Promoter shall give possession of issue of such certificate the Apartment / Unit to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment / Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing after receiving the time of conveyance completion / occupancy certificate, as applicable, of the sameProject. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Apartment / Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinsaid Notice Of Possession (POSSESSION NOTICE). [Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd Schedule hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc. expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottee, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project, as the case may be, to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that Apartment in favour of the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.Allottee

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinsaid Notice Of Possession (POSSESSION NOTICE). [Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc. expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Partnership Agreement

Procedure for taking possession. a. The PromoterOwner/ Developer/Promoter on its behalf shall offer the possession to the Purchaser/Allottee in writing upon receiving the occupancy certificate of the Project. In the event the Owner/ Developer/Promoter is claiming the right to occupy the Unit is deemed to have been given by the Authority, upon obtaining the Owner/ Developer/Promoter shall get a certificate from the Architect stating the same. This statement shall suffice as the Occupancy Certificate for this agreement. b. The Owner/ Developer/Promoter shall invite, the Purchaser/Allottee shall inspect the Unit and take possession. The Purchaser/Allottee may exercise his right to inspect, measure, and confirm that he is satisfied with the Unit . Upon the Purchaser/Allottee taking possession, it shall be deemed to be to the satisfaction of the Purchaser/Allottee. No objection thereafter shall be raised on these issues. c. Upon written request by the Purchaser/Allottee, the Owner/ Developer/Promoter shall confirm the final carpet area and usable area of the terrace (if any), usable area of the balcony (if any), usable area of the verandah (if any) and usable area of the utility (if any) that has been Purchased to the Purchaser/Allottee after the construction of the Building is complete and the occupancy certificate or completion certificate is granted by the competent authority. In the event of any variation in the carpet area and usable area of the terrace (which may be partialif any), whichever usable area of the balcony (if any), usable area of d. In the event the carpet area and the usable area of the terrace (if any), usable area of the balcony (if any), usable area of the verandah (if any) and usable area of the utility (if any) is less by over 4%, the same would be applicabletreated as a terminable default and the Purchaser/Allottee/s shall have the option to claim a refund for the area or cancel the Unit purchase by issuing a termination notice to the Owner/ Developer/Promoter. In the event the carpet area and the usable area of the terrace (if any), usable area of the balcony (if any), usable area of the verandah (if any) and usable area of the utility (if any) is more by over 4%, the same shall be treated as a terminable default and the Owner/ Developer/Promoter shall have the option whether to provide a refund of the amounts paid and cancel the Unit purchase by issuing a termination notice to the Purchaser/Allottee/s or claim the proportionate extra amount for the extra area. In case either party exercising their right to terminate the process as per the termination and the consequences of termination herein shall be followed. e. At the time of being invited to take possession, the Purchaser/Allottee/s may express in writing his/her/their dis-satisfaction with the said Unit , or upon possession (having been taken by the Purchaser/Allottee/s after inspection and satisfaction regarding the materials, carpet and usable area and workmanship), the Purchaser/Allottee/s may express, in writing within 14 days from the possession date, his/her/their dis-satisfaction with the said Unit /s. In such a case of receiving the note of dis-satisfaction, the Owner/ Developer/Promoter, at its sole discretion, (without assigning any reason thereof) has the right to terminate this Agreement and in case of such termination, the Owner/ Developer/Promoter shall refund the amounts paid by the Purchaser/Allottee/s to the Owner/ Developer/Promoter along with the interest mentioned in the rules of the Act, from the competent authority date of termination till its realization and Purchaser/Allottee/s shall offer in writing be bound to accept the same and return the possession and cancel these presents as per the provisions of termination stated herein. f. If the Purchaser/Allottee/s requests the keys to the Unit for fit outs/ furniture/ fixtures purposes, the same would be handed over only on the receipt of the balance consideration. This shall not mean handing over of possession. If for whatsoever reasons the Purchaser/Allottee/s occupy the Unit /s before issuance of occupancy certificate by concerned authorities and if it/they (Authority/ies) charge compounding fees or any other fees or fines for the said pre-occupation of the said Unit by the Purchaser/Allottee/s then the Purchaser/Allottee will be solely liable at his/her/their own cost to pay the said amount or any other charges thereto for his/her/their own Unit and proportionate share to common areas and the Purchaser/Allottee/s shall keep the Owner/ Developer/Promoter indemnified for the same. g. The Purchaser/Allottee shall take possession of the Unit within 15 days of the written notice from the Owner/Developer/Promoter to the Purchaser/Allottee intimating that the said Unit/s is/are ready for the use and occupancy. h. Owner/ Developer/Promoter shall give possession of the Unit/s to the Purchaser/Allottee as per the provisions of this Agreement. In case the Purchaser/Allottee fails to take possession within the time provided, the Purchaser/Allottee shall nevertheless be liable to pay maintenance charges as applicable 15 days after the date of receipt of notice by the Owner/ Developer/Promoter to take the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etcsaid Unit., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Articles of Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e- mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Developer (subject, however, to the Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour Developer as per requisition of the Allottee shall be carried out by the promoter Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developer agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 two months from the date of issue of occupancy certificate/completion certificate ( Possession Date). Provided That, in the absence of local law and subject to the Allottee(s) complying with his/her/their obligations hereunder, the conveyance deed in favour of the Allottee(s) shall be carried out by the Owners and the Promoter within 3 (twothree) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee Allottee(s) making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee Allottee(s) nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes Allottee(s) make(s) payment of the Total Price of the said Apartment, Total GST and Total Extras and Deposits as mentioned above and all amounts interests and any other charges as agreed and required to be paid hereunder by the Allottee Allottee(s) and the Allottee has Allottee(s) has/have fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Allottee(s) to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allotteesAllottees, as the case may be, after the issuance of the completion Occupancy certificate/Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. 7.2.1 . The Promoter shall hand over the original occupancy certificate/completion certificate to the Association after the formation of the Association. It is clarified that will not be necessary for the Promoter to complete and install all the Common Areas and Facilities and Amenities before giving possession to the Allottee(s) in terms of clause 7.2 hereinabove. The said Apartment shall be deemed to have duly complied be in a habitable condition as soon as the same is completed internally in accordance with all its obligations the specifications mentioned in case the Part II of the Schedule B hereunder written, the entrance lobby of the Complex and at least one lift of the respective block is made operative and water drainage sewerage and provisional electricity connection are provided in or for the said Apartment. The Allottee(s) shall not withhold or make any delay in payment of the consideration money to the Promoter issues after receiving the possession notice for not making over the part or portion of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveCommon areas and Installations, facilities and amenities which would be under construction at that time.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. (i) The Unit shall be considered as ready for use and occupation on the date of receipt of occupancy certificate or any other certificate required for occupation from the competent authorities. (ii) The Promoter, upon after obtaining the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from shall issue the competent authority Offer of Possession letter to the Allottee(s) requesting to make payments as per the Agreement and take possession within such date as mentioned in the Offer of Possession letter. The Allottee(s) shall offer in writing before taking over the possession of the Apartmentsaid Unit, clear all outstanding dues, keep deposited with the Promoter, amounts mentioned in Schedule C and also pay the applicable taxes to the Allottee Promoter, as mentioned herein. The Allottee(s) shall take possession of the Unit from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in terms of this Agreement and the Promoter shall give possession of the Unit to the Allottee(s). (iii) For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence from end of 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession or not. Such date shall be taken within 2 (two) months referred to as “CAM Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of Possession, the CAM charges on the Unit shall commence from the date of issue which the last installment of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]allotment plus 15 (fifteen) days. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or Organisation, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It (iv) The Allottee(s) agrees and undertakes that on receipt of possession, if the Allottee(s) is clarified that desirous to carry out any interior fit out work, the Promoter same shall be deemed to have duly complied with all its obligations carried out as per the provisions set out in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveAnnexure 9 hereto.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. 6.2.1 The Promoter, upon obtaining the occupancy completion certificate or completion certificate (which the occupancy certificate, as the case may be partial), whichever be applicablebe, from the competent authority and upon receiving all payments from the Allottee as per this Agreement, shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement Agreement, such possession to be taken by the Allottee within 2 two (two2) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to or the Allottee making payment on account of stamp dutyoccupancy certificate, registration fee etc., Provided Further That as the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]case may be. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. 6.2.2 The Allottee shall take possession of the Apartment within [●] ([●]) days of the written notice from the Promoter to the Allottee intimating that the said Apartment is ready for use and occupancy (the actual date on which the Allottee takes possession of the Apartment, or, the [●]th ([●]) day from the date of such notice by the Promoter, whichever is earlier, shall hereinafter be referred to as the “Possession Date”). The Allottee, after taking possession, agree(s) agrees to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter/Association/Apex Body, as the case may be, be after the issuance of the completion certificate for the projectProject, in accordance with the provisions of this Agreement. The Promoter shall handover the copy of also hand over the occupancy certificate / completion certificate of the apartment Apartment, if any, to the Allottee at the time of conveyance lease of the same. 7.2.1 6.2.3 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee in respect of the Apartment, at the cost of the Allottee. 6.2.4 The Promoter agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Promoter shall be deemed fails to have duly complied with pay all its obligations in case or any of the outgoings collected by it from the Allottee or any liability, mortgage, loan and interest thereon before transferring the Apartment to the Allottee, the Promoter issues notice agrees to be liable, even after the transfer of completion the property, to pay such outgoings and penal charges, if any, to the Allottee on authority or before person to whom they are payable and be liable for the date mentioned in Clause 7.1 abovecost of any legal proceedings which may be taken therefor by such authority or person.

Appears in 1 contract

Sources: Lease Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartmentsaid Apartment / Unit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date period mentioned herein and insuch notice and the Promoter shall give possession of issue of such certificate Subject To the said Apartment / Unit to the AllotteeSubjectTo the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the said Apartment / Unit to the Allottee nor to execute or cause to be executed any Sale Sub-Lease Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing after receiving the time of conveyance completion / occupancy certificate, as applicable, of the sameProject. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Apartment / Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 1 contract

Sources: Sub Lease Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartmentsaid Unit, to the Allottee in terms of this Agreement to be taken within 2 3 (twothree) months from the date of issue of such certificate notice and the Promoter shall give possession of the said Unit to the Allottee which shall be in bare shell condition. Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment said Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. .. The Promoter on its behalf shall handover offer the copy possession to the Allottee in writing within 30 days of receiving the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameProject. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority and on receipt of the Total Price of the Apartment and the Total Extras and Deposits and other payables shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 two (two2) months from the date of issue of such occupancy certificate/completion certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein(Possession Date). [Provided thatThat, in the absence of local lawlaw and subject to the Allottee(s) complying with his/her/their obligations hereunder, the conveyance deed Conveyance Deed in favour of the Allottee Allottee(s) shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee Allottee(s) making payment on account of stamp duty, registration fee etc., . Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee Allottee(s) nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes Allottee(s) make(s) payment of all amounts as mentioned in 1.2.1, 1.2.2, 1.2.3 and 1.2.4 agreed and required to be paid hereunder by the Allottee Allottee(s) and the Allottee has Allottee(s) has/have fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Allottee(s) to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottee(s), as the case may be, be after the issuance of the completion certificate Occupancy Certificate/Completion Certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. 7.2.1 It is clarified that the . The Promoter shall be deemed to have duly complied with all its obligations in case hand over copy of the Promoter issues notice of occupancy certificate/completion certificate to the Allottee on or before Association after the date mentioned in Clause 7.1 aboveformation of the Association.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining of the occupancy certificate or certificate, the completion certificate (which certificate, as the case may be partial)be, whichever be applicablefor the Said Project, 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 2 (two2(two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawoccupancy certificate, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteescertificate, as the case may be, after for the Said Project, hereinafter referred to as the “Possession Date”. Irrespective of whether the Allottee/s take/s possession of the Apartment within the Possession Date or not, the Allottee/s shall be deemed to have taken possession of the Apartment on the Possession Date. The Allottee/s shall pay the requisite Stamp Duty, Registration Fee & other charges, hereafter the “Registration Charges”, for registration of the Conveyance Deed of the Apartment, within 3(three) months from the date of issuance of the occupancy certificate, the completion certificate certificate, as the case may be, for the projectsaid Project. The Promoter Developer shall have to execute Deed of Conveyance/Sale and registered in favour of the Allottee/s, immediately after receipt of the Registration Charges. The Developer and the Allottee/s shall fully co- operate with other in this regard. The Allottee/s shall be bound to pay the Maintenance Charges as determined by the Developer or the Flat owners Association, as the case may be, on and from the Possession Date irrespective of whether it takes possession or not given possession for non-registration of the conveyance. The Developer shall handover the a copy of the occupancy certificate / certificate, the completion certificate of certificate, as the apartment case may be, for the said Project to the Allottee Allottee/s at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Designated Apartment, to the Allottee Allotee(s) in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To to the terms of the Agreement agreement and the Allottee Allotee making payment of the entire balance consideration total price and all other amounts and deposits payable by the Allottee Allotee to the Promoter promoter hereunder and fulfilling all his other covenants / obligations herein. [herein Provided that, in the absence of the local law, the conveyance deed in favour favor of the Allottee Allotee shall be carried out by the promoter Promoter within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee Allotee making payment on the account of stamp duty, registration fee fees, etc., Provided Further That the Promoter promoter shall be not be liable to deliver possession of the Apartment designated apartment to the Allottee Allotee nor to execute or cause to be executed any Sale Deed sale deed or any other instruments instrument(s) until such time the Allottee Allotee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Allotee and the Allottee Allotee has fully performed all the terms and conditions and covenants of this Agreement agreement and on the part of the Allottee Allotee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allotee(s) in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The AllotteeAllotee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Association of allotteesAllotees, as the case may be, after the issuance of the completion certificate for the projectProject. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment Project Apartment, to the Allottee at Allotee on or after the time execution of conveyance of the same. 7.2.1 7.2.1. It is clarified that the Promoter shall be deemed to have duly complied with all its obligations obligation in case the Promoter issues notice of completion to the Allottee Allotee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Partnership Agreement

Procedure for taking 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 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 completion certificate (which may be partial), whichever be applicable, 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 2 (two) months from the date of issue of such certificate Subject To subject to payment of all amounts due and payable under this Agreement and registration of conveyance deed. However, upon the terms of Promoter giving a written notice, the Agreement Promoter shall give and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver take possession of the Apartment to within the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time stipulated in the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]written notice. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) Allottee agrees to pay the maintenance charges as determined by the Promoter/ association Association of allotteesAllottees, as the case may be, after the date of issuance of the completion certificate for the projectCompletion/ Occupancy Certificate / notice of possession. The Promoter shall handover upon request hand over the copy photocopy of the occupancy certificate / completion certificate Completion/ Occupancy Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (iii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of execution/registration of conveyance of any part of portion of the Promoter issues notice of completion Common Areas/Common Amenities and Facilities 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 before the date mentioned in Clause 7.1 aboveany document or instrument of transfer.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartmentsaid Unit, to the Allottee in terms of this Agreement to be taken within 2 (two) months 30 days from the date of issue issueof such notice and the Promoter shall give possession of such certificate the said Unit to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment said Unit to the Allottee nor to execute or cause to be executed any Sale the Conveyance Deed or other instruments until such time suchtime the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter / association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within 7 (seven) days of receiving the time of conveyance completion / occupancy certificate, as applicable, of the sameProjector part thereof. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to the completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allotteeshall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment ofcharges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 1 contract

Sources: Not Specified

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Apartment, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance occupancy certificate/ completion certificate /Partial Completion Certificate of the completion certificate for the projectBlock (notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate Completion / completion certificate Partial Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (ii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance or Lease of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Conveyance/Sale Deed

Procedure for taking possession. The Promotera) Subject to the terms of this Agreement, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority Vendor shall offer in writing to the Vendee to take possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 Unit. Within thirty (two30) months days from the date of issue of such certificate Subject To notice, the Vendor shall hand over the possession of the said Unit to the Vendee for his/ her/ their occupation and use in compliance with the provisions of Clause 8. b) Upon receiving an intimation in writing from the Vendor, the Vendee shall in any event not later than 30 days thereof, take possession of the said Unit from the Vendor by executing necessary indemnities, undertakings, and such other documentation as the Vendor/Developer may prescribe and the Vendor shall, after satisfactory execution of such documents and payment by the Vendee of all the amounts/dues as set out in this Agreement including the payment towards stamp duty and registration charges, permit the Vendee to occupy the Unit , on the terms and conditions contained in this Agreement. If the Vendee fails to take possession of the Agreement Unit as aforesaid within the time limit prescribed by the Vendor/Developer in its notice, then the said Unit shall lie at the risk, responsibility and cost of the Vendee in relation to all the damage within the Unit, outgoing cess, taxes, levies etc and the Allottee Vendor shall have no liability or concern thereof and further that the Vendor/Developer shall also be entitled to holding charges as provided under clause 9 and the Vendee shall also be liable to pay applicable maintenance & other Charges. Subject to the Vendee making payment all payments under this Agreement, the Vendor shall prepare and execute in favour and along with the Vendee a conveyance deed to convey the title of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed said Unit in favour of the Allottee shall be carried out Vendee but only after payment by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account Vendee of stamp duty, registration fee etccharges, incidental expenses for registration, legal expenses for registration and all other dues as set forth in this Agreement or as demanded by the Vendor/Developer/Maintenance Agency from time to time prior to the execution of the Conveyance Deed. The Parties agree that after the Vendee has provided all the details and documents as provided in the written notice as stated in this clause and/ or other documents required for the purpose of registration of the Conveyance Deed, the Vendor shall make all reasonable efforts to get the Conveyance Deed registered within a reasonable time. The Vendee agrees and undertakes to make himself/ herself/themselves available for the purpose of registration on the date(s) as informed by the Vendor. If the Vendee is in default of any of the payments as afore stated, then the Vendee authorises the Vendor and the Vendor shall be at liberty to withhold registration of the Conveyance Deed in favour of the Vendee till full and final settlement of all dues to the satisfaction of the Vendor is made and discharged by the Vendee. The Vendee undertakes to execute Conveyance Deed within the time stipulated by the Vendor in its written notice failing which the Vendee authorises the Vendor to cancel the allotment and terminate this Agreement in terms of Clause 15 of this Agreement and to forfeit out of the amounts paid by him/her the ▇▇▇▇▇▇▇ Money, processing fee, brokerage paid/committed, interest on delayed payment, any interest paid, due or payable, any other amount of a non-refundable nature and to refund the balance amount deposited by the Vendee without any interest in the manner prescribed in Clause 15 herein below. c) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Company as per this Agreement relating to such development is brought to the notice of the Company within a period of 5 (five) year by the Vendee from the date of handing over possession, it shall be the duty of the Vendor to rectify such defects without further charge, within 90 (ninety) days, and in the event of Company's failure to rectify such defects within such time, the aggrieved Vendee shall be entitled to receive appropriate compensation in the manner as provided under the Act, Provided Further That that the Promoter Company shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed for any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder structural/architectural defect induced by the Allottee and Vendee, by means of carrying out structural or architectural changes from the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameoriginal specifications/designs. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Unit Buyer's Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or / completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee in terms of this Agreement to be taken within 2 1 (twoOne) months month from the date of issue of such occupancy certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincompletion certificate (Possession Date). [Provided that, in the absence of local lawlaw and subject to the Allottee complying with their obligations hereunder, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 (Three) months from the date of issue of occupancy certificate / completion certificate subject to the Allottee Allottee(s) making payment on account of stamp duty, registration fee etc., . Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes payment of all amounts as mentioned in 1.2.1, and 1.2.2 agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee. The Allottee, after taking possession, agree(s) agree to pay the maintenance charges as determined by the Promoter/ association Promoter / Association of allotteesAllottee, as the case may be, be after the issuance of the completion Occupancy certificate / Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / completion certificate of the apartment Apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the . The Promoter shall be deemed hand over copy of the occupancy certificate / completion certificate to have duly complied the Association after formation of the Association. The Land Owners herein shall jointly execute the sale deed in respect of the said apartment and undivided impartible variable proportionate share in the land in favour of the Allottee simultaneously with all its obligations the delivery of the said apartment but in case any event, within 3 (three) month from the Promoter issues notice date of completion to of the Allottee on proposed buildings and/ or before from the date mentioned in Clause 7.1 aboveof obtaining Certificate and / or Occupancy Certificate from the concerned authorities.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall vide offer letter (“Offer Letter”) offer in writing the possession of the ApartmentUnit, to the Allottee Allottee(s) in terms of this Agreement Agreement. Within 30 days of the date of offer of possession given to be taken the Allottee(s) by the Promoter, the Allottee(s) shall make payment of all dues, outstanding, Delay Payment Charges, if any, maintenance security etc. to the Promoter and within 2 50 days from clearance of entire dues, outstanding charges, if any, the Allottee(s) shall take physical possession of the Unit and simultaneously get conveyance of his Unit done from the Promoter by getting the conveyance deed/sale deed/sub lease deed registered before the Sub Registrar, Bhiwadi. After expiry of 3 (twoThree) full calendar months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawcompletion certificate, the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession pay the maintenance charges as determined by the Promoter/Owners Association/ Maintenance Agency, as the case may be. The Promoter shall handover a copy of completion certificate of the Apartment Apartment/ Plot, as the case may be, to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such Allottee(s) at the time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part conveyance of the Allottee to be observed and performed until then]same. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterPromoter which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/or on account of any default/delay on the part of the Allottee(s). The AllotteeAllottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, after taking possession1899, agree(s) to pay the maintenance charges as determined Rajasthan Stamp Act, 1998 and Registration Act, 1908 including any actions taken or deficiencies/penalties imposed by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the projectcompetent authority. The Promoter shall handover not be responsible for any damage caused to the copy Unit on account of delay on the part of the occupancy certificate / completion certificate Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It same on “as is clarified that the where is basis”. The Promoter shall not be deemed held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to have duly complied with all its obligations in case the Promoter issues notice any of completion to the Allottee on or before the date mentioned in Clause 7.1 abovemachineries installed like electrical equipment, and transformer, etc.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promotera. Upon completion of the said ▇▇▇▇▇▇▇▇▇ ASPIRE and on obtaining Full/Part Occupation Certificate for the ▇▇▇▇▇▇▇▇▇ ASPIRE and Subject to the Purchaser/s not being in breach of any of the terms and conditions hereof and the Purchaser/s paying the entire consideration and other dues and charged payable by the Purchaser/s under this Agreement, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from Promoter shall endeavor to complete the competent authority shall offer in writing the construction of ▇▇▇▇▇▇▇▇▇ ASPIRE and give possession of the Apartment, said Flat to the Allottee Purchaser/s on or before 31.03.2027. b. If the Promoter fails or neglects to give possession of the said Flat to the Purchaser/s on account of reasons beyond its control and of their agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Purchaser/s the amounts already received by them in terms respect of this Agreement to be taken within 2 the said Flat with interest as specified in the Rules (twoclause 21 hereinabove) months from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of issue time for giving delivery of such certificate Subject To said Flat on the terms aforesaid date, if the completion of building in which the said Flat is to be situated is delayed on account of – c. After possession of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee said Flat is handed over to the Purchaser/s, if any additions or alterations (not arising by reason of any breach bythe Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local any law, rules or regulations) in or about or relating to the conveyance deed in favour of said ▇▇▇▇▇▇▇▇▇ ASPIRE and/or the Allottee said Flat are required to be carried out by any statutory authority, the same shall be carried out by the promoter within 3 months from Purchaser/s and the date other acquirers of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That Flat in the said ▇▇▇▇▇▇▇▇▇ ASPIRE at their own costs and the Promoter shall will not in any manner be responsible or liable to deliver for the same. d. Under no circumstances the possession of the Apartment said Flat shall be given to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments Purchaser/s unless and until such time the Allottee makes payment of all amounts agreed and payments required to be paid hereunder made under this Agreement by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Purchaser/s has/have been made by him/her/them. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) Purchaser/s agree/s to pay the maintenance charges as determined by the Promoter/ association Promoter or Association of allotteesPurchasers, as the case may be, after be and the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate MCGM Taxes / completion certificate of the apartment to the Allottee at the time of conveyance of the sameAssessment as levied bythe said Authority. 7.2.1 It is clarified that the Promoter e. The Purchaser/s shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before delivery of possession pay to the date mentioned Promoter the following amounts: i. Rs.600/- towards share money, application & entrance fee of the society ii. Rs. /- for proportionate share of taxes in Clause 7.1 aboverespect of Society.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining Vendors / Confirming Party on application of the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from to the competent authority shall offer in writing the possession of the ApartmentSchedule-A property, to the Allottee Purchaser/s in terms of this Agreement to be taken within 2 1 (twoone) months month from the date of issue application of such certificate Subject To subject to the terms of the Agreement and the Allottee Purchaser/s making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Purchaser/s to the Promoter Vendors / Confirming Party hereunder and fulfilling all his his/her/their other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Purchaser/s shall be carried out by the promoter Vendors / Confirming Party within 3 months 1 (one) month from the date of issue application of occupancy / completion certificate subject to the Allottee Purchaser/s making payment on account of stamp duty, registration fee etc., . Provided Further That further that the Promoter Vendors / Confirming Party shall not be liable to deliver possession of the Apartment Schedule-A property to the Allottee Purchaser/s nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Purchaser/s makes payment of all amounts agreed and required to be paid hereunder by the Allottee Purchaser/s and the Allottee Purchaser/s has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Purchaser/s to be observed and performed until then]. The Promoter agrees Vendors / Confirming Party agree and undertakes undertake to indemnify the Allottee Purchaser/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendors / Confirming Party. The Allottee, after taking possession, Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter/ association Vendors / Confirming Party / Association of allotteesPurchasers from the date of registration and/or handover of the units/flats, whichever is earlier, as the case may be, after the issuance of the completion certificate for the project. The Promoter Vendors / Confirming Party shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Purchaser/s at the time of conveyance of the same. 7.2.1 . That in addition to the aforesaid maintenance charges, the Purchaser/s shall also pay annual maintenance charges as determined by the Vendors / Confirming Party / Association of Purchasers with respect to maintenance of Mechanical Parking from the date of registration and/or handover of the parking space/s, whichever is earlier, as the case may be. It is clarified that the Promoter Vendors / Confirming Party shall be deemed to have duly complied with all its obligations in case the Promoter Vendors / Confirming Party issues notice of completion to the Allottee Purchaser/s on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Agreement to Sell

Procedure for taking possession. The Promoter, Promoter upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from Completion Certificate/ Partial Completion Certificate by the competent authority (“Liability Commencement Date”) shall offer in writing the possession of the ApartmentSaid Apartment And Properties Appurtenant Thereto (provided the Allottee is not in breach of any term or condition mentioned herein) by issuing a possession notice along with the final demand letter (together to be termed as Possession Notice) totheAllotteeinterms ofthis Agreement. Upon following all the due compliances as stated in the Possession Notice, and registering the conveyance of the Said Unit, exclusive physical possession of the Said Unit, would be delivered to the Allottee (although the Allottee shall become liable for Common Expenses and Rates & Taxes from the Date of Possession Notice) and in addition, all statutory taxes and penalties shall also be borne and paid by the Allottee. In case physical possession of the Unit be withheld by the Promoter due to non- compliance of the Allotee to the terms and conditions of this said Agreement and/or the Possession Notice, possession will be deemed to have been taken by the Allottees on the deemed date of possession (i.e end of 15th day of Possession Notice, to be taken within 2 referred to as the Deemed Possession Date). The Allottee shall become liable for Demurrage /Holding Charges from the Deemed Possession Date and in addition, all interests, statutory taxes and penalties shall also be borne and paid by the Allottee. Additionally, the Allottee agrees(s) to pay the maintenance charges including GST on and from 3 (twoThree) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute Possession Notice/or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, after the issuance irrespective of the completion certificate for the project. The Promoter shall handover the copy allottee taking physical Possession of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the samesaid unit or not. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectPhase 1 of the Project. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the ApartmentRow House or the Town House Unit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to Row House or the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Town House Unit within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance of the occupancy certificate/ completion certificate for the project(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (i) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance or Lease of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The PromoterVendor-Cum-Developer, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment said Notice of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour favor of the Allottee shall be carried out executed and registered by the promoter Vendor-Cum-Developer (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Vendor-Cum-Developer as per requisition of the Vendor-Cum-Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Vendor-Cum-Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterVendor-Cum-Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined dete rmined by the Promoter/ Vendor-Cum-Developer/association of allotteesAllottee, as the case may be after the issuance of the occupancy certificate for the Said Project. The Vendor-Cum-Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. (i) The Promoter, upon obtaining Unit shall be considered as ready for use and occupation on the occupancy date of application for grant of completion certificate or completion any other certificate (which may be partial), whichever be applicable, required for occupation from the competent authority authorities. (ii) The Owner shall offer issue the Offer of Possession letter to the Allottee(s) requesting to make payments as per the Agreement and take possession within such date as mentioned in writing the Offer of Possession letter. The Allottee(s) shall before taking over the physical possession of the Apartmentsaid Unit, be required to clear all outstanding dues (including interest, costs and charges), keep deposited with the Owner, amounts mentioned in Schedule C & E and also pay the applicable taxes to the Allottee Owner, as mentioned herein. (iii) The Allottee(s) shall take possession of the Unit from the Owner by executing necessary indemnities, undertakings and such other documentation as prescribed in terms of this Agreement and the Owner shall give possession of the Unit to the Allottee(s). (iv) For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence from end of 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession or not. Such date shall be taken within 2 (two) months referred to as “CAM Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of Possession, the CAM charges on the Unit shall commence from the date of issue which the last installment of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]allotment plus 15 (fifteen) days. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesOwner or Organisation, as the case may bebe until handover to the Apartment Owners Association. (v) The Allottee(s) agrees and undertakes that on receipt of possession, after if the issuance of Allottee(s) is desirous to carry out any interior fit out work, the completion certificate for same shall be carried out as per the projectprovisions as may be decided by the Owner at the relevant time. The Promoter Owner shall handover have the copy of absolute discretion in deciding from case to case basis as to whether any permission for Fit Out is to be given to a particular Allottee and the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter Owner shall be deemed solely entitled to have duly complied with all its obligations in case set down any rules / terms and conditions for governing such Fit Out. However no Fit Out shall be permissible without full payment of consideration having been made by the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.Allottee

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the ApartmentRow House / Bungalow, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Row House / Bungalow, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance occupancy certificate/ completion certificate /Partial Completion Certificate of the completion certificate for the projectBlock(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate Completion / completion certificate Partial Completion Certificate of the apartment Project/Row House to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (ii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance or Lease of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The Owner/Promoter, upon obtaining the occupancy certificate (or completion certificate (which may be partial), whichever be applicable, such other certificate by whatever name called issued by the competent authority) from the competent authority or from the Architect/Engineer of the Project shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION") offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e- mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Owner/Promoter (subject, however, to the Allottees making all payments as mentioned in the SCHEDULE “C” hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Owner/Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour as per requisition of the Allottee shall be carried out by the promoter Owner/Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute certificate (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Owner/Promoter agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment fulfillment of any of the provisions, formalities, documentation on the part of the Owner/Promoter. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project/ from the date of possession of the apartment by the Allottee, which ever is earlier. The Owner/Promoter shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate* from the competent authority competentauthority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be tobe taken within 2 3 (two) three months from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment the[Apartment/Plot] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment offulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay topay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesofallottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from thePromoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter byexecuting necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, andthe Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possessionwithin the time of conveyance provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges asapplicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession ofthe [Apartment/Plot] to the Allottees, it shall be the responsibility of the same. 7.2.1 It Promoter to hand over the necessarydocuments and plans, including common areas, to the association of the Allottees or the competent authority, asthe case may be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project asprovided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter,the promoter herein is clarified that entitled to forfeit the Promoter booking amount paid for the allotment. Thebalance amount of moneypaid by the allottee shall be deemed to have duly complied with all its obligations in case returned by the Promoter issues notice of completion promoter to the Allottee on or before the date mentioned in Clause 7.1 aboveallottee within 45 days of such cancellation.

Appears in 1 contract

Sources: Agreement for Sale

Procedure for taking possession. The PromoterPromoters, upon obtaining the occupancy certificate or completion such other certificate (which may be partial), whichever be applicable, from by whatever name called issued by the competent authority Authority, shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment said Notice of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE /DEEMED DATE OF POSSESSION”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoters (subject, however, to the Allottee making all payments as mentioned in the Fifth Schedule hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoters as per requisition of the Developer ) within 3 three months from the date of issue of occupancy / completion certificate subject (or such other certificate by whatever name called issued by the competent authority) and the Promoters shall give possession of the Apartmnet to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter Promoters agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoters. The Allottee, after taking possessionpossession and/or from the Deemed Date of Possession, agree(s) to pay the maintenance charges taxes etc as determined by the Promoter/ Promoters/association of allottees, as the case may be, be after the issuance of the completion certificate for the project. The Promoter shall handover the copy Sixth Phase of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameProject/Complex. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Sources: Sale Agreement