Common use of Procedure for taking Clause in Contracts

Procedure for taking. possession — The Promoter, upon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. The Allottee, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees/ Federation, as the case may be for the project. The promoter shall hand over the occupancy certificate of the apartment, as the ease may be, to the allottee at the time of registration of Deed of Assignment of the same. Transfer to the nominee: i. Prior to the execution and registration of the Deed of Sub-Lease/ Assignment and/or Under Lease, as the case may be, (as mentioned herein) in favor of the Allottee in respect of the said Apartment/Residential Apartment, the Allottee shall not be entitled to transfer/nominate/assign his/her/its rights under this Agreement in favor of any third party except with the prior written consent of the Promoter. The Promoter may allow the Allottee to transfer nominate/assign his/her/its rights under this Agreement in respect of the said Apartment/Residential Apartment only if all the following conditions are complied with: - a. There has been no default whatsoever by or on behalf of the Allottee in compliance with and/or performance of any of the covenants, undertakings and obligations more fully described hereunder as also in the Fifth Schedule hereunder written; b. The Allottee shall make payment to the Promoter towards Transfer Charges/Nomination Fees to be calculated @1% of the Consideration Amount along with applicable taxes, of the Residential Apartment Cost as stipulated in Clause no. 1. c. Prior consent in writing is obtained from the Promoter for the proposed transfer/nomination/assignment or alienation of the said Residential Apartment or any part thereof. d. The Stamp Duty, Registration Fees and all other expenses payable for execution and registration of such Transfer and/or consequent Agreement for Allotment and/or Deed of Assignment shall be borne and paid by the Allottee and/or his/her nominee subject however to the consent of the Promoter. For the purposes of this clause the term “Family Member/s” includes husband, wife, minor son/daughter, dependent parents and unmarried daughter wholly dependent on a person. The Promoter in its absolute discretion be entitled to refuse consent to nomination/transfer/disposal etc. of the said Apartment/Residential Apartment to any person not being the Family member of the Allottee if the Allottee intends to make such nomination/transfer/disposal etc., and any nomination/transfer/disposal made in contravention/violation of such refusal to give consent shall be void ab initio. In addition to the covenants and obligations hereinbefore contained, the Allottee shall also discharge certain additional obligations towards the Promoter and other Allottees of Joyville Phase 1B or the entire Project more fully described in the Fifth Schedule hereunder written.

Procedure for taking. possession — possession- The Promoter, upon obtaining the occupancy certificate (which may be partial) from the competent authority shall offer in writing the possession of the said Apartment, to the Allottee Allottee(s) in terms of this Agreement to be taken within two 2 (two) months from the date of issue of occupancy certificate. Promoter shall give possession of the Apartment/Flat subject to the Allottee paid all their dues and comply with obligations. Provided that, the conveyance deed in favor of the Allottee shall be carried out by the Promoter within three months from the date of issue of occupancy certificate upon payment of Allottee stamp duty and registration charges, legal expenses. The AllotteePromoter agrees and undertakes to indemnify the Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Association of allottees/ Federation, as the case may be for the project. The promoter shall hand over the occupancy certificate of the apartment, as the ease may be, to the allottee at the time of registration of Deed of Assignment of the same. Transfer to the nominee: i. Prior to the execution and registration of the Deed of Sub-Lease/ Assignment and/or Under LeaseAllottees, as the case may be, (as mentioned herein) in favor after the issuance of completion certificate for the Allottee in respect of the said Apartment/Residential Apartment, the Allottee shall not be entitled to transfer/nominate/assign his/her/its rights under this Agreement in favor of any third party except with the prior written consent of the PromoterProject. The Promoter shall handover copy of the occupancy certificate of the Apartment/ Flat, as the case may allow be, to the Allottee to transfer nominate/assign his/her/its rights under this Agreement in respect at the time of conveyance of the said Apartment/Residential Apartment only if same at the Allottees cost and expenses. 7.2.1. It is clarified that the Promoter shall be deemed to have duly complied with all its obligation in case the following conditions are complied with: - a. There has been no default whatsoever by or on behalf Promoter issues notice of the Allottee in compliance with and/or performance of any of the covenants, undertakings and obligations more fully described hereunder as also in the Fifth Schedule hereunder written; b. The Allottee shall make payment completion to the Promoter towards Transfer Charges/Nomination Fees to be calculated @1% of Allottee(s) on or before the Consideration Amount along with applicable taxes, of the Residential Apartment Cost as stipulated date mentioned in Clause no7.1. 1. c. Prior consent in writing is obtained from above and the Promoter for the proposed transfer/nomination/assignment or alienation of the said Residential Apartment or any part thereof. d. The Stamp Duty, Registration Fees and all other expenses payable for execution and registration of such Transfer and/or consequent Agreement for Allotment and/or Deed of Assignment allottee(s) shall be borne and paid by liable to pay the Allottee and/or his/her nominee subject however to the consent of the Promoter. For the purposes of this clause the term “Family Member/s” includes husband, wife, minor son/daughter, dependent parents and unmarried daughter wholly dependent on a person. The Promoter in its absolute discretion be entitled to refuse consent to nomination/transfer/disposal etc. of the said Apartment/Residential Apartment to any person not being the Family member of the Allottee if the Allottee intends to make such nomination/transfer/disposal etc., and any nomination/transfer/disposal made in contravention/violation of such refusal to give consent shall be void ab initio. In addition to the covenants and obligations hereinbefore contained, the Allottee shall also discharge certain additional obligations towards the Promoter maintenance charges and other Allottees of Joyville Phase 1B or the entire Project more fully described in the Fifth Schedule hereunder writtenoutgoings.

Procedure for taking. possession — - The Promoter, upon obtaining Vendor on application of the occupancy certificate from or completion certificate, whichever be applicable, 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 two months 1 (one) month from the date of issue application of such certificate subject to the terms of the Agreement and the Purchaser/s making payment of the entire balance consideration and all other amounts and deposits payable by the Purchaser/s to the 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 Purchaser/s shall be carried out by the Vendor within 1 (one) month from the date of application of occupancy certificate/ completion certificate subject to the Purchaser/s making payment on account of stamp duty, registration fee etc. Provided further that the Vendor shall not be liable to deliver possession of the Schedule-B property to the Purchaser/s nor to execute or cause to be executed any Sale Deed or other instruments until such time the Purchaser/s makes payment of all amounts agreed and required to be paid hereunder by the Purchaser/s and the Purchaser/s has fully performed all the terms conditions and covenants of this Agreement and on the part of the Purchaser/s to be observed and performed until then. The AllotteeVendor agrees and undertakes to indemnify the Purchaser/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Vendor. The Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter/association Vendor / Association of allottees/ Federation, as Purchasers from the case may be for the project. The promoter shall hand over the occupancy certificate date of registration and/or handover of the apartmentflat, as the ease may be, to the allottee at the time of registration of Deed of Assignment of the same. Transfer to the nominee: i. Prior to the execution and registration of the Deed of Sub-Lease/ Assignment and/or Under Leasewhichever is earlier, as the case may be, (as mentioned herein) in favor . The Vendor shall handover the copy of the Allottee in respect occupancy certificate / completion certificate of the said Apartmentapartment to the Purchaser/Residential Apartment, s at the Allottee shall not be entitled to transfer/nominate/assign his/her/its rights under this Agreement in favor time of any third party except with the prior written consent conveyance of the Promotersame. The Promoter may allow It is clarified that the Allottee Vendor shall be deemed to transfer nominate/assign his/her/have duly complied with all its rights under this Agreement obligations in respect case the Vendor issues notice of the said Apartment/Residential Apartment only if all the following conditions are complied with: - a. There has been no default whatsoever by or on behalf of the Allottee in compliance with and/or performance of any of the covenants, undertakings and obligations more fully described hereunder as also in the Fifth Schedule hereunder written; b. The Allottee shall make payment completion to the Promoter towards Transfer ChargesPurchaser/Nomination Fees to be calculated @1% of s on or before the Consideration Amount along with applicable taxes, of the Residential Apartment Cost as stipulated date mentioned in Clause no. 17.1 above. c. Prior consent in writing is obtained from the Promoter for the proposed transfer/nomination/assignment or alienation of the said Residential Apartment or any part thereof. d. The Stamp Duty, Registration Fees and all other expenses payable for execution and registration of such Transfer and/or consequent Agreement for Allotment and/or Deed of Assignment shall be borne and paid by the Allottee and/or his/her nominee subject however to the consent of the Promoter. For the purposes of this clause the term “Family Member/s” includes husband, wife, minor son/daughter, dependent parents and unmarried daughter wholly dependent on a person. The Promoter in its absolute discretion be entitled to refuse consent to nomination/transfer/disposal etc. of the said Apartment/Residential Apartment to any person not being the Family member of the Allottee if the Allottee intends to make such nomination/transfer/disposal etc., and any nomination/transfer/disposal made in contravention/violation of such refusal to give consent shall be void ab initio. In addition to the covenants and obligations hereinbefore contained, the Allottee shall also discharge certain additional obligations towards the Promoter and other Allottees of Joyville Phase 1B or the entire Project more fully described in the Fifth Schedule hereunder written.

Procedure for taking. possession — The Promoter, upon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. The Allottee, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees/ Federationallottees, as the case may be for the project. The promoter shall hand over the occupancy certificate of the apartment, as the ease may be, to the allottee at the time of registration of Deed of Assignment of the same. Transfer to the nominee: i. Prior to the execution and registration of the Deed of Sub-Lease/ Assignment and/or Under Lease, as the case may be, (as mentioned herein) in favor of the Allottee in respect of the said Apartment/Residential Apartment, the Allottee shall not be entitled to transfer/nominate/assign his/her/its rights under this Agreement in favor of any third party except with the prior written consent of the Promoter. The Promoter may allow the Allottee to transfer nominate/assign his/her/its rights under this Agreement in respect of the said Apartment/Residential Apartment only if all the following conditions are complied with: - a. There has been no default whatsoever by or on behalf of the Allottee in compliance with and/or performance of any of the covenants, undertakings and obligations more fully described hereunder as also in the Fifth Schedule hereunder written; b. A period of 18 (eighteen) months should have been completed from the date of execution of this Agreement. c. The Allottee shall make payment to the Promoter towards Transfer Charges/Nomination Fees to be calculated @1% of the Consideration Amount along with applicable taxes, of the Residential Apartment Cost as stipulated in Clause no. 1. c. d. Prior consent in writing is obtained from the Promoter for the proposed transfer/nomination/assignment or alienation of the said Residential Apartment or any part thereof. d. e. The Stamp Duty, Registration Fees and all other expenses payable for execution and registration of such Transfer and/or consequent Agreement for Allotment and/or Deed of Assignment shall be borne and paid by the Allottee and/or his/her nominee subject however to the consent of the Promoter. For the purposes of this clause the term “Family Member/s” includes husband, wife, minor son/daughter, dependent parents son and unmarried daughter wholly dependent on a person. The Promoter in its absolute discretion be entitled to refuse consent to nomination/transfer/disposal etc. of the said Apartment/Residential Apartment to any person not being the Family member of the Allottee if the Allottee intends to make such nomination/transfer/disposal etc., . within a period of year from the date of this Agreement and any nomination/transfer/disposal made in contravention/violation of such refusal to give consent shall be void ab initio. In addition to the covenants and obligations hereinbefore contained, the Allottee shall also discharge certain additional obligations towards the Promoter and other Allottees of Joyville Phase 1B or the entire Project more fully described in the Fifth Schedule hereunder written.

Procedure for taking. possession — - The PromoterPromoters, upon obtaining the occupancy certificate or such other certificate 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 favour of the Allottee shall be taken executed and registered by the 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 Promoter as per requisition of the Developer ) within two three months from the date of issue of occupancy certificatecertificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The 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 Promoters. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Association of allottees/ Federationallottees, as the case may be after the issuance of the completion certificate for the projectFourth Phase of the Project/Complex. The promoter 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 apartment, as the ease may be, to the allottee at the time of registration of Deed of Assignment of the same. Transfer to the nominee: i. Prior to the execution and registration of the Deed of Sub-Lease/ Assignment and/or Under LeaseProject/Apartment, as the case may be, (as mentioned herein) in favor to the Allottee at the time of conveyance of the Allottee Apartment in respect favour of the said Apartment/Residential Apartment, the Allottee shall not be entitled to transfer/nominate/assign his/her/its rights under this Agreement in favor of any third party except with the prior written consent of the Promoter. The Promoter may allow the Allottee to transfer nominate/assign his/her/its rights under this Agreement in respect of the said Apartment/Residential Apartment only if all the following conditions are complied with: - a. There has been no default whatsoever by or on behalf of the Allottee in compliance with and/or performance of any of the covenants, undertakings and obligations more fully described hereunder as also in the Fifth Schedule hereunder written; b. The Allottee shall make payment to the Promoter towards Transfer Charges/Nomination Fees to be calculated @1% of the Consideration Amount along with applicable taxes, of the Residential Apartment Cost as stipulated in Clause no. 1Allottee. c. Prior consent in writing is obtained from the Promoter for the proposed transfer/nomination/assignment or alienation of the said Residential Apartment or any part thereof. d. The Stamp Duty, Registration Fees and all other expenses payable for execution and registration of such Transfer and/or consequent Agreement for Allotment and/or Deed of Assignment shall be borne and paid by the Allottee and/or his/her nominee subject however to the consent of the Promoter. For the purposes of this clause the term “Family Member/s” includes husband, wife, minor son/daughter, dependent parents and unmarried daughter wholly dependent on a person. The Promoter in its absolute discretion be entitled to refuse consent to nomination/transfer/disposal etc. of the said Apartment/Residential Apartment to any person not being the Family member of the Allottee if the Allottee intends to make such nomination/transfer/disposal etc., and any nomination/transfer/disposal made in contravention/violation of such refusal to give consent shall be void ab initio. In addition to the covenants and obligations hereinbefore contained, the Allottee shall also discharge certain additional obligations towards the Promoter and other Allottees of Joyville Phase 1B or the entire Project more fully described in the Fifth Schedule hereunder written.