Common use of Representations and Warranties of the Developer Clause in Contracts

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] which will, in any manner, affect the rights of allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein the manner contemplated in this agreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or the Project; (xiii) That the property is not Waqf property.

Appears in 35 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as followsfollows : (i) The Developer has Landowner‟s title to the Project Land is absolute, clear and marketable title with respect to and the said Land; Developer has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]Project ; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment[Apartment ] ; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment ] are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment ] and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said [ Apartment/Plot[Apartment ] which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said [Apartment ] to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover hand over lawful, vacant, peacefulpeaceful , physical possession of the [Apartment ] to the Allottee and the common areas to the Association association of Allottees or the Allotteescompetent authority, as the case may be ; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 6 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as followsfollows : (i) The Developer has Landowner’s title to the Project Land is absolute, clear and marketable title with respect to and the said Land; Developer has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]Project ; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentApartment ; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said [Apartment ] to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover hand over lawful, vacant, peacefulpeaceful , physical possession of the Apartment to the Allottee and the common areas to the Association association of Allottees or the Allotteescompetent authority, as the case may be ; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 5 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] which will, in any manner, affect the rights of allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee in the manner contemplated in this agreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or the Project; (xiii) That the property is not Waqf property.

Appears in 4 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Purchasers as follows: (i) The Developer [Developer] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the ApartmentFlat; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Flats are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Flat and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Purchasers created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Flat which will, in any manner, affect the rights of allottee Purchasers under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Flat to the Allotteein Purchasers in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Flat to the Allottee Purchasers and the common areas to the Association of the AllotteesPurchasers; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 3 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Purchasers as follows: (i) The Developer [Developer] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the ApartmentFlat; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Flats are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Flat and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee Purchaser/s created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Flat which will, in any manner, affect the rights of allottee Purchaser/s under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Flat to the Allotteein Purchasers in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Flat to the Allottee Purchaser/s and the common areas to the Association of the AllotteesPurchaser/s; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf Waqof property.

Appears in 2 contracts

Sources: Agreement for Sale, Agreement for Sale

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ [Apartment/Plot] which will, in any manner, affect the rights of allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee in the manner contemplated in this agreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Representations and Warranties of the Developer. The Developer hereby DEVELOPER here by represents and warrants to the Allottee ALLOTTEE as follows:follows:- (i) The Developer has OWNERS herein have absolute, clear and marketable title with respect to the said Land; Land and the DEVELOPER herein shall have the requisite rights right to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer DEVELOPER has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the ApartmentApartment and Garage/Parking Space; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment and Garage/Parking Space are valid and subsisting and have been obtained by following due process of law. Further, the Developer DEVELOPER has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and Garage/Parking Space and common areas; (vi) The Developer DEVELOPER has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee ALLOTTEE created herein, may prejudicially be affected; (vii) The Developer DEVELOPER has not entered into any agreement for sale and/or development Development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said [ ApartmentApartment and Garage/Plot] Parking Space which will, in any manner, affect the rights of allottee ALLOTTEE under this Agreement; (viii) The Developer DEVELOPER confirms that the Developer DEVELOPER is not restricted in any manner whatsoever from selling the said confirms that the DEVELOPER is not restricted in any manner whatsoever from selling the said Apartment and Garage/Parking Space to the Allotteein ALLOTTEE in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer DEVELOPER shall handover lawful, vacant, peaceful, physical possession of the Apartment and Garage/Parking Space to the Allottee ALLOTTEE and the common areas to the Association of the AllotteesALLOTTEES; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer DEVELOPER has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer DEVELOPER in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf / Debottar property.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Representations and Warranties of the Developer. The Developer and the Vendor hereby represents and warrants to the Allottee as follows: (i) : The Developer Vendor has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) ; The Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) ; There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances Project as on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) Effective Date; There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment; (v) ; All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, times remain to be in compliance with all applicable laws Applicable Laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) Common Areas; The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) ; The Vendor/Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) ; The Vendor/Developer confirms that the Vendor/Developer is not restricted in any manner whatsoever from selling transferring the said ownership rights of the Apartment to the Allotteein Allottee in the manner contemplated in this agreement; (ix) Agreement; At the time of execution of the deed of conveyance deed the Developer shall handover hand over lawful, vacant, vacant peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas to the Association of or the Allottees; (x) competent authority, as the case may be; The Schedule Property Land is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) Land; The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities; authorities till the completion certificate has been issued and possession of Apartment along with Common Areas (xiiequipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association or the competent authority, as the case may be; and No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Owner/Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows:; (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the she said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, . Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, . Building and Apartment and common areas; (vi) The Developer has the right to enter into this tins Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, Land including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee in the manner contemplated in this agreement;Agreement: (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association association of allottees or the Allottees;competent authority, as the case may be: (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is U owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property;: (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the ease may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Sources: Agreement for Sale, Agreement for Sale

Representations and Warranties of the Developer. 8.1 The Developer hereby represents and warrants to the Allottee Allottee/s to the best of its knowledge as on date as follows: (i) i. The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) . The Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) . There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) . There are no litigations pending before any Court of law Law or Authority with respect to the said Land, Project or the Apartment/Flat ; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Apartment/Flat are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartment/Flat and common areas; (vi) . The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected; (vii) . The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said [ Apartment/Plot] Flat which will, in any manner, affect the rights of allottee Allottee/s under this Agreement; (viii) . The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Apartment/Flat to the Allotteein Allottee/s in the manner contemplated in this agreementAgreement; (ix) . At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Apartment/Flat to the Allottee Allottee/s and the common areas to the Association association of Allottee/s or the Allotteescompetent authority, as the case may be ; (x) x. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) . The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the Competent Authority till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all specifications, amenities and, facilities) has been handed over to the Allottee/s and the association of Allottee/s or the competent Authoritiesauthority, as the case may be; (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Sources: Agreement for Sale, Agreement for Sale

Representations and Warranties of the Developer. 8.1 The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry tocarry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for Landfor the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of developmentof the Project; (iii) There are no encumbrances upon the said Land or the Project; [in In case there are any encumbrances on the land provided provide details of such encumbrances including any rights, ,title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the ApartmenttheApartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Landand Apartment are valid and subsisting and have been obtained by following due process of law. .Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation inrelation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] saidApartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to saidApartmentto the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment theApartment to the Allottee and the common areas to the Association of the AllotteestheAllottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / minorand/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes andtaxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, ,whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinancegovernmentordinance, order, notification (including any notice for acquisition or requisition of the said property) has been hasbeen received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby DEVELOPER here by represents and warrants to the Allottee Allottee(s) as follows: (i) 8.1 The Developer DEVELOPER has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) 8.2 The Developer DEVELOPER has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;: (iii) 8.3 There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) 8.4 There are no litigations pending before any Court of law with respect to the said Land, Project or the ApartmentShop; (v) 8.5 All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Shop are valid and subsisting and have been obtained by following due process of law. Further, the Developer DEVELOPER has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Shop, Commercial space etc and common areas; (vi) 8.6 The Developer DEVELOPER has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby where by the right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected; (vii) 8.7 The Developer DEVELOPER has not entered into in to any agreement for sale and/or and/ or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Shop which will, in any manner, affect the rights of allottee Allottee(s) under this Agreement; (viii) 8.8 The Developer DEVELOPER confirms that the Developer DEVELOPER is not restricted in any manner whatsoever from selling the said Apartment Shop to the Allotteein Allottee(s) in the manner contemplated in this agreementAgreement; (ix) 8.9 At the time of execution of the conveyance deed the Developer DEVELOPER shall handover lawful, vacant, peaceful, physical possession of the Apartment Shop to the Allottee Allottee(s) and the common areas to the Association of the Allottees;. (x) 8.10 The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / and/ or no minor has any right, title and claim over the Schedule Property;: (xi) 8.11 The Developer DEVELOPER has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoingsout goings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) 8.12 No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer DEVELOPER in respect to of the said Land and / or and/or the Project; (xiii) 8.13 That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Office Purchaser/s to the best of its knowledge as on date as follows: (i) a. The Developer has absolute, clear and marketable title with respect to the said Landland; as covered in the title report annexed to this agreement and has the requisite rights to carry out development upon the said Land and absolute, also has actual, physical and legal possession of the said Land for the implementation of the Project; (ii) b. The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project; (iii) c. There are no encumbrances upon the said Land Office Premises or the Project; [said Building except those disclosed in case there are any encumbrances on the land provided details of such encumbrances including any rightstitle report, title, interest and name of party in or over such land]if any; (iv) d. There are no litigations pending before any Court of law with respect to the said Land, land or Project or except a PIL bearing No.100 of 2010 filed before the ApartmentHigh Court; (v) e. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, shall be obtained by following due process of law and the Developer has been and shall, at all times, remain to be in compliance with all applicable applicable/relevant laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) f. The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Office Purchaser/s created herein, may prejudicially be affected; (vii) g. The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Premises which will, in any manner, affect adversely affects the rights of allottee Office Purchaser/s under this Agreement; (viii) h. The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Premises to the Allotteein Office Purchaser/s in the manner contemplated in this agreementAgreement; (ix) i. At the time of execution of the conveyance deed of the structure to the association of Office Purchaser/s the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment common areas of the structure to the Allottee and the common areas to the Association association of the AllotteesOffice Purchaser/s or the federation or apex body as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) j. The Developer has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities; (xii) k. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. 8.1 The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in In case there are any encumbrances on the land provided provide details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer VENDOR hereby represents and warrants to the Allottee PURCHASER as follows: (i) i. The Developer DEVELOPER/VENDOR has absolute, clear and marketable title with respect to the said Land; project land and has the requisite rights to carry out development with the help of DEVELOPER/VENDOR upon the said Land project land and absolute, also has actual, physical and legal possession of the said Land project land for the implementation of the Project; (ii) . The Developer DEVELOPER/VENDOR has lawful rights and requisite approvals from the competent Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project; (iii) . There are no encumbrances upon the said Land project land or the Project; [in case there are any encumbrances on Project except that of the land provided details purchasers of such encumbrances including any rights, title, interest and name of party in or over such land]the Villa Units; (iv) . There are no litigations pending before any Court of law with respect to the said Land, Project project land or the ApartmentProject; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said Land and Apartment building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Developer competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the DEVELOPER/VENDOR has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landproject land, Building and Apartment Building/wing and common areas; (vi) . The Developer DEVELOPER/VENDOR has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee PURCHASER created herein, may prejudicially be affected; (vii) . The Developer DEVELOPER/VENDOR has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including SAID VILLA of the Project and the said [ Apartment/Plot] PURCHASER. which will, in any manner, future will not affect the rights of allottee PURCHASER under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein the manner contemplated in this agreement; (ix) . At the time of execution of the conveyance deed of the Developer structure to the association of Purchasers the DEVELOPER/VENDOR shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas of the Structure to the Association of the AllotteesPurchasers; (x) ix. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer DEVELOPER/VENDOR has duly paid and shall continue to pay and discharge all governmental undisputed Governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) x. No notice from the Government or any other local body or authority or any legislative enactment, government Government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer DEVELOPER/VENDOR in respect of the said Land and / or project land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Agreement for Sale

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;competent (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided provide details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;respect (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] which will, in any manner, affect the rights of allottee under this Agreement;development (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Flat to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case maybe; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule PropertyScheduled Property as per information; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;Authorities till the completion certificate has been applied for/issued and possession of apartment, plot or building, as the (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Land Development Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants warrant to the Allottee Purchaser as follows: (i) The Owner/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical physical, and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out the development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There No litigations are no litigations pending before any Court of law with respect to the said Land, Project Project, or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Purchaser created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Purchaser under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Purchaser in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Purchaser and the common areas to the Association of the AllotteesPurchaser; (x) The First Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, or notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Purchaser as follows: (i) The Developer has owners of the premises have absolute, clear and marketable title with respect to the said Land; property with whom the requisite rights to carry out developer entered into a registered development upon agreement and in the said Land and absolute, actual, physical and legal possession event of entering into development agreement with the owners of the said Land for premises the Project;developer acquire right to transfer developer’s allocation to the intending purchasers. (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land property or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartmentsaid Flat; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment said Flat are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment said Flat and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Purchaser created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Flat which will, in any manner, affect the rights of allottee Purchaser under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Flat to the Allotteein Purchaser in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment said Flat to the Allottee Purchaser and the common areas to the Association of the AllotteesPurchasers; (x) The Schedule Property Flat is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule PropertyFlat; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. 8.1 The Developer hereby represents and warrants to the Allottee Allottee/s as follows: (i) i. The Developer has absolute, clear and marketable title with respect to the said Project Land; the requisite rights to carry out development upon the said Project Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) . The Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) . There are no encumbrances upon the said Land or for the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) . There are no litigations pending before any Court of law Law or Authority with respect to the said Land, Project Project, Commercial Space or the ApartmentUnit ; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Land, Project and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Project, Building and Apartment Unit and common areas; (vi) . The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected; (vii) . The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Project Land including the Project and the said [ Apartment/Plot] Unit which will, in any manner, affect the rights of allottee Allottee/s under this Agreement; (viii) . The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allotteein Allottee/s in the manner contemplated in this agreementAgreement; (ix) . At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee Allottee/s and the common areas to the Association association of Allottee/s or the Allotteescompetent authority, as the case may be ; (x) x. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) . The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the Competent Authority till the completion certificate has been issued and possession of Unit, plot or structure in the Project, as the case may be, along with common areas (equipped with all specifications, amenities and, facilities) has been handed over to the Allottee/s and the association of Allottee/s or the competent Authoritiesauthority, as the case may be; (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Project Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Agreement for Sale

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Allottee/s as follows: (i) i. The Developer has absolute, clear and marketable title with respect to the said Landproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the said Land project land and absolute, also has actual, physical and legal possession of the said Land project land for the implementation of the Project; (ii) . The Developer has lawful rights and requisite approvals from h a s l a w f u l r i g h t s a n d r e q u i s i t e a p p r o v a l s f r o m the competent Authorities to carry out development of the ProjectProject and shall obtain further requisite approvals from time to time to complete the development of the project; (iii) . There are no encumbrances upon the said Land project land or the Project; [Project except those disclosed in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]title report; (iv) . There are no litigations pending before any Court of law with respect to the said Land, project land or Project or except those disclosed in the Apartmenttitle report; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said Land and Apartment building/wing are valid and subsisting and have been obtained by following due process of law. Further, a l l approvals, licenses and permits t o b e issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landproject land, Building and Apartment Building/wing and common areas; (vi) . The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected; (vii) . The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Landproject land, including the Project and the said [ Apartment/Plot] Flat which will, in any manner, affect the rights of allottee Allottee/s under this Agreement; (viii) . The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Flat to the Allotteein Allottee/s in the manner contemplated in this agreementAgreement; (ix) . At the time of execution of the conveyance deed of the structure to the association of allottee/s the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas of the Structure to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) x. The Developer has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or project land and/or the Project; (xiii) That Project except those disclosed in the property is not Waqf propertytitle report.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) i. The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) ii. There are no litigations pending before any Court of law with respect to the said LandSaid Premises, Project or the ApartmentCommercial Space and the Car Parking Space; (v) iii. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land ▇▇▇▇ ▇▇▇▇▇▇▇▇ and Apartment Commercial Space and the Car Parking Space are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building Said Premises and Apartment Commercial Space and common areasthe Car Parking Space and the Common Areas; (vi) iv. The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) v. The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said LandSaid Premises, including the Project and the said [ Apartment/Plot] Commercial Space and the Car Parking Space which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) vi. The Developer confirms that the Developer is not restricted in any manner whatsoever what so ever from selling sale of the said Apartment Commercial Space and the Car Parking Space and/or the Unit to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) vii. At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Commercial Space and the Car Parking Space to the Allottee and the common areas Commercial Common Areas to the Association association of the Allotteesallottees; (x) viii. The Schedule Property schedule property being the Said Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Propertyschedule property being the Said Premises; (xi) ix. The Developer has duly paid and shall continue to pay and discharge all governmental government all dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities; (xii) x. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Premises) has been received by or served upon the Developer Owner in respect of the said Land and / or Said Premises and/or the Project; (xiii) xi. That the property Said Premises is not a Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. 8.1 The Developer hereby represents and warrants to the Allottee Allottee/s as follows: (i) i. The Developer has absolute, clear clear, free and marketable title with respect to the said Subject Land; the requisite rights to carry out development upon the said Subject Land and absolute, actual, physical and legal possession of the said Land subject land for the Project; (ii) . The Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) . There are no encumbrances upon the said Land subject land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) . There are no litigations pending before any Court of law Law or Authority with respect to the said Landsubject land, Project or the Apartment; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land subject land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landsubject land, Building and Apartment and common areasCommon Areas; (vi) . The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected; (vii) . The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, subject land including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee/s under this Agreement; (viii) . The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee/s in the manner contemplated in this agreementAgreement; (ix) . At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee/s and the common areas Common Areas to the Association of the AllotteesAllottee/s; (x) x. The Schedule Scheduled Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) . The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities;Competent Authority. (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or subject land and/or the Project;. (xiii) . That the property is not Waqf a waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Purchaser as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment]; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Purchaser created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Purchaser under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Purchaser in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Purchaser and the common areas to the Association of the AllotteesPurchasers; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;Authorities until the physical handover of the project. (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Agreement for Sale

Representations and Warranties of the Developer. 8.1 The Developer hereby represents and warrants to the Allottee Allottee/s as follows: (i) i. The Developer has absolute, clear clear, free and marketable title with respect to the said Subject Land; the requisite rights to carry out development upon the said Subject Land and absolute, actual, physical and legal possession of the said Land subject land for the Project; (ii) . The Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) . There are no encumbrances upon the said Land subject land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) . There are no litigations pending before any Court of law Law or Authority with respect to the said Landsubject land, Project or the ApartmentApartment ; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land subject land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landsubject land, Building and Apartment and common areasCommon Areas; (vi) . The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected; (vii) . The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, subject land including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee/s under this Agreement; (viii) . The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee/s in the manner contemplated in this agreementAgreement; (ix) . At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee/s and the common areas Common Areas to the Association of the AllotteesAllottee/s; (x) x. The Schedule Scheduled Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) . The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities;Competent Authority. (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or subject land and/or the Project;. (xiii) . That the property is not Waqf a waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) i. The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) ii. There are no encumbrances upon the said Land Said Premises or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) iii. There are no litigations pending before any Court of law with respect to the said LandSaid Premises, Project or the Apartment; (v) iv. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land ▇▇▇▇ ▇▇▇▇▇▇▇▇ and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said LandSaid Premises, Building and Apartment and common areasthe Common Areas; (vi) v. The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) vi. The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said LandSaid Premises, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) vii. The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Flat and/or the Apartment to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) viii. At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas to the Association association of the Allotteesallottees; (x) ix. The Schedule Property schedule property being the Said Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Propertyschedule property being the Said Premises; (xi) x. The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities; (xii) xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Premises) has been received by or served upon the Owner and/or the Developer in respect of the said Land and / or Said Premises and/or the Project; (xiii) xii. That the property Said Premises is not a Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants warrant to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical physical, and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out the development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided provide details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations are pending before any Court of law with respect to the said Land, Project Project, or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, or notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Purchasers as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Whole Project Land; the requisite authority and rights to carry out development upon the said Whole Project Land and absolute, actual, physical and legal possession of the said Project Land for the Project; ; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; ; (iii) There are no encumbrances upon the said Whole Project Land or the Project; [Project save and except mortgage created with ICICI Bank for availing construction finance: The Developer shall cause the said bank(s)/financial institution(s), if necessary, to issue no objection letter in case there are favour of the Purchasers to enable the Purchasers to take loan from any bank or financial institution for financing the purchase of the Flat and the Developer further undertake that the Developer shall cause the said bank(s)/financial institution(s) to release the Flat from the mortgage created by the Developer on or before the Developer executing the deed of conveyance of the Flat in favour of the Purchasers and the Purchasers will get the title of the Flat free from all encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment; Flat save and except as below: (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Flat are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Flat and common areas; (vi) The Developer has areas till the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest date of handing over of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] which will, in any manner, affect the rights of allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein the manner contemplated in this agreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respect to the said real esate project to the competent Authoritiesassociation of Purchasers; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Partnership Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Buyer as follows: (i) 6.1 The Developer Owner has absolute, clear and marketable title with respect to the said Scheduled Land; , subject to a mortgage on the Scheduled Land, and on the development rights thereon, created in favour of [●]. In that regard, the [●] have been executed. The Developer has the requisite rights to carry out development upon the said Scheduled Land and the absolute, actual, physical and legal possession of the said Scheduled Land for the Real Estate Project;. (ii) 6.2 The Developer Owner has lawful rights and requisite approvals from the competent Authorities to carry out development of the ProjectReal Estate Project which development rights have been, on an exclusive basis, transferred by the Owner to the Developer by way of a duly registered Collaboration Agreement; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) 6.3 There are no litigations pending before any Court of law or Authority with respect to the said Scheduled Land, Real Estate Project or the Apartment; (v) 6.4 All approvals, licenses and permits issued by the competent authorities with respect to the Real Estate Project, said Scheduled Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Real Estate Project, said Land, Building and Apartment and common areas; (vi) 6.5 The Developer has and the Owner have the right to enter into this Agreement Sale Deed and has have not committed committed, or omitted to perform perform, any act or thing, whereby the right, title and interest of the Allottee Buyer created herein, may prejudicially be affected; (vii) 6.6 The Developer has and the Owner have not entered into any Agreement for Sale and/or Development Agreement except the collaboration agreement for sale and/or development agreement as stated above or any other agreement / Agreement or arrangement with any person or party with respect to the said Land, including Scheduled Land or the Real Estate Project and or the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Buyer under this AgreementSale Deed; (viii) 6.7 The Developer confirms and the Owner confirm that the Developer is they are not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Buyer in the manner contemplated in this agreementSale Deed; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) 6.8 The Schedule Property Scheduled Land is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule PropertyScheduled Land; (xi) 6.9 The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Real Estate Project to the competent AuthoritiesCompetent Authorities till the Occupation/Part Occupation Certificate has been issued and possession of Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Buyer and the Association of Buyers or the Competent Authority, as the case may be; (xii) 6.10 No notice from the Government or any other local body or authority Authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer or the Owner in respect of the said Scheduled Land and / or and/or the Real Estate Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Deed

Representations and Warranties of the Developer. The Developer hereby herein represents and warrants to the Allottee Purchaser(s) as follows: (i) The Developer has absolute, clear and marketable title with in respect to the said Land; Premises, the requisite rights to carry out development upon the said Land Premises and absolute, actual, physical and legal possession of the said Land same for the said Building/Project;. (ii) The Developer has lawful rights and requisite approvals from the competent Competent Authorities to carry out development of the Project;said Building/Project for Residential and/or Commercial Purpose. (iii) There are no encumbrances upon the said Land Premises or the said Building/Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]. (iv) There are no litigations pending before any Court of law with or Authority in respect to the said LandPremises, Building/Project or and/or the said designated Flat/Unit/Apartment;. (v) All approvals, licenses and permits issued by the competent authorities with Competent Authorities in respect to the Project, said Land and Building/Project and/or the said designated Flat/Unit/Apartment are valid and subsisting and have been obtained by following due process of law. Furtherlaw and further, the Developer has been and shall, shall at all times, times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Building/Project and/or the said designated Flat/Unit/Apartment and common areas; (vi) The Developer has the right to enter into this Agreement for Sale and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Purchaser(s) created herein, herein may prejudicially be affected;. (vii) The Developer has not entered into any agreement Agreement for sale Sale and/or development agreement Development Agreement or any other agreement / arrangement Agreement for Sale/Arrangement with any person or party with respect to the said Land, Premises including the said Building/Project and the said [ Apartmentdesignated Flat/Plot] Unit/Apartment which will, will in any manner, manner affect the rights of allottee Purchaser(s) under this Agreement;Agreement for Sale. (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said designated Flat/Unit/Apartment to the Allotteein Purchaser(s) in the manner contemplated in this agreement;Agreement for Sale. (ix) The Developer Confirms that the Developer is fully authorized and not restricted to construct and use the said land comprised in the said Premises only for residential purpose but shall develop the said land comprised in the said Premises for construction of Flat/Unit/Apartment for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes thereof for such purpose at any point of time forever. (x) At the time of execution of the conveyance deed Deed of Conveyance the Developer shall handover lawful, vacant, peaceful, physical possession of the said designated Flat/Unit/Apartment to the Allottee Purchaser(s) and the common areas to the Association of Purchaser(s) and/or the Allottees;Competent Authority, as the case may be. (xxi) The said land comprised in the said Premised particularly mentioned and described in the First Schedule Property hereunder written is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property;said land comprised in the said Premises. (xixii) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with in respect to the said project Building/Project to the competent Authorities;Competent Authorities till the Completion Certificate has been issued and possession of the said designated Flat/Unit/Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Purchaser(s) and the Association of Purchaser(s) and/or the Competent Authority, as the case may be. (xiixiii) No notice Notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice Notice for acquisition or requisition of the said propertyland comprised in the said Premises) has been received by or served upon the Developer in respect of the said Land and / or the Project; (xiii) That the property is not Waqf propertyany manner whatsoever.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Purchasers as follows: (i) i. The Developer has absolute, clear and Owners have marketable title with respect to the said Project Land; and the Developer has requisite rights to carry out development upon the said Project Land and absolute, actual, actual physical and legal possession of the said Project Land for developing the Project; (ii) . The Developer has lawful rights and requisite approvals from the competent Authorities to carry out the development of the Project; (; iii) . There are no encumbrances upon the said Project Land or and the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) . There are no litigations pending before any Court of law with respect to the said Land, Project Land or the Apartment; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Project and the Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building Project and the Apartment and common areasthe Common Areas, if any; (vi) . The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Purchasers agreed to be created herein, may prejudicially be affected; (vii) . The Owners/Developer has not entered into any agreement for sale and/or development agreement (save and except the development agreement referred here) or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project Land and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Purchasers under this Agreement; (viii) . The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Purchasers in the manner contemplated in this agreementAgreement; (ix) . At the time of execution of the conveyance deed Conveyance Deed, the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Purchasers and the common areas Common Areas of the Project to the Association association of Purchasers or the competent authority, as the case may be, after the completion of the AllotteesProject; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) x. The Developer has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other moniesmoneys, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, outgoings whatsoever payable with respect to the said project Project to the Authority till Occupancy Certificate or Completion Certificate or such other certificate by whatever name called issued by the competent Authoritiesauthority under the Act for the Project has been issued and the possession of the Apartment along with the Common Area, (equipped with all the specifications, amenities and facilities) has been handed over to the Purchasers and the association of the Purchasers or the competent authority, as the case may be; (xii) xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, or notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Project Land and / or and/or the Project; (xii. The Developer intends to make an application to the Regulatory Authority in terms of the Rules published on 27th July, 2021 upon the office of the authority becoming operational and ready to receive the same and the provisions and contents of this Agreement may undergo modifications or alterations if so required by the Regulatory Authority. xiii) That . that the property is not Waqf a waqf property.

Appears in 1 contract

Sources: Agreement for Sale

Representations and Warranties of the Developer. The Developer and the Vendor hereby represents and warrants to the Allottee as follows: (i) : The Developer Vendor has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) ; The Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) ; There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances Project as on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) Effective Date; There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment; (v) ; All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, times remain to be in compliance with all applicable laws Applicable Laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) Common Areas; The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) ; The Vendor/Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) ; The Vendor/Developer confirms that the Vendor/Developer is not restricted in any manner whatsoever from selling transferring the said ownership rights of the Apartment to the Allotteein the manner Allottee in themanner contemplated in this agreement; (ix) Agreement; At the time of execution of the deed of conveyance deed the Developer shall handover hand over lawful, vacant, vacant peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas to the Association of or the Allottees; (x) competent authority, as the case may be; The Schedule Property Land is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) Land; The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities; authorities till the completion certificate has been issued and possession of Apartment along with Common Areas (xiiequipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association or the competent authority, as the case may be; and No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Owner/Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) 8.1. The Developer has absolute, clear and marketable title Leasehold right with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) 8.2. The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) 8.3. There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided provide details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) 8.4. There are no litigations pending before any Court of law with respect to the said Land, Project or the ApartmentBungalow/Row House; (v) 8.5. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Bungalow/Row House are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Bungalow/Row House and common areas; (vi) 8.6. The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title right and interest of the Allottee created herein, may prejudicially be affected; (vii) 8.7. The Developer has not entered into any agreement for sale sale/assignment and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said [ ApartmentBungalow/Plot] Row House which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) 8.8. The Developer confirms that the Developer is not restricted in any manner whatsoever from selling transfer and assign the said Apartment Bungalow/Row House to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) 8.9. At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Bungalow/Row House to the Allottee and the common areas to the Association of the Allottees; (x) 8.10. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) 8.11. The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) 8.12. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or the Project; (xiii) 8.13. That the property is not Waqf property.

Appears in 1 contract

Sources: Agreement for Assignment

Representations and Warranties of the Developer. The Developer DEVELOPER hereby represents and warrants to the Allottee PURCHASER as follows: (i) i. The Developer DEVELOPER has absolute, clear and marketable title with respect to the said Landproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the said Land project land and absolute, also has actual, physical and legal possession of the said Land project land for the implementation of the Project; (ii) . The Developer DEVELOPER has lawful rights and requisite approvals from the competent Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project; (iii) . There are no encumbrances upon the said Land project land or the Project; [Project except those disclosed in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]title report; (iv) . There are no litigations pending before any Court of law with respect to the said Land, project land or Project or except those disclosed in the Apartmenttitle report; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said Land and Apartment Apartment/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Developer competent authorities with respect to the Project, project land and said Apartment/wing shall be obtained by following due process of law and the DEVELOPER has been and shall, at all times, remain to be in compliance incompliance with all applicable laws in relation to the Project, said Landproject land, Building and Apartment Apartment/wing and common areas; (vi) . The Developer DEVELOPER has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee PURCHASER created herein, may prejudicially be affected; (vii) . The Developer DEVELOPER has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Landproject land, including the Project and the said [ Apartment[Shop/Plot] which will, in any manner, affect the rights of allottee PURCHASER under this Agreement; (viii) . The Developer DEVELOPER confirms that the Developer DEVELOPER is not restricted in any manner whatsoever from selling the said Apartment to [Apartment/Plot]to the Allotteein PURCHASER in the manner contemplated in this agreementAgreement; (ix) . At the time of execution of the conveyance deed of the Developer structure to the association of PURCHASERs the DEVELOPER shall handover lawful, vacant, peaceful, physical possession of the Apartment to common are as of the Allottee and the common areas Structure to the Association of the AllotteesPURCHASERs; (x) x. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer DEVELOPER has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer DEVELOPER in respect of the said Land and / or project land and/or the Project; (xiii) That Project except those disclosed in the property is not Waqf propertytitle report.

Appears in 1 contract

Sources: Agreement for Sale

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein the manner contemplated in this agreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer Owner has absolute, clear and marketable title with respect to the said Landland; and the Developer has the requisite rights to carry out development work upon the said Land land and absolute, actual, physical and legal possession of the said Land land for the Projectproject; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities Authority to carry out development of the Projectproject; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Landland, Project project or the (Apartment;/plot). (v) All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, said Land and Apartment (Apartment/plot) are valid and subsisting and have been obtained by following due to process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said Landland, Building building and Apartment and common areas;. (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby . Whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;. (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, land including the Project project and the said [ (Apartment/Plot] plot) which will, in any manner, affect the rights of allottee Allottee under this Agreement;. (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment (FLAT) to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment (FLAT) to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications. Amenities and. Facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Allottees as follows: (i) The Developer has absolute, clear and marketable title with respect to the said LandPremises; the requisite rights to carry out development upon the said Land Premises and absolute, actual, physical and legal possession of the said Land Premises for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land Premises or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law with respect to the said LandPremises, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Premises and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said LandPremises, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottees created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said LandPremises, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottees under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment & Parking space to the Allotteein Allottees and the manner contemplated in this agreementcommon areas to the Association of the Allottees; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment & Parking space to the Allottee Allottees and the common areas to the Association of the Allottees; (x) The Schedule Property said ▇▇▇▇▇▇▇▇ is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Propertysaid Premises; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyPremises) has been received by or served upon the Developer in respect of the said Land Premises and / or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Buyer as follows: (i) The Developer has Owners have absolute, clear and marketable title with respect to the said LandSaid Premises; the requisite authority and rights to carry out development upon the said Land Said Premises and absolute, actual, physical and legal possession of the said Land Said Premises for the Project;. (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;. (iii) There are no encumbrances upon the said Land Said Premises or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]. (iv) There are no litigations pending before any Court of law or Authority with respect to the said LandSaid Premises, Project or the Apartment;Said Flat. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land ▇▇▇▇ ▇▇▇▇▇▇▇▇ and Apartment Said Flat are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land▇▇▇▇ ▇▇▇▇▇▇▇▇, Said Building and Apartment Said Flat and common areas;Common Areas till the date of handing over of the Project to the Association. (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Buyer created herein, may prejudicially be affected;. (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Said Premises including the Project and the said [ Apartment/Plot] Said Flat which will, in any manner, affect the rights of allottee Buyer under this Agreement;. (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Said Flat to the Allotteein Buyer in the manner contemplated in this agreement;Agreement. (ix) At the time of execution of the deed of conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Flat to the Allottee Buyer and the common areas Common Areas to the Association of Association, once the Allottees;same being formed and registered. (x) The Schedule Property Said Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property;Said Premises. (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities;Authorities till the completion certificate has been issued and irrespective of possession of Flats, Said Building, as the case may be, along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the intending Buyers and the Association. (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or Said Premises and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Not Specified

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ [Apartment/Plot] which will, in any manner, affect the rights of allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein the manner contemplated in this agreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Allottee/purchaser/purchasers as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; : [in case there are any encumbrances on the land provided provide details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot]; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment/Plot] and common areas;, (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, . whereby the right, title and interest of the Allottee Allottee/purchaser/purchasers created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, Land including the Project and the said [ [Apartment/Plot] which will, in any manner, affect the rights of allottee Allottee/purchaser/purchasers under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment said[Apartment/Plot] to the Allotteein Allottee/purchaser/purchasers in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment/Plot] to the Allottee Allottee/purchaser/purchasers and the common areas to the Association association of Allottee/purchaser/purchasers the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications. amenities and. facilities) has been handed over to the Allottee/purchaser/purchasers and the association of Allottee/purchaser/purchasers or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property...

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment;Apartment;0 (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ [Apartment/Plot] which will, in any manner, affect the rights of allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein the manner contemplated in this agreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Agreement for Sale

Representations and Warranties of the Developer. The Developer hereby here by represents and warrants to the Allottee Allottee/Purchaser as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the ApartmentFlat or the Garage; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Flat and Garage are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building , Flat and Apartment Garage and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee/Purchaser created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Flat and the Garage which will, in any manner, affect the rights of allottee Allottee/Purchaser under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Flat and Garage to the Allotteein Allottee/Purchaser in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed Deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Flat and the Garage to the Allottee Allottee/Purchaser and the common areas to the Association of the AllotteesAllottee/Purchaser; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Agreement for Sale

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided provide details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Flat/Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Flat/Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Flat/Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said [ ApartmentFlat/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Flat/Apartment to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Flat/Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; Land and the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to authoritiesto carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and Apartmentand common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee(s) under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee(s) in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee(s) and the common areas to the Association of the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and / or /or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Allottee/Allotees as follows: (i) The Developer has Owner have absolute, clear and marketable title with respect to the said Land; the requisite authority and rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]Project till date: (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentApartment to be constructed; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areasareas till the date of handing over of the project to the association of Allottee; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee/Allotees created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee/Allotees in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed of sale the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee/Allotees and the common areas to the Association association of Allottee/Allotees once the Allotteessame being formed and Registered; (x) The Schedule Property Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule PropertySaid Land; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued irrespective of possession of apartment along with common areas (equipped with all the specifications, amenities and. facilities) has been handed over to the Allottee/Allotees and the association of Allottee/Allotees or not; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Agreement for Sale

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iiiii) There are no encumbrances upon the said Land Said Premises or the Project save and except the construction finance obtained from Bajaj Housing Finance Limited by the Developer for the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iviii) There are no litigations pending before any Court of law with respect to the said LandSaid Premises, Project or the Apartment; (viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land ▇▇▇▇ ▇▇▇▇▇▇▇▇ and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land▇▇▇▇ ▇▇▇▇▇▇▇▇, Building and Apartment and common areasthe Common Areas; (viv) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (viivi) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said LandSaid Premises, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viiivii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Flat and/or the Apartment to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ixviii) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas to the Association association of the Allotteesallottees; (xix) The Schedule Property schedule property being the Said Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Propertyschedule property being the Said Premises; (xix) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities; (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Premises) has been received by or served upon the Owner and/or the Developer in respect of the said Land and / or Said Premises and/or the Project; (xiiixii) That the property Said Premises is not a Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Promoter/Developer hereby represents and warrants to the Allottee Allottee/Purchaser as follows: (i) a. The Promoter/Developer has absolute, clear and marketable title with respect to the said Landproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the said Land project land and absolute, also has actual, physical and legal possession of the said Land project land for the implementation of the Project; (ii) b. The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect c. The Promoter/Developer has represented to the Allottee/Purchaser that the Promoter/Developer has not created any mortagage /charge in the respect of said Land, Project or property yet but if required the Apartment;Promoter/Developer can obtain loans from any bank as per his sole discretion. He does not require NOC of the Allottee/Purchaser/ Allottee. (v) d. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said Land and Apartment building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter/Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landproject land, Building and Apartment Building/wing and common areas; (vi) e. The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee/Purchaser created herein, may prejudicially be affected; (vii) f. The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Landproject land, including the Project and the said [ Apartment/Plot] Unit which will, in any manner, affect the rights of allottee Allottee/Purchaser under this Agreement; (viii) g. The Developer Promoter confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allotteein Allottee/Purchaser in the manner contemplated in this agreementAgreement; (ix) h. The Promoter/Developer has made full disclosure to the unit Allottee/Purchaser that the Promoter herein has already allotted exclusive facility of open parking space to the some of the Unit Allottee/Purchasers in the Said Project as per the provisions of MOFA for booking of the units made before commencement of RERA. i. At the time of execution of the conveyance deed of the structure to the association of Allottee/Purchaser the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas of the Structure to the Association of the AllotteesAllottee/Purchaser/Allottee/s; (x) j. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) k. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and / or project land and/or the Project; (xiii) That Project except those disclosed in the property is not Waqf propertytitle report.

Appears in 1 contract

Sources: Articles of Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Buyers as follows: (i) The Developer has Owners have absolute, clear and marketable title with respect to the said Land; the Developer has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;. (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;Project for Residential Purpose. (iii) There are no encumbrances upon the said Land land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;. (v) All approvals, licenses and permits issued by the competent authorities Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Owners and Developer has have the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, right title and interest of the Allottee Buyers created herein, may prejudicially be affected;. (vii) The Owners and Developer has have not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said [ Apartment/Plot] Apartment which will, will in any manner, affect the rights of allottee Buyers under this Agreement;. (viii) The Owners and Developer confirms confirm that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Buyers in the manner contemplated in this agreement;Agreement. (ix) At the time of execution of the conveyance deed the Owners and the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Buyers and the common areas to the Association of Buyers or the Allottees;Competent Authority, as the case may be. It is Pertinent to mention that the Project’s facilities and amenities shall be available only for use and enjoyment of the Buyers after the completion of the all blocks, all buildings and after the completion of all works of the complete project. The Exterior paint, of the existing Block – “A”, permanent internal roads and other surrounding amenities will completed and will be handover to the Buyers and the Buyers will be able to enjoy the said facilities after the completion of the complete work of all blocks. (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property;. (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges charges, and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;Authorities till Completion Certificate has been issued and possession of apartment, plot or building, as the case may be, along with areas (equipped with all the specifications, amenities and facilities) has been handed over to the Buyer and the Association of Buyers or the Competent Authority, as the case may be. (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project;. (xiii) That The Roof rights will be always with the property is not Waqf propertyDeveloper till the completion of the complete project.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in In case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ [Apartment/Plot] which will, in any manner, affect the rights of allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein the manner contemplated in this agreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as follows: (i) The Developer Owner has absolute, clear clear, and marketable title with respect to concerning the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical physical, and legal possession of the said Land for the Project; (ii) The Developer Developer/ Owner has lawful rights and requisite approvals from the competent Authorities to carry out the development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law with respect to the said Land, . Project or the Apartment; (v) All approvals, licenses licenses, and permits issued by the competent authorities with respect to concerning the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. la Further, the Developer has been and shall, at all times, remain to be in compliance comply with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title title, and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement /arrangement with any person or party with respect to concerning the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed deed, the Developer shall handover hand over lawful, vacant, and peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title title, and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes taxes, and other monies, levies, impositions, premiums, damages and / or penalties and/or penalties, and other outgoings, . whatsoever, payable with respect to concerning the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, or notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Developer has absolute, clear and marketable title with respect to the said Land; Land and the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentUnit; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;have (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Unit which will, in any manner, affect the rights of allottee Allottee(s) under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allotteein Allottee(s) in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee Allottee(s) and the common areas to the Association of the AllotteesSociety; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and / or /or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Flat/Unit (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Flat Buyer's Agreement

Representations and Warranties of the Developer. 8.1 The Developer hereby represents and warrants to the Allottee Allottee/s as follows: (i) i. The Developer has absolute, clear and marketable title with respect to the said Project Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) . The Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) . There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) . There are no litigations pending before any Court of law Law or Authority with respect to the said Land, Project Project, Commercial Space or the ApartmentUnit ; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Land, Retail/Commercial Space and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Retail/Commercial Space, Building and Apartment Unit and common areas; (vi) . The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected; (vii) . The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said [ Apartment/Plot] Unit which will, in any manner, affect the rights of allottee Allottee/s under this Agreement; (viii) . The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allotteein Allottee/s in the manner contemplated in this agreementAgreement; (ix) . At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee Allottee/s and the common areas to the Association association of Allottee/s or the Allotteescompetent authority, as the case may be ; (x) x. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) . The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the Competent Authority till the completion certificate has been issued and possession of Unit, plot or building, as the case may be, along with common areas (equipped with all specifications, amenities and, facilities) has been handed over to the Allottee/s and the association of Allottee/s or the competent Authoritiesauthority, as the case may be; (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That , as well as the property is not Waqf propertyRetail/Commercial Space.

Appears in 1 contract

Sources: Agreement for Sale

Representations and Warranties of the Developer. The Developer hereby represents makes the following representations and warrants warranties which the City may rely upon in entering and agreeing to this and all other agreements with the Allottee as followsDeveloper, and upon which the City may rely in granting all approvals, permits and licenses for the Project and in executing this Development Agreement and performing its obligations hereunder: (i) The A. Property Owner/Developer has absolute, clear is a duly organized and marketable title with respect to existing revocable living trust in current status under the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession laws of the said Land for State of Wisconsin. ▇▇▇▇▇ ▇. ▇▇▇▇ is the Project; (ii) The Developer has lawful rights Trustee and requisite approvals from the competent Authorities is vested and empowered to carry out development act on behalf of the Project;Property Owner, with the authority to contract and perform on behalf of the Property Owner/Developer. (iii) B. Property Owner/Developer is the fee title holder of the Property. C. The execution, delivery and performance of this Development Agreement and the consummation of transactions contemplated hereby have been duly authorized and approved by the Property Owner/Developer, and no other or further acts or proceedings of the Property Owner/Developer are necessary to authorize and approve the execution, delivery, and performance of this Development Agreement. This Development Agreement, and the exhibits, documents, and instruments associated herewith and made a part hereof, have been duly executed and delivered by the Property Owner/Developer and constitute the legal, valid, and binding agreement and obligation of Property Owner/Developer, enforceable against Property Owner/Developer in accordance with the respective terms, except as the enforceability thereof may be interrupted or limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the enforcement of creditors’ rights, generally, and by general equitable principals. D. There are no encumbrances lawsuits filed or pending, or to the knowledge of Developer, threatened against Developer that may in any way jeopardize or materially and adversely affect the ability of the Developer to perform its obligations hereunder. The Developer and any guarantor have at this time and will have so long as this Development Agreement continues in force and effect, sufficient available funds for the completion of the Developer’s obligations under this Development Agreement. The Developer shall, from time to time upon the said Land request of the City, certify thereto and provide financial statements of the Developer and any guarantor to the City. E. The Developer shall promptly notify the City of any material adverse change in its financial condition or the Project; [financial condition of any guarantor that may in case there are any encumbrances on way impair or adversely affect the land provided details ability of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect guarantor to satisfy their respective obligations under the said Land, including the Project and the said [ Apartment/Plot] which will, in any manner, affect the rights terms of allottee under this Development Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein the manner contemplated in this agreement; (ix) At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Development Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee Allottee/s as follows: (i) i. The Developer has absolute, clear clear, free and marketable title with respect to the said Subject Land; the requisite rights to carry out development upon the said Subject Land and absolute, actual, physical and legal possession of the said Land subject land for the Project; (ii) . The Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) . There are no encumbrances upon the said Land subject land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) . There are no litigations pending before any Court of law Law or Authority with respect to the said Landsubject land, Project or the Apartment; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land subject land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landsubject land, Building and Apartment and common areasCommon Areas; (vi) . The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected; (vii) . The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, subject land including the Project and the said [ Apartment/Plot] which willApartment whichwill, in any manner, affect the rights of allottee Allottee/s under this Agreement; (viii) . The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allotteein Allottee/s in the manner contemplated in this agreementAgreement; (ix) . At the time of execution of the conveyance deed the Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee/s and the common areas Common Areas to the Association of the AllotteesAllottee/s; (x) x. The Schedule Scheduled Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) . The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities;Competent Authority. (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or subject land and/or the Project;. (xiii) . That the property is not Waqf a waqf property.

Appears in 1 contract

Sources: Agreement for Sale

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Sub-lessee/Allottee as followsFollows: (i) The Developer Lessee/ Vendor has absolute, clear and marketable title with respect to the said Land; and has granted the requisite rights to the Developer to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]: (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentUnit; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, said Land and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Unit and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Sub-lessee/Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale Sub-Lease and/or development agreement or any other agreement / agreement/arrangement with any other person or party with respect to the said Land, Land including the Project and the said [ Apartment/Plot] Unit which will, in any manner, affect the rights of allottee Sub-lessee/Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling leasing out the said Apartment Unit to the Allotteein Sub-lessee/Allottee in the manner contemplated in this agreementAgreement ; (ix) At the time of execution of the conveyance deed the Developer shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment Unit to the Sub- lessee/Allottee and the common areas to the Association association of Sub- lessee/Allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or no minor has any right, title and claim over the Schedule Property; (xi) The Lessee and/or Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of Unit along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Sub- lessee/Allottee and the association of Sub-lessee/Allottees or the competent authority, as the case may be; Provided that immediately on receipt of Notice of possession the Sub- lessee/Allottee shall become liable to pay all valid Government rates, taxes and charges pertaining to the Unit. (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sub Lease Agreement

Representations and Warranties of the Developer. The Developer and the Owners hereby represents and warrants to the Allottee as follows: (i) The Developer has Owners have absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances Project as on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]Effective Date; (iv) There are no litigations litigation s pending before any Court of law or Authority with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, times remain to be in compliance with all applicable laws Applicable Laws in relation to the Project, said Land, Building and Apartment and common areasCommon Areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;the (vii) The Owners/Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Owners/Developer confirms that the Owners/Developer is not restricted in any manner whatsoever from selling transferring the said ownership rights of the Apartment to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the deed of conveyance deed the Developer shall handover hand over lawful, vacant, vacant peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas to the Association of or the Allotteescompetent authority, as the case may be; (x) The Schedule Property Land is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule PropertyLand; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities;authorities till the completion certificate has been issued and possession of Apartment along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association or the competent authority, as the case may be; and (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Owner/Developer in respect of the said Land and / or and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement

Representations and Warranties of the Developer. The Developer hereby represents and warrants to the Allottee as followsfollows : (i) The Developer has Landowner‟s title to the Project Land is absolute, clear and marketable title with respect to and the said Land; Developer has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]Project ; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentApartment ; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said [ Apartment/Plot] Apartment which will, in any manner, affect the rights of allottee Allottee under this Agreement; (viii) The Developer confirms that the Developer is not restricted in any manner whatsoever from selling the said [Apartment ] to the Allotteein Allottee in the manner contemplated in this agreementAgreement; (ix) At the time of execution of the conveyance deed the Developer shall handover hand over lawful, vacant, peacefulpeaceful , physical possession of the Apartment to the Allottee and the common areas to the Association association of Allottees or the Allotteescompetent authority, as the case may be ; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and / or and/or no minor has any right, title and claim over the Schedule Property; (xi) The Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Developer in respect of the said Land and / or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Sources: Sale Agreement