REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe Promoter hereby represents and warrants to the Allottee asfollows: 8.1. The [Promoter] 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 ofthe said Land for the project; 8.2. The Promoter has lawful rights and requisite approvals from thecompetent Authorities to carry out development of the Project; 8.3. There are no encumbrances upon the said Land or the Project;[in case there are any encumbrances on the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land] 8.4. There are no litigations pending before any Court of law or Authority withrespect to the said Land, Project or the [Apartment/Plot]; 8.5. All approvals, licenses and permits issued by the competentauthorities with respect to the Project, said Land and[Apartment/Plot] are valid and subsisting and have beenobtained by following due process of law. Further, the Promoterhas been and shall, at all times, remain to be in compliance withall applicable laws in relation to the Project, said Land, Buildingand [Apartment/Plot] and common areas; 8.6. The Promoter has the right to enter into this Agreement and hasnot committed or omitted to perform any act or thing, wherebythe right, title and interest of the Allottee created herein, may prejudicially be affected; 8.7. The Promoter has not entered into any agreement for sale and/ordevelopment agreement or any other agreement / arrangementwith any person or party with respect to the said Land, includingthe Project and the said [Apartment/Plot] which will, in anymanner, affect the rights of Allottee under this Agreement; 8.8. The Promoter confirms that the Promoter is not restricted in anymanner whatsoever from selling the said [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement; 8.9. At the time of execution of the conveyance deed the Promotershall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] to the Allottee and the common areas tothe Association of the Allottees or the competent authority, as the case may be; 8.10. The Schedule Property is not the subject matter of any HUF andthat no part thereof is owned by any minor and/or no minor hasany right, title and claim over the Schedule Property; 8.11. The Promoter has duly paid and shall continue to pay anddischarge all governmental dues, rates, charges and taxes andother monies, levies, impositions, premiums, damages and/orpenalties and other outgoings, whatsoever, payable with respectto the said project to the competent Authorities 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; 8.12. No notice from the Government or any other local body orauthority or any legislative enactment, government ordinance,order, notification (including any notice for acquisition orrequisition of the said property)has been received by or servedupon the Promoter in respect of the said Land and/or the Project.
Appears in 5 contracts
Sources: Sale Agreement, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe PROMOTER The Promoter hereby represents and warrants to the Allottee asfollowsas follows:
8.1. (i) The [Promoter] 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 ofthe of the said Land for the projectProject;
8.2. (ii) The Promoter has lawful rights and requisite approvals from thecompetent the competent Authorities to carry out development of the Project;
8.3. (iii) There are no encumbrances upon the said Land or the Project;[in case there are any encumbrances on the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]Project;
8.4. (iv) There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, Project or the [Apartment/Plot];
8.5. (v) All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, said Land and[Apartment/Plot] and Apartment are valid and subsisting and have beenobtained been obtained by following due process of law. Further, the Promoterhas Promoter has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Land, Buildingand [Apartment/Plot] Building and Apartment and common areas;
8.6. (vi) The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
8.7. (vii) The Promoter has not entered into any agreement for sale and/ordevelopment and/or development agreement or any other agreement / arrangementwith arrangement with any person or party with respect to the said Land, includingthe including the Project and the said [Apartment/Plot] Apartment which will, in anymannerany manner, affect the rights of Allottee under this Agreement;
8.8. (viii) The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to Apartment to the Allottee in the manner contemplated in this Agreement;
8.9. (ix) At the time of execution of the conveyance deed the Promotershall Promoter shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] of the Apartment to the Allottee and the common areas tothe to the Association of the Allottees or the competent authority, as the case may beAllottees;
8.10. (x) The Schedule Property is not the subject matter of any HUF andthat and that no part thereof is owned by any minor and/or no minor hasany has any right, title and claim over the Schedule Property;
8.11. (xi) The Promoter has duly paid and shall continue to pay anddischarge and discharge all governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the competent Authorities 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 beAuthorities;
8.12. (xii) No notice from the Government or any other local body orauthority or authority or any legislative enactment, government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter 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. PROMOTERThe Promoter Promoter/Vendor: The Promoter/Vendor hereby represents and warrants to the Allottee asfollowsAllottee/s as follows:
8.1. i. The [Promoter] /Vendor 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 ofthe of the said Land for the projectProject;
8.2ii. The Promoter Promoter/Vendor has lawful rights and requisite approvals from thecompetent Authorities the competent authorities to carry out development of the Project;
8.3iii. There are no encumbrances upon the said Land or for the Project;[in case there are any encumbrances on the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]Project;
8.4iv. There are no litigations pending before any Court of law Law or Authority withrespect with respect to the said Land, Project or the [Apartment/Plot]Unit ;
8.5. v. All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, said Land and[Apartment/Plot] Land, Project and Unit are valid and subsisting and have beenobtained been obtained by following due process of law. Further, the Promoterhas Promoter/Vendor has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Land, Buildingand [Apartment/Plot] Project, Building and Unit and common areas;
8.6vi. The Promoter Promoter/Vendor has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe thing whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected;
8.7vii. The Promoter Promoter/Vendor has not entered into any agreement for sale and/ordevelopment and/or development agreement or any other agreement / arrangementwith agreement/arrangement with any person or party with respect to the said Land, includingthe Project Land including the Project and the said [Apartment/Plot] Unit which will, in anymannerany manner, affect the rights of Allottee Allottee/s under this Agreement;
8.8viii. The Promoter Promoter/Vendor confirms that the Promoter Promoter/Vendor is not restricted in anymanner any manner whatsoever from selling the said [ApartmentUnit to the Allottee/Plot]to the Allottee s in the manner contemplated in this Agreement;
8.9ix. At the time of execution of the conveyance deed the Promotershall Promoter/Vendor shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] of the Unit to the Allottee Allottee/s and the common areas tothe Association to the association of the Allottees Allottee/s or the competent authority, as the case may be;
8.10. x. The Schedule Property is not the subject matter of any HUF andthat and no part thereof is owned by any minor and/or no minor hasany has any right, title and claim over the Schedule Property;
8.11xi. The Promoter Promoter/Vendor has duly paid and shall continue to pay anddischarge and discharge all governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project Project to the competent Authorities Competent Authority till the completion certificate has been issued and possession of apartmentUnit, plot or buildingstructure in the Project, as the case may be, along with common areas (equipped with all the specifications, amenities and and, facilities) has been handed over to the allottee Allottee/s and the association of allottees Allottee/s or the competent authority, as the case may be;
8.12xii. No notice from the Government or any other local body orauthority or authority or any legislative enactment, government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter Promoter/Vendor in respect of the said Project 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. PROMOTERThe PROMOTER The Promoter hereby represents and warrants to the Allottee asfollowsas follows:–
8.1. i. The [Promoter] Promoter 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 ofthe said Land of the project land for the projectimplementation of the Project;
8.2ii. The Promoter has lawful rights and requisite approvals from thecompetent 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;
8.3iii. There are no encumbrances upon the said Land project land or the Project;[in case there are any encumbrances on Project except those disclosed in the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]title report;
8.4iv. There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, project land or Project or except those disclosed in the [Apartment/Plot]title report;
8.5. v. All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, project land and said Land and[Apartmentbuilding/Plot] wing are valid and subsisting and have beenobtained been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Promoterhas 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 has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Landproject land, Buildingand [ApartmentBuilding/Plot] wing and common areas;
8.6vi. The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
8.7vii. The Promoter has not entered into any agreement for sale and/ordevelopment and/or development agreement or any other agreement / arrangementwith agreement/arrangement with any person or party with respect to the said Landproject land, includingthe including the Project and the said [Apartment/Plot] which will, in anymannerany manner, affect the rights of Allottee under this Agreement;
8.8viii. The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement;
8.9ix. At the time of execution of the conveyance deed of the Promotershall structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] to the Allottee and of the common areas tothe of the Structure to the Association of the Allottees or the competent authority, as the case may beAllottees;
8.10. The Schedule Property is not the subject matter of any HUF andthat no part thereof is owned by any minor and/or no minor hasany right, title and claim over the Schedule Property;
8.11. x. The Promoter has duly paid and shall continue to pay anddischarge all governmental and discharge undisputed Governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the competent Authorities 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 beAuthorities;
8.12xi. No notice from the Government or any other local body orauthority or authority or any legislative enactment, government Government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter in respect of the said Land project land and/or the ProjectProject except those disclosed in the title report.
Appears in 1 contract
Sources: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe PROMOTER The Promoter hereby represents and warrants to the Allottee asfollowsAllottee/s as follows :-
8.1. i. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; project 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 ofthe said Land of the project land for the implementation of the project;
8.2ii. The Promoter has lawful rights and requisite approvals from thecompetent Authorities 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;
8.3iii. There are no encumbrances upon the said Land project land or the Project;[in case there are any encumbrances on Project except those disclosed in the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]title report;
8.4iv. There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, Project project land or project except those disclosed in the [Apartment/Plot]title report;
8.5. v. All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Projectproject, project land and said Land and[Apartmentbuilding/Plot] wing are valid and subsisting and have beenobtained been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Promoterhas 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 has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Projectproject, said Landproject land, Buildingand [Apartmentbuilding/Plot] wing and common areas;
8.6vi. The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected;
8.7vii. The Promoter has not entered into any agreement for sale and/ordevelopment and/or development agreement or any other agreement / arrangementwith agreement/arrangement with any person or party with respect to the said Landproject land, includingthe Project including the project and the said [Apartment/Plot] Apartment which will, in anymannerany manner, affect the rights of Allottee Allottee/s under this Agreement;
8.8viii. The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartmentapartment to the Allottee/Plot]to the Allottee s in the manner contemplated in this Agreement;
8.9ix. At All the time of execution of the conveyance deed of the Promotershall structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] to the Allottee and of the common areas tothe of the structure to the Association of the Allottees or the competent authority, as the case may beAllottees;
8.10. The Schedule Property is not the subject matter of any HUF andthat no part thereof is owned by any minor and/or no minor hasany right, title and claim over the Schedule Property;
8.11. x. The Promoter has duly paid and shall continue to pay anddischarge all and discharge undisputed governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the competent Authorities 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 beauthorities;
8.12xi. No notice from the Government or any other local body orauthority or authority or any legislative enactment, government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter in respect of the said Land project land and/or the Projectproject except those disclosed in the title report.
Appears in 1 contract
Sources: Partnership Agreement
REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe PROMOTER The Promoter hereby represents and warrants to the Allottee asfollowsas follows:
8.1. i. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Landproject land; a s d e c l a r e d i n t h e t i t l e r e p o r t a n n e x e d t o t h i s a g r e e m e n t a n d h a s the requisite rights to carry out development upon the said Land project land and absolute, also has actual, physical and legal possession ofthe said Land of the project land for the projectimplementation of the Project;
8.2ii. The Promoter has lawful rights and requisite approvals from thecompetent 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;
8.3iii. There are no encumbrances upon the said Land project land or the Project;[in case there are any encumbrances on Project except those disclosed in the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]title report;
8.4iv. There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, project land or Project or except those disclosed in the [Apartment/Plot]title report;
8.5. v. All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, project land and said Land and[Apartmentbuilding/Plot] wing are valid and subsisting and have beenobtained been obtained by following due process of law. Further, all approvals, licenses and permits t o b e issued by the Promoterhas 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 has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Landproject land, Buildingand [ApartmentBuilding/Plot] wing and common areas;
8.6vi. The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
8.7vii. The Promoter has not entered into any agreement for sale and/ordevelopment and/or development agreement or any other agreement / arrangementwith arrangement with any person or party with respect to the said Landproject land, includingthe including the Project and the said [Apartment/Plot] which will, in anymannerany manner, affect the rights of Allottee under this Agreement;
8.8viii. The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement;
8.9ix. At the time of execution of the conveyance deed of the Promotershall structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] of the c o m m o n a r e a s o f t h e S t r u c t u r e to the Allottee and the common areas tothe Association of the Allottees or the competent authority, as the case may beAllottees;
8.10. The Schedule Property is not the subject matter of any HUF andthat no part thereof is owned by any minor and/or no minor hasany right, title and claim over the Schedule Property;
8.11. x. The Promoter has duly paid and shall continue to pay anddischarge all and discharge u n d i s p u t e d governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the competent Authorities 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 beAuthorities;
8.12xi. No notice from the Government or any other local body orauthority or authority or any legislative enactment, government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter in respect of the said Land project land and/or the ProjectProject except those disclosed in the title report.
Appears in 1 contract
REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe PROMOTER The Promoter hereby represents and warrants to the Allottee asfollowsas follows:
8.1. (i) The [Promoter] 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 ofthe of the said Land for the projectProject;
8.2. (ii) The Promoter has lawful rights and requisite approvals from thecompetent the competent Authorities to carry out development of the Project;
8.3. (iii) There are no encumbrances upon the said Land or the Project;[in case there are any encumbrances on the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]Project;
8.4. (iv) There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, Project or the [Apartment/Plot];
8.5. (v) All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, said Land and[Apartment/Plot] and Apartment are valid and subsisting and have beenobtained been obtained by following due process of law. Further, the Promoterhas Promoter has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Land, Buildingand [Apartment/Plot] Building and Apartment and common areas;
8.6. (vi) The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
8.7. (vii) The Promoter has not entered into any agreement for sale and/ordevelopment agreement or any other agreement / arrangementwith arrangement with any person or party with respect to the said Land, includingthe including the Project and the said [Apartment/Plot] Apartment which will, in anymannerany manner, affect the rights of Allottee under this Agreement;
8.8. (viii) The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to Apartment to the Allottee in the manner contemplated in this Agreement;
8.9. (ix) At the time of execution of the conveyance deed the Promotershall Promoter shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] of the Apartment to the Allottee and the common areas tothe to the Association of the Allottees or the competent authority, as the case may beAllottee;
8.10. (x) The Schedule Property is not the subject matter of any HUF andthat and that no part thereof is owned by any minor and/or no minor hasany has any right, title and claim over the Schedule Property;
8.11. (xi) The Promoter has duly paid and shall continue to pay anddischarge and discharge all governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the competent Authorities 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 beAuthorities;
8.12. (xii) No notice from the Government or any other local body orauthority or authority or any legislative enactment, government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter 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. PROMOTERThe PROMOTER :-
(i) The Promoter hereby represents and warrants to the Allottee asfollows:
8.1. The [Promoter] 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 ofthe of the said Land for the project;Project.
8.2. (ii) The Promoter has lawful rights and requisite approvals from thecompetent Authorities the competent authorities to carry out development of the Project;.
8.3. (iii) There are no encumbrances upon the said Land or the Project;[in case there are any encumbrances on the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]Project.
8.4. (iv) There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, Project or the [Apartment/Plot];.
8.5. (v) All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, said Land and[Apartment/Plot] land and Apartment are valid and subsisting and have beenobtained been obtained by following due process of law. Further, the Promoterhas Promoter has been and shall, at all times, remain to be in compliance withall with all applicable laws Laws in relation to the Project, said Land, Buildingand [Apartment/Plot] Building and Apartment and common areas;.
8.6. (vi) The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;.
8.7. (vii) The Promoter has not entered into any agreement Agreement for sale and/ordevelopment agreement and/or development Agreement or any other agreement / arrangementwith Agreement/ arrangement with any person or party with respect to the said Land, includingthe land including the Project and the said [Apartment/Plot] Apartment which will, in anymannerany manner, affect the rights of Allottee under this Agreement;.
8.8. (viii) The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to Apartment to the Allottee in the manner contemplated in this Agreement;.
8.9. (ix) At the time of execution of the conveyance deed Conveyance Deed the Promotershall Promoter shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] of the Apartment to the Allottee and the common areas tothe Association to the association of the Allottees Allottee or the competent authorityAuthority, as the case may be;.
8.10. (x) The Schedule Property SCHEDULE property is not the subject matter matters of any HUF andthat and that no part thereof is owned by any minor and/or no minor hasany has any right, title and claim over the Schedule Property;SCHEDULE property.
8.11. (xi) The Promoter has duly paid and shall continue to pay anddischarge and discharge all governmental Governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, Apartment along with common areas (equipped with all the specificationsSpecifications, amenities and facilities) has been handed over to the allottee Allottee and the association Association of allottees Allottee or the competent authorityAuthority, as the case may be;.
8.12. (xii) No notice from the Government or any other local body orauthority or Authority or any legislative enactment, government ordinance,orderGovernment Order, notification Notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter in respect of the said Land land and/or the Project.
Appears in 1 contract
Sources: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe PROMOTER The Promoter hereby represents and warrants to the Allottee asfollowsas follows:–
8.1. i. The [Promoter] Promoter 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 ofthe said Land of the project land for the projectimplementation of the Project;
8.2ii. The Promoter has lawful rights and requisite approvals from thecompetent 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;
8.3iii. There are no encumbrances upon the said Land project land or the Project;[in case there are any encumbrances on Project except those disclosed in the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]title report;
8.4iv. There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, project land or Project or except those disclosed in the [Apartment/Plot]title report;
8.5. v. All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, project land and said Land and[Apartmentbuilding/Plot] wing are valid and subsisting and have beenobtained been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Promoterhas 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 has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Landproject land, Buildingand [ApartmentBuilding/Plot] wing and common areas;
8.6vi. The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
8.7vii. The Promoter has not entered into any agreement for sale and/ordevelopment and/or development agreement or any other agreement / arrangementwith agreement/arrangement with any person or party with respect to the said Landproject land, includingthe including the Project and the said [Apartment/Plot] Apartment which will, in anymannerany manner, affect the rights of Allottee under this Agreement;
8.8viii. The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to Apartment to the Allottee in the manner contemplated in this Agreement;
8.9ix. At the time of execution of the conveyance deed of the Promotershall structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] to the Allottee and of the common areas tothe of the Structure to the Association of the Allottees or the competent authority, as the case may beAllottees;
8.10. The Schedule Property is not the subject matter of any HUF andthat no part thereof is owned by any minor and/or no minor hasany right, title and claim over the Schedule Property;
8.11. x. The Promoter has duly paid and shall continue to pay anddischarge all governmental and discharge undisputed Governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the competent Authorities 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 beAuthorities;
8.12xi. No notice from the Government or any other local body orauthority or authority or any legislative enactment, government Government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter in respect of the said Land project land and/or the Project.Project except those disclosed in the title report. . 1785
Appears in 1 contract
Sources: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe PROMOTER The Promoter hereby represents and warrants to the Allottee asfollowsas follows:
8.1. (i) The [Promoter] 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 ofthe of the said Land for the projectProject;
8.2. (ii) The Promoter has lawful rights and requisite approvals from thecompetent the competent Authorities to carry out development of the Project;
8.3. (iii) There are no encumbrances upon the said Land or the Project;[in Project; [in case there are any encumbrances on the land provide detailsof details of such encumbrances including any rights, title, interest andname and name of party in or over such land]
8.4. (iv) There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, Project or the [Apartment/Plot];
8.5. (v) All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, said Land and[Apartmentand [Apartment/Plot] are valid and subsisting and have beenobtained been obtained by following due process of law. Further, the Promoterhas Promoter has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Land, Buildingand Building and [Apartment/Plot] and common areas;
8.6. (vi) The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to omittedto perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
8.7. (vii) The Promoter has not entered into any agreement for sale and/ordevelopment and/or development agreement or any other agreement / arrangementwith arrangement with any person or party with respect to the said Land, includingthe including the Project and the said [Apartment/Plot] which will, in anymannerany manner, affect the affectthe rights of Allottee under this Agreement;
8.8. (viii) The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement;
8.9. (ix) At the time of execution of the conveyance deed the Promotershall Promoter shall handover lawful, vacant, peaceful, physical possession ofthe of the [Apartment/Plot] to the Allottee and the common areas tothe to the Association of the Allottees or the competent authority, as the case may beAllottees;
8.10. (x) The Schedule Property is not the subject matter of any HUF andthat and that no part thereof is owned by any minor and/or no minor hasany has any right, title and claim over the Schedule Property;
8.11. (xi) The Promoter has duly paid and shall continue to pay anddischarge and discharge all governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the competent Authorities 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 beAuthorities;
8.12. (xii) No notice from the Government or any other local body orauthority or authority or any legislative enactment, government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter 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. PROMOTERThe PROMOTER The Promoter hereby represents and warrants to the Allottee asfollows:hereby
8.1. i. The [Promoter] Promoter 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 ofthe said Land of the project land for the projectimplementation of the Project;
8.2ii. The Promoter has lawful rights and requisite approvals from thecompetent the competent Authorities to carry out development of the Project;
8.3Project 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 those disclosed in the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]
8.4title report; iv. There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, project land or Project or except those disclosed in the [Apartment/Plot];
8.5. title report; v. All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, project land and said Land and[Apartmentbuilding/Plot] wing are valid and subsisting and have beenobtained been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Promoterhas 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 has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Landproject land, Buildingand [ApartmentBuilding/Plot] wing and common areas;
8.6; vi. The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
8.7; vii. The Promoter has not entered into any agreement for sale and/ordevelopment and/or development agreement or any other agreement / arrangementwith agreement/arrangement with any person or party with respect to the said Landproject land, includingthe including the Project and the said [Apartment/Plot] which will, in anymannerany manner, affect the rights of Allottee under this Agreement;
8.8; viii. The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement;
8.9; ix. At the time of execution of the conveyance deed of the Promotershall structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] to the Allottee and of the common areas tothe of the Structure to the Association of the Allottees or the competent authority, as the case may be;
8.10. The Schedule Property is not the subject matter of any HUF andthat no part thereof is owned by any minor and/or no minor hasany right, title and claim over the Schedule Property;
8.11. Allottees; x. The Promoter has duly paid and shall continue to pay anddischarge all governmental and discharge undisputed Governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the competent Authorities 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;
8.12Authorities; xi. No notice from the Government or any other local body orauthority or authority or any legislative enactment, government Government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter in respect of the said Land project land and/or the ProjectProject except those disclosed in the title report. OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 34 (EXTRAORDINARY No. 2) 24TH NOVEMBER, 2017 1785 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows:–
(i) To maintain the Apartment at the Allottee’s own cost in good and tenantable repair and condition from the date the possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or byelaws or change/alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required.
(ii) Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the
(iii) To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority.
(iv) Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Apartment without the prior written permission of the Promoter and/or the Society or the Limited Company.
(v) Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance.
(vi) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the project land and the building in which the Apartment is situated.
(vii) Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit any taxes or levies and other amounts as demanded by the concerned local authority or Government for providing infrastructure like water, electricity, sewerage or any other service connection to the building in which the Apartment is situated.
(viii) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee for any purposes other than for purpose for which it is sold.
(ix) The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up.
Appears in 1 contract
Sources: Real Estate Agreement
REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe PROMOTER The Promoter hereby represents and warrants to the Allottee asfollowsas follows:
8.1. (i) The [Promoter] 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 ofthe of the said Land for the projectProject;
8.2. (ii) The Promoter has lawful rights and requisite approvals from thecompetent the competent Authorities to carry out development of the Project;
8.3. (iii) There are no encumbrances upon the said Land or the Project;[in Project; [in case there are any encumbrances on the land provide detailsof details of such encumbrances including any rights, title, interest andname and name of party in or over such land]
8.4. (iv) There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, Project or the [Apartment/Plot];
8.5. (v) All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, said Land and[Apartmentand [Apartment/Plot] are valid and subsisting and have beenobtained been obtained by following due process of law. Further, the Promoterhas Promoter has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Land, Buildingand Building and [Apartment/Plot] and common areas;
8.6. (vi) The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
8.7. (vii) The Promoter has not entered into any agreement for sale and/ordevelopment and/or development agreement or any other agreement / arrangementwith arrangement with any person or party with respect to the said Land, includingthe including the Project and the said [Apartment/Plot] which will, in anymannerany manner, affect the affectthe rights of Allottee under this Agreement;
8.8. (viii) The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement;
8.9. (ix) At the time of execution of the conveyance deed the Promotershall Promoter shall handover lawful, vacant, peaceful, physical possession ofthe of the [Apartment/Plot] to the Allottee and the common areas tothe to the Association of the Allottees or the competent authority, as the case may beAllottees;
8.10. (x) The Schedule Property is not the subject matter of any HUF andthat and that no part thereof is owned by any minor and/or no minor hasany has any right, title and claim over the Schedule Property;
8.11. (xi) The Promoter has duly paid and shall continue to pay anddischarge and discharge all governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the competent Authorities 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 beAuthorities;
8.12. (xii) No notice from the Government or any other local body orauthority or authority or any legislative enactment, government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter 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. PROMOTERThe Promoter hereby represents and warrants to the Allottee asfollows:“OWNER/PROMOTER"
8.1. (i) The [“Owner/Promoter] " has absolute, clear and marketable title with respect to the said Land; the requisite rights Said Land and to carry out development upon the said Said Land and absolute, actual, actual physical and legal possession ofthe said of the Said Land for developing the projectProject;
8.2. (ii) The Owner/Promoter has lawful rights and requisite approvals from thecompetent the competent Authorities to carry out development of the Project;
8.3. (iii) There are no encumbrances upon the said Said Land or the Project;[in case there are any Project, Further, encumbrances on by way of mortgage or hypothecation in respect of the land provide detailsof such encumbrances including any rights, title, interest andname Said Land may be created in future for obtaining financial assistance for the development of party in or over such land]the Project;
8.4. (iv) There are no litigations pending before any Court of law or Authority withrespect with respect to the said Said Land, Project or the [Apartment/Plot];.
8.5. (v) All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, said Said Land and[Apartment/Plot] and the Apartment are valid and subsisting and have beenobtained been obtained by following due process of law. Further, the Promoterhas Owner/ Promoter have been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said the Said Land, Buildingand [Apartment/Plot] the Tower/ Building and common areasthe Apartment and the Common Areas;
8.6. (vi) The Promoter “Owner/Promoter" has the right to enter into this Agreement and hasnot have not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
8.7. (vii) The Promoter has not entered into any agreement for sale andOwner/ordevelopment agreement or any other agreement / arrangementwith any person or party with respect to the said Land, includingthe Project and the said [Apartment/Plot] which will, in anymanner, affect the rights of Allottee under this Agreement;
8.8. The Promoter confirms that the Owner/Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to Apartment to the Allottee in the manner contemplated in this Agreement;
8.9. (viii) At the time of execution of the conveyance deed Conveyance Deed, the Promotershall “Owner/Promoter" shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] of the Apartment to the Allottee and the common areas tothe Association of the Allottees or the competent authority, as the case may beAllottee;
8.10. (ix) The Schedule Property Said Land is not the subject matter of any HUF andthat and that no part thereof is owned by any minor and/or no minor hasany has any right, title and claim over the Schedule PropertySaid Land;
8.11. (x) The Owner/Promoter has duly paid and shall continue to pay anddischarge and discharge all governmental government dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto the said project respect to the competent Authorities Project to the Competent Authority till the completion certificate has been issued and possession of apartment, plot Completion Certificate or buildingPartial Completion Certificate, as the case may be, has been issued and possession of Apartment along with common areas Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association Association of allottees or the competent authorityCompetent Authority, as the case may be;. To enable the “Owner/Promoter" to pay the dues mentioned above, the Allottee hereby undertakes to discharge his legal obligation to pay such dues to the “Owner/Promoter" under section 19(6) of the Act.
8.12. (xi) No notice from the Government or any other local body orauthority or authority or any legislative enactment, government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Owner/Promoter in respect of the said Said Land and/or the Project.
Appears in 1 contract
Sources: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe PROMOTER The Promoter hereby represents and warrants to the Allottee asfollowsas follows:
8.1. (i) The [Promoter] Promoter 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 ofthe of the said Land for the projectProject;
8.2. (ii) The Promoter has lawful rights and requisite approvals from thecompetent Authorities the competent authorities to carry out development of the Project;
8.3. (iii) There are no encumbrances upon the said Land or the Project;[in case there are any encumbrances Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter may create mortgage and/or charge on the land provide detailsof said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance/transfer in terms hereof, the Promoter assures to have the said Unit released from any such encumbrances including any rightsmortgage and/or charge, titleif any, interest andname with intent that the Allottee, subject to hismaking payment of party in all the amounts payable hereunder or over otherwise and complying with his other obligations herein, will be acquiring title to the said Unit free of all such land]mortgages and charges created by the Promoter.
8.4. (iv) There are no litigations pending before any Court of law or Authority withrespect authority with respect to the said Land, Project or the [Apartment/Plot];
8.5. (v) All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, said Land and[Apartment/Plot] and Apartment are valid and subsisting and have beenobtained been obtained by following due process of law. Further, the Promoterhas Promoter has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Land, Buildingand [Apartment/Plot] Building and Apartments and common areas;
8.6. (vi) The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
8.7. (vii) The Promoter has not entered into any agreement for sale and/ordevelopment and/or development agreement or any other agreement / arrangementwith agreement/arrangement with any person or party with respect to the said Land, includingthe including the Project and the said [Apartment/Plot] Apartment which will, in anymannerany manner, affect the rights of Allottee under this Agreement;
8.8. (viii) The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to Apartment to the Allottee in the manner contemplated in this Agreement;
8.9. (ix) At the time of execution of the conveyance deed the Promotershall Promoter shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] of the Apartment to the Allottee and the common areas tothe to the Association of the Allottees or the competent authority, as the case may be;
8.10. (x) The Schedule Property said ▇▇▇▇▇▇▇▇ is not the subject matter of any HUF andthat and that no part thereof is owned by any minor and/or no minor hasany has any right, title and claim over the Schedule Propertysaid Premises;
8.11. (xi) The Promoter has duly paid and shall continue to pay anddischarge and discharge all governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project Project to the competent Authorities till the occupancy/completion certificate has been issued and possession of apartment, plot Apartment or buildingProject, as the case may be, along with with, common areas (equipped with all the specificationsspecification, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees or the competent authority, as the case may be;
8.12. (xii) No notice from the Government or any other local body orauthority or authority or any legislative enactment, government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by or servedupon served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Sources: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe PROMOTER : The Promoter hereby represents and warrants to the Allottee asfollowsas follows:
8.1. i. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Project Land; as declared in the title report and has the requisite rights to carry out development Development upon the said Land property and absolute, also has actual, physical and legal possession ofthe of the said Land property for the projectimplementation of the said Project;
8.2ii. The Promoter has lawful rights and requisite approvals from thecompetent Authorities the competent authorities to carry out development of the said Project and shall obtain requisite approvals from time to time to complete the development of the said Project;
8.3iii. There are no encumbrances upon the said Land or property except those disclosedin the Project;[in case there are any encumbrances on the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]title report;
8.4iv. There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, property or said Project or except those disclosed in the [Apartment/Plot]title report;
8.5. v. All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the said Project, said Land and[Apartmentproperty/Plot] and said building/wing are valid and subsisting and have beenobtained been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Promoterhas competent authorities with respect to the said Project, said property/and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the said Project, said Land, Buildingand [Apartment/Plot] and common areas;property
8.6vi. The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
8.7vii. The Promoter has not entered into any agreement Agreement for sale and/ordevelopment agreement and/or Development Agreement or any other agreement / arrangementwith Agreement/arrangement with any person or party with respect to the said Project Land, includingthe including the said Project and the said [Apartment/Plot] Flat which will, in anymannerany manner, affect the rights of Allottee under this Agreement;
8.8viii. The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to Flat to the Allottee in the manner contemplated in this Agreement;
8.9ix. At the time of execution Upon formation and registration of the conveyance deed society or any other entity, the Promotershall Promoter shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] to the Allottee and of the common areas tothe Association of to the Allottees said society or the competent authority, as the case may beany other entity;
8.10. The Schedule Property is not the subject matter of any HUF andthat no part thereof is owned by any minor and/or no minor hasany right, title and claim over the Schedule Property;
8.11. x. The Promoter has duly paid and shall continue to pay anddischarge all governmental and discharge undisputed Governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the competent Authorities 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 beauthorities;
8.12xi. No notice from the Government or any other local body orauthority or authority or any legislative enactment, government Government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has project land) has been received by or servedupon served upon the Promoter in respect of the said Land property and/or the Project.said Project except those disclosed in the title report;
Appears in 1 contract
Sources: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe PROMOTER The Promoter hereby represents and warrants to the Allottee asfollowsas follows :-
8.1. i. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Landproject land; as declared in the title report annexed to this a greement and has the requisite rights to carry out development upon the said Land project land and absolute, also has actual, physical and legal possession ofthe said Land of the project land for the projectimplementation of the Project;
8.2ii. The Promoter has lawful rights and requisite approvals from thecompetent 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;
8.3iii. There are no encumbrances upon the said Land project land or the Project;[in case there are any encumbrances on Project except those disclosed in the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]title report;
8.4iv. There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, project land or Project or except those disclosed in the [Apartment/Plot]title report;
8.5. v. All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, project land and said Land and[Apartment/Plot] building/ wing are valid and subsisting and have beenobtained been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Promoterhas competent authorities with respect to the Pr oject, project land and said building/ wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Landproject land, Buildingand [Apartment/Plot] Building/ wing and common areas;
8.6vi. The Promoter has the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
8.7vii. The Promoter Promot er has not entered into any agreement for sale and/ordevelopment and/ or development agreement or any other agreement / arrangementwith arrangement with any person or party with respect to the said Landproject land, includingthe including the Project and the said [Apartment/Apartment/ Plot] which will, in anymannerany manner, affect affec t the rights of Allottee under this Agreement;
8.8viii. The Promoter confirms that the Promoter is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to Apartment/ Plot] to the Allottee in the manner contemplated in this Agreement;
8.9ix. At the time of o f execution of the conveyance deed of the Promotershall structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] to the Allottee and of the common areas tothe of the Structure to the Association of the Allottees or the competent authority, as the case may beAllottees;
8.10. The Schedule Property is not the subject matter of any HUF andthat no part thereof is owned by any minor and/or no minor hasany right, title and claim over the Schedule Property;
8.11. x. The Promoter has duly du ly paid and shall continue to pay anddischarge all and discharge undisputed governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/ or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the th e competent Authorities 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 beAuthorities;
8.12xi. No notice from the Government or any other local body orauthority or authority or any legislative enactment, government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has property) has been received by re ceived or servedupon served upon the Promoter in respect of the said Land and/or project land and/ or the ProjectProject except those disclosed in the title report.
Appears in 1 contract
Sources: Agreement to Sale
REPRESENTATIONS AND WARRANTIES OF THE. PROMOTERThe Promoter hereby represents and warrants to the Allottee asfollows:PROMOTER
8.1. i. The [Promoter] has absolute, Promoters have 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 ofthe said Land for the project;with
8.2ii. The Promoter Promoters has lawful rights and requisite approvals from thecompetent the competent Authorities to carry car y out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;
8.3iii. There are no encumbrances upon the said Land project land or the Project;[in case there are any encumbrances on Project except those disclosed in the land provide detailsof such encumbrances including any rights, title, interest andname of party in or over such land]title report;
8.4iv. There are no litigations pending before any Court of law or Authority withrespect with respect to the said Land, project land or Project or except those disclosed in the [Apartment/Plot]title report;
8.5. v. All approvals, licenses and permits issued by the competentauthorities competent authorities with respect to the Project, project land and said Land and[Apartment/Plot] building/ wing are valid and subsisting and have beenobtained been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Promoterhas competent authorities with respect to the Project, project land and said building/ wing shall be obtained by following due process of law and the Promoters have been and shall, at all times, remain to be in compliance withall with all applicable laws in relation to the Project, said Landproject land, Buildingand [Apartment/Plot] Building/ wing and common areas;
8.6vi. The Promoter has Promoters have the right to enter into this Agreement and hasnot has not committed or omitted to perform any act or thing, wherebythe whereby the right, title and interest of the Allottee Purchaser/ s created herein, may prejudicially be affected;
8.7vii. The Promoter Promoters has not entered into any agreement for sale and/ordevelopment and/ or development agreement or any other agreement / arrangementwith ar angement with any person or party with respect to the said Landproject land, includingthe including the Project and the said [Apartment/Plot] which will, in anymanner, affect the rights of Allottee under this Agreement;premises which
8.8viii. The Promoter Promoters confirms that the Promoter Promoters is not restricted in anymanner any manner whatsoever from selling the said [Apartment/Plot]to premises to the Allottee Purchaser/ s in the manner contemplated in this Agreement;
8.9ix. At the time of execution of the conveyance deed of the Promotershall structure to the Association of Purchaser/ s the Promoters shall handover lawful, vacant, peaceful, physical possession ofthe [Apartment/Plot] of the common area soft he Structure to the Allottee and the common areas tothe Association of the Allottees or the competent authority, as the case may bePurchaser/ s;
8.10. x. The Schedule Property is not the subject matter of any HUF andthat no part thereof is owned by any minor and/or no minor hasany right, title and claim over the Schedule Property;
8.11. The Promoter Promoters has duly paid and shall continue to pay anddischarge all and discharge undisputed governmental dues, rates, charges and taxes andother and other monies, levies, impositions, premiums, damages and/orpenalties and/ or penalties and other outgoings, whatsoever, payable with respectto respect to the said project to the competent Authorities 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 said premises is handed over to the allottee and the association of allottees or the competent authoritybuilding completion or occupation certificate is obtained, as the case may bewhichever is earlier;
8.12xi. No notice from the Government orany otherlocal body or any other local body orauthority authority or any legislative enactment, government ordinance,, order, notification (including any notice for acquisition orrequisition or requisition of the said property)has land) has been received by or servedupon served upon the Promoter Promoters in respect of the project land and/ or the Project except those disclosed in the title report.
xii. the Promoters will only pay the municipal tax forthe unsold flats / shops / units and will not pay any maintenance charges like water, light etc., and the Promoters can sell the said Land and/or flats / shops / units to any prospective buyers and then such prospective buyers will become the Projectmember of the society without paying any transfer premium orany othercharges.
Appears in 1 contract
Sources: Sale Agreement