Third Party Transfer. Subject to his/her/their right to avail of a home loan from any HFI as aforesaid, the Allottee(s) shall not enter into any transaction in respect of the Apt. with third parties other than the HFI without the previous consent in writing of the Promoter. Upon receiving possession of the Apt. and prior to execution of the Sale Deed the Allottee(s) shall, subject to the other terms and conditions herein, have the right to or otherwise transfer his/her/their interest under or benefit of this Agreement to any person(s) of his/her/their choice or deal with or dispose of or part with in any manner whatsoever, or assign, or part with as aforesaid his/her/their interest under or benefit of this Agreement but only if and on condition that : 7.4.1 all the amounts and dues payable to the Promoter under this Agreement, are fully paid up; 7.4.2 the Allottee(s) is/are not in any default(s) or breach(es) of any of the terms, conditions and covenants of this Agreement; 7.4.3 the Allottee(s) obtain(s) the Promoter’s prior written approval of the document / agreement / deed / writing effecting or evidencing such sale / transfer / assignment and the requisite legal fees and statutory impositions in respect of the sale / transfer / assignment documentation are duly paid by the Allottee(s); however the Promoter has agreed and confirmed that the Allottee(s) shall not be liable to pay the Promoter any transfer fee or transfer charge in respect of such sale / transfer / assignment ;
Appears in 1 contract
Sources: Sale Agreement
Third Party Transfer. 19.1. Subject to his/her/their the ALLOTTEE(S)’s right to avail of a home loan from any HFI as aforesaid, the Allottee(sALLOTTEE(S) shall not enter into any transaction in respect of the Apt. SAID APARMENT with third parties party(ies) other than the HFI without the previous consent in writing of the PromoterPROMOTER.
19.2. Upon receiving possession of the Apt. SAID APARTMENT and prior to execution and registration of the Sale Deed of Sale/Conveyance, the Allottee(sALLOTTEE(S) shall, subject to the other terms and conditions herein, have the right to or otherwise transfer his/her/their interest under or benefit of this Agreement to any person(s) of his/her/their choice or deal with or dispose of or part with in any manner whatsoever, or assign, or part with as aforesaid his/her/their interest under or benefit of this Agreement but only if and on condition that that:
7.4.1 all (i) All the amounts and dues payable to the Promoter PROMOTER under this Agreement, Agreement are fully paid up;
7.4.2 the Allottee(s(ii) The ALLOTTEE(S) is/are not in any default(s) or breach(es) of any of the terms, conditions and covenants of this Agreement;
7.4.3 (iii) The ALLOTTEE(S) obtains the Allottee(s) obtain(s) the PromoterPROMOTER’s prior written approval of the document / agreement / deed / writing effecting or evidencing such sale / transfer / sale/ transfer/ assignment and the requisite legal fees and statutory impositions in respect of the sale / transfer / sale/ transfer/ assignment documentation are duly paid by the Allottee(sALLOTTEE(S); however ;
(iv) If the Promoter has agreed and confirmed ALLOTTEE(S) sells, transfers, assigns or parts with the interest under or benefit of this Agreement at any time before all the Apartments in said Project are sold out or possession taken whichever is earlier, the ALLOTTEE(S) shall ensure that the Allottee(s) consideration of such new sale/transfer shall not be liable less than the market price i.e. the selling price quoted by the PROMOTER, as prevailing on the date of the new sale/transfer; and the ALLOTTEE(S) agrees to pay to the Promoter any transfer fee or PROMOTER a transfer charge in respect fixed at 2% (Two percent) of the consideration of such sale / new sale/transfer / assignment ;on or before signing or execution of any document/s thereto.
Appears in 1 contract
Sources: Sale Agreement