Esr Platinum 3 Bedroom 4f r.p.karthik

DEVELOPMENT / SALE AGREEMENT

This deed of sale agreement made on the 27th May 2011.

BETWEEN

Mr. R.RAJASAKAR S/ o E. S. Ramasamy, residing at 44 / 211, T.V.Swamy Road

( East ), R.S.Puram, Coimbatore - 641 002. Acquired his title vide Document No. 2972 /

2008 registered in the Office of the Vadavalli Sub Registrar of Coimbatore (hereinafter

called the Vendor) which term, wherever it occurs shall mean and include his legal

representatives, administrators, successors in interest and assignees on the FIRST PART,

FIRST PART SECOND PART THIRD PART

.2.

2. M/s E.S.RAMASAMY and CO., a firm having its registered office at 44 / 211,

T.V.Samy Road ( East ),R.S.Puram, Coimbatore - 641 002 and represented by its Managing

Partner Mr. R.JAYAPRAKASH. Herein after called the BUILDERS which term wherever

it occurs shall mean it’s legal representatives, administrators, successors in interest and

assignees on the SECOND PART,

AND

3.Mr.R.P.KARTHIK,S/o.R.C.Pachayappan, residing at 53-1.E.b.colony, T.V.S.Nagar,

Coimbatore. (hereinafter called the PURCHASER) which term wherever it occurs shall

mean and include his heirs legal representatives, administrators, successors in interest and

assignees on the THIRD PART

WITNESSES

WHEREAS the Vendor is the absolute owner of the land described in Schedule “A”

hereunder.

WHEREAS the Builder has undertaken to develop Schedule ‘A’ land by construction

of residential apartment buildings on the said land consisting of Stilt floor and four floors

above, each floor containing 10 apartments after obtaining due approval for such buildings;

whereas the Builder has undertaken such construction on behalf of persons who have agreed

to purchase undivided fractional share and interest more particularly described in Schedule

B hereunder;

WHEREAS the Purchaser has agreed to purchase the undivided fractional share and

interest in Schedule ‘A’ land which undivided fractional share and interest is more

particularly described in Schedule ‘B’ hereunder and entrust the construction of the

apartment described in Schedule ‘C’ hereunder having the specifications described in

Schedule ‘D’ hereunder to the Builder ; Whereas the Builder has agreed to arrange for sale

of the undivided fractional share described in Schedule ‘B’ hereunder by the Vendor to the

Purchaser. Whereas the Builder has assured the Purchaser that proper and necessary sanction

has been obtained for construction of such building from appropriate authorities.

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WHEREAS the Purchaser has agreed to have the Sale Deed executed subject to the

terms and conditions mentioned herein which shall be deemed to be incorporated in the Sale

Deed.

WHEREAS the sale of Schedule “B” Property is to be expressly made on the

condition that the Purchaser shall be entitled to have one apartment constructed for the

Purchaser in the apartment to be constructed by the Builder on the Schedule “A” Property.

WHEREAS the Purchaser has requested the Builder to construct for the Purchaser a

residential apartment described in the “C” Schedule Property.


WHEREAS the Purchaser has accepted the terms and conditions of the enjoyment of

the Schedule “B” and Schedule “C” property as per the covenants herein mentioned and

whereas the Vendor and the Builder have accepted the request of the Purchaser.

NOW THIS DEED OF AGREEMENT WITNESSETH:-

The parties hereto mutually agree and covenant as follows:-

1. The Vendor offers to sell the Schedule “B” property to the Purchaser and the Purchaser

has agreed to purchase the same for the consideration of Rs.1, 97,550 /- (Rupees One

Lakh Ninety Seven Thousand Five Hundred Fifty Only). The Vendor has agreed to get

the sale deed executed in favour of the Purchaser, at the cost and expenses of the

Purchaser. The Vendor has also agreed to execute the sale deed in favour of the

Purchaser, on receipt of the said sale consideration.

2. The Purchaser hereby appoints the Builder as the contractor to construct for the

Purchaser one apartment in the Schedule “A” property as per plan and specifications

contained in Schedule “D” hereunder along with the apartments intended for the other

owners, who hold or hereinafter hold undivided fractional share and interest in Schedule

“A” Land , for a sum of Rs.29,54,000/- ( Rupees Twenty NineLakhs Fifty Four

Thousand Only ) and the Builder do hereby undertake to construct for the Purchaser the

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residential apartment described in Schedule “C” hereunder for the aforesaid sum of Rs.

29,54,000 /- (Rupees Twenty Nine Lakhs Fifty Four Thousand Only)

3. The Purchaser hereby agrees to pay to the Builder the sum of Rs.29,54,000 /- ( Rupees

Twenty Nine Lakhs Fifty Four Thousand Only ) during the progress of the work detailed

below:-

1. On completion of the Stilt Level Rs. 6, 00,000/-

2. On completion of the First Floor Rs. 6, 00,000/-

3. On completion of the Second Floor Rs. 6, 00,000/-

4. On completion of the Third Floor Rs. 6, 00,000/-

5. On Completion of the Fourth Floor Rs. 5, 00,000/-

6. On handing over the Finished Apartment Rs. 54,000/-

4. The Builders may in their discretion proceed with and complete the construction of the

Schedule “C” portion at the risk and cost of the Purchaser, even if the Purchaser fails to

pay the amount mentioned in clause 3 supra, without prejudice to any other rights the

Builders may have in this agreement in such event.


5. The Purchaser hereby agree and admits the Purchaser shall be liable to pay to the

Builders ,interest @ 24% (Twenty Four percent) per annum on all the amounts due and

payable by the Purchaser under this agreement, if the amounts remain unpaid beyond seven

days from the date on which the payment falls due.

6. The Purchaser do hereby admit and agree that in view of the onerous responsibility

undertaken by the Builders in respect of the construction of the entire apartment in the

Schedule “A” property, the time for the payment of money by the Purchaser to the

Builders as mentioned above shall be treated as the essence of this agreement.

7. The Builders do hereby undertake to complete the construction work detailed in

Schedule “D” hereunder and obtain completion certificate from the appropriate

authority within a period of 24 months from this date agreement and deliver possession

of the property under Schedule “C” to the Purchaser only on full settlement of the

amount due to the Builders in respect of this agreement, as well as the cost of extra work

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done, if any. On default of such completion of construction, the Builders agree to pay

interest @ 24% (Twenty Four percent) per annum for the amounts paid by the purchaser

as per clause 3 supra, for the delayed period till completion of construction, provided that

the liability for the payment of such penal interest shall not arise if the delay in the

progress of work or stoppage of construction is due to reasons unforeseen and beyond the

control of the Builders, such as non-commotion, riots, act of God, or as a result of any

order, rule or notification of any court of law or any Government agency or any other

public or competent authority or due to delay in getting water supply or sewage

connections notwithstanding the timely applications to the appropriate authorities by the

Purchaser.

8. The Purchaser do hereby agree that, from the date of completion of construction of the

apartment by the Builders and delivery of the same to the Purchaser by the Builder, the

Purchaser will maintain the interior of the Purchaser’s apartment at the Purchaser’s own

cost and the exterior at the cost of the proposed associations .

9. The Builders do hereby agree to rectify the construction defects, if any, noticed in the

Purchaser’s apartment, within a guarantee period of one year from the date of written

notice of completion of construction of the Purchaser’s apartment. On expiry of the said

guarantee period, the Purchaser shall take the responsibility to carry out repair works and

to maintain the apartment at the cost of the Purchaser.


10. The Purchaser do hereby admit that this agreement is IRREVOCABLE and no other

Builders / Contractors will be allowed to work at the site, without the written permission of

the Builders, as the possession of the Schedule “C” property shall remain with the Builders

till it is delivered to the Purchaser.

11.The Purchaser hereby agrees that the Purchaser shall not have any right whatsoever either

to stop the construction of the apartments by the Builders, including the construction of

Schedule “C” portion or to put forth any demand to the Builders for any deviation from

the way the Builders think proper in carrying out the construction of the said building and

apartment including the Schedule “C” portion.

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12.The Purchaser do hereby agree to the covenants and conditions hereinafter contained and

further agrees that the said covenants and conditions shall be deemed to be part of the

sale deed to be executed by the Vendor and deemed to be incorporated therein.

13.The Purchaser shall bear all the expenses of conveyance like stamp duty, additional

stamp duty, registration fees, additional registration fees and other charges, incidental

expenses, etc. applicable at the time of registration in respect of all documents.

14.The (Builder) Purchaser (at the cost of purchaser) shall apply for property tax

assessment to Panchayat / Corporation authorities and shall pay the property tax in

respect of the Purchaser’s proportionate share of land and apartment, within seven days

from the date of receipt of the Corporation Assessment Order and the Purchaser shall

have to submit the application for the Panchayat / Corporation water supply, electricity

and sewage connection along with other co-owners.

15.The Purchaser do hereby confirm and submit that the Purchaser is totally satisfied with

the quantity and quality of the water available in common bore well at the apartment site.

16.The Purchaser shall use for all purposes, the water from the common bore well which is

now available at the apartment site, till such time, the Purchaser obtains Panchayat /

Corporation water supply on application to the appropriate authorities. The Purchaser is

not entitled to demand the Vendors / Builders, for any additional supply of water, as the

same, if required, has to be obtained by the Purchaser on application to the authorities or

on alternate arrangements, along with the co-owners, after getting all the flats assessed

for property tax.

17.The Purchaser shall make full payment in advance for extra works, if any. The Builders

will execute such extra items of work, only on receipt of full payment. The Builders will

not give any guarantee for such extra items of work, as the same will be executed only at

the risk and cost of the Purchaser.


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18.If the Purchaser experiences any necessity for provision of additional amenities in future,

beyond the scope of this agreement, the same has to be got done at the cost of the

Purchaser.

19.The Vendor at the request and cost of the Purchaser, shall do and cause to be done ,

execute and cause to be executed, all such further deeds and things as may be necessary

and reasonably required for further and more fully assuring the peaceful possession of the

said property to the Purchaser.

20.The Purchaser shall enjoy the said land described in Schedule “B” and the proposed

apartment described in Schedule “C” along with the owners of the other undivided shares

and apartments according to the normal practices, conventions, obligations and

restrictions that are common to the system of ownership apartments, among others, those

particularly in respect of formation of the society or association, enjoyment of common

walls, passages, staircase, sewers, water tanks, water lines and such other item that are

common to one another.

21.The Purchaser, as a matter of necessity, will enjoy the Purchaser’s undivided share in the

Schedule “A” property and which is described in the Schedule “B” hereunder in common

and consistent with the rights of the owners and occupants of the other undivided shares

in the Schedule “A” property and the owners and occupiers of apartments constructed or

to be constructed in the Schedule “A” property and will also use and enjoy in common

with the said owners and occupiers, all common sewers, drains, wires, pipes, water tanks,

water cisterns and other common amenities, now existing or here after to be constructed

or installed in the Schedule “A” property and in the building and apartments therein and

the Purchaser shall permit and also be entitled to free and uninterrupted passage of water

and drainage, power, light and air and telephone through the said common amenities.

22.The Parking space marked in the site plan and an additional car parking will be

allotted to the Purchaser and charged accordingly.

23.The Purchaser shall not or permit the use of the Purchaser’s apartment described in

Schedule “C” hereunder in a manner which would diminish the value of utility in the

building in which it is located or other apartments in the said buildings or of the common

amenities herein before referred to, or under the use thereof, the Purchaser shall not use

the apartment for any purpose other than residential purpose or in such manner as will

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cause a nuisance or annoyance or danger to the owners or occupiers of the adjoining

apartments, not to carry on any trade or business therein.

24.The Purchaser shall not put up any further building construction other than the Schedule

“C” apartment on the property to be sold to the Purchaser.


25.The Purchaser shall not decorate the exterior of the Purchaser’s apartment other than in

the manner agreed to by the majority of the owners of apartments in the Schedule “A”

property, but is entitled to decorate and repair the interior at the Purchaser’s expenses.

23.The Purchaser shall promptly pay such proportionate share of maintenance charges and

repair charges for all common amenities in the Schedule “A” property, only after

formation of a society/ association/compny, as may be decided by the majority of the

owners from time to time, in accordance with the rules and regulations, bye-laws and

terms of the society, company or association to be formed by and between the owners of

the said apartments constructed or to be constructed in the Schedule “A” property and the

purchaser shall become and remain a member of the said society, company or association

to be formed constituting the owners of the other undivided shares in the Schedule “A”

property and of the other apartments constructed or to be constructed for the purpose of

safeguarding and maintaining all matters of common and mutual interest.

24.The Purchaser shall keep the Vendors / builders as well as the owners of the apartments

indemnified against all losses, costs and damages they may be put to on account of the

Purchaser failing to pay the share of taxes or other charges or dues thereto.

26.The Purchaser shall promptly pay from the date of completion, all taxes and outgoings

payable in respect of the Purchaser’s apartment in the Schedule “A” property, and shall

also pay the appropriate share of all the taxes and expenses payable in common by the

Purchaser and other owners of apartments in the Schedule “A” property.

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25.If the Purchaser commits default in the payment of the Purchaser’s dues for the common

benefits or amenities, the owners of other apartments shall have a right to move or

withdraw such benefits or amenities from the Purchaser’s enjoyment.

26.The Purchaser has the right to use in common with all owners and occupiers of

apartments in the Schedule “A” property, all open space in the Schedule “A” property

reserved for the common enjoyment of such owners and occupiers.

27.The Purchaser has the right in common with the owners of all other apartments in the

Schedule “A” property to pass or enter other parts of the building in which the Schedule

“C” property is situated, at all reasonable time on notice, for cleaning or repairing any

walls or sanitary, electrical or water fittings, to lay pipes, cables or wires through

common installations, respecting however, the equal rights of other co-owners therefore.


32.The Purchaser has the right to vertical, horizontal and lateral support for the Schedule

“C” apartment and the walls, slabs, beams and columns separating the Purchaser’s apartment

from the remaining apartments shall be deemed to be common walls, common slabs,

common beams and common columns of the owners of the adjoining apartments and of the

Purchaser and shall be used, maintained and repaired at . the cost of the Purchaser and such

other owners in common provided always that the Purchaser and Purchaser’s successors-in

title shall not, by virtue of this deed, disturb the said common walls, common slabs, common

beams and common columns which would affect to light or air which would prejudice the

freedom and enjoyment of the remaining said apartments.

33.The Purchaser has the right in common with the other co-owners and with servants and

workmen, at all reasonable times, on notice to enter into or upon all other parts of the

building for the purpose of repairing and maintaining the Schedule “C” apartment.

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The Purchaser is entitled to sell the Schedule “B” property after the completion of all the

construction work in the Schedule “A” property and taking over possession of the finished

Schedule “C” apartment, only subject to the covenants herein contained.

34.The Vendors are retaining the original title deeds relating to the Schedule “A” property

and will, at the request of the Purchaser and at all reasonable times, give for inspection,

such title deeds to the Purchaser and / or the duly authorised agent of the Purchaser and

all persons intending to purchase any interest in the apartment and in the Schedule “B”

property from the Purchaser.

35.The Purchaser undertakes to pay the share of maintenance charges of common expenses

that will be determined by the proposed association. Any outstanding in respect thereof,

shall constitute a charge in the share of land and said apartment belonging to the

Purchaser.

36.The Parties herein agree that, if the Purchaser commits breach of the terms and

conditions of this agreement, the Purchaser shall be liable to pay damages to the Builders

and other apartment owners in addition to the forfeiture of the Purchaser’s claims over

the Schedule “B” and Schedule “C” properties and if the Vendors and / or Builders

commit breach to the terms and conditions of this agreement, the Purchaser shall enforce

this agreement through the court of law.

37.The description of the property here in below mentioned were not entered into an

agreement with anyone before this date of Sale agreement.


SCHEDULE –A

DESCRIPTION OF PROPERTY

In the Registration District of Coimbatore, In Sub Registration District of Vadavalli,

Coimbatore North, Taluk Somayampalayam Village G.S.No.670/2 P.Ac.4.42 In this

Western side of property admeasuring P.Ac.1.87. In this the entire remaining property after

sale presently Sub Divided as G.S.No.670/2A3 with an extent of P.Ac.0.65 situated within

the following boundaries and measurements.

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NORTH OF -Vadavalli –Edayarpalayam Road

SOUTH OF -The property in G.S.No.670/2A2

EAST OF -Vadavalli-Kasthurinaickenpalayam road

WEST OF -The property in G.S.No.670/2B

Admeasuring a total extent of P.Ac.0.65 (or) 28,314 Sq.ft (2630.43 Sq.Mt). In this except an

extent of 3728 Sq.ft (346.33 Sq.mt) handed over to the Panchayat for widening the

Vadavalli – Edayarpalayam Scheme Road. The remaining land of 24,586 Sq.ft (2284.10

Sq.mt) with the right of use of all amenities, roads, car track and other appurantences

thereto.

The above property lies in Somayampalayam Village Panchayat Limits.

The present sub division of the property is 670/2A3.


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SCHEDULE ‘B’

658.50 Sq.ft. (61.08 Sq. mt) of Undivided Share and interest in the Schedule “A”

Schedule land.

This property is situated in Somayampalayam Village Panchayat Limits.

.

SCHEDULE ‘C’

(Apartment to be constructed)

Apartment which will be known as Flat No: 4 - F , measuring about1477 Sq.ft of

super built up area, inclusive of proportionate share in common area, on the Fourth Floor of

the proposed inclusive of Double Car parking in the underground parking area.

ESR PLATINUM, Somayampalayam Village, Vadavalli, Coimbatore as detailed in

the plan attached herewith.


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SCHEDULE ‘D’

( Items of work in Schedule ‘C’ Apartment.)

1. Super Structure. RCC FRAMED STRUCTURE.

2. Walls with brick work in cement mortar (exterior walls 9” thick and interior walls 4/12”

thick.

3. Vitrified Tiles ( 2’ x 2’) for all the rooms and granite flooring for entrance lobby.

4. Ornamental entrance door and molded panel doors for inside.

5. UPVC windows with M. S. Grills.

6. Granite cooking platform with Stainless steel sink.

7. Glazed tiles dadoing upto 2’ above the cooking platform.

8. Designer Tiles upto roof height.

9. Matt finished ceramic tiles for the flooring.

10.Chromium plated fittings of ISI standards.

11.Parryware or equivalent porcelain sanitary fittings.

12.Inner walls finished with putty and coated with Plastic emulsion paint.

(3 coatings of putty, 1 coat primer, 2 coatings of Plastic emulsion paint)

13.Exterior walls finished with exterior emulsion paint.

14.POP cornices for living Room.

15.Three phase electrical supply for each flat.

16.Concealed copper wiring of ISI standards with modular switches.

17.Provision for T. V and Telephone points in living and bedrooms.

18.Provision for AC points in Master Bedrooms.

19.Common underground sump for Corporation water and separate overhead tank for

Corporation and Borewell water will be provided.

20.All Plumbing and fittings will be of ISI standards.

21.All hot water lines will be of CPVC pipes.

22.Borewell water with Softener Plant & Siruvani Water Supply.

23.Open terrace will be provided with weathering course finished with pressed clay tiles.

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24.Adequate lightings to the Terrace, Staircase, outside open space and at the entrance gate

in the compound wall will be provided.

FIRST PART SECOND PART THIRD

PART

( Terms common for all flats )

1. EB, Tax, Water connection, UGD shall be obtained by the purchasers.

2. Registration charges extra

3. Car Parking Inclusive.

In WITNESS WHEREOF the parties above named have here unto set their respective

hands, the day month and year first above written, the presence of


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Esr Platinum 3 Bedroom 4f r.p.karthik

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