AGREEMENT OF SALE This AGREEMENT OF SALE is made and executed on this ___ day of _________, 2013, at Hyderabad, by and between: 1. M/S. APARNA CONSTRUCTIONS AND ESTATES PRIVATE LIMITED a Company registered under the Companies Act 1956, having its registered office at #802, Astral Heights, H. No. 6-3-352/2&3, Road No.1, Banjara Hills, Hyderabad, Represented by its Director Sri. D. Someswara Prasad, S/o. Sri. D. V. Surya Rao, aged about 58 years, Occupation: Business, R/o. Plot No.23, D.No.8-1-299/SV/23, Aparna Senor Valley, Film Nagar, Jubilee Hills, Hyderabad – 500 096. 2. SRI. M. T. V. PRASAD VARMA, S/o. SRI. M. RANGA RAJU, aged about 35 years, Occ.: Private Service, R/o. Plot No. 17, R. R. Nagar, BHEL Lane, Srinagar Colony, Old Bowenpally, Secunderabad. Vendor No.2 Rep. by his GPA holder M/S. APARNA CONSTRUCTIONS AND ESTATES PRIVATE LIMITED a Company registered under the Companies Act 1956, having its registered office at #802, Astral Heights, H. No. 6-3-352/2&3, Road No.1, Banjara Hills, Hyderabad, Represented by its Director Sri. D. Someswra Prasad, S/o. Sri. D. V. Surya Rao, aged about 58 years, Occupation: Business, R/o. Plot No.23, D.No.8-1-299/SV/23, Aparna Senor Valley, Film Nagar, Jubilee Hills, Hyderabad – 500 096, vide registered General Power Of Attorney dated 28.04.2012, bearing document No.3092/IV/2012, on the file of Sub-Registrar, Serilingampally.
2
3. SRI. V. JAGADEESHWAR, S/O. Late. V. HARI SHANKER, aged about 39 years, Occupation: Agriculture, R/o. H.No.2-69, Nallagandla Village, Serilingampally Mandal, Ranga Reddy District. Vendor No.3 Rep. by his GPA holder M/S. APARNA CONSTRUCTIONS AND ESTATES PRIVATE LIMITED a Company registered under the Companies Act 1956, having its registered office at #802, Astral Heights, H. No. 6-3-352/2&3, Road No.1, Banjara Hills, Hyderabad, Represented by its Director Sri. D. Someswara Prasad, S/o. Sri. D. V. Surya Rao, aged about 58 years, Occupation: Business, R/o. Plot No.23, D.No.8-1-299/SV/23, Aparna Senor Valley, Film Nagar, Jubilee Hills, Hyderabad - 500 096, vide registered Development Agreements Cum Irrevocable General Power Of Attorney dated 07.03.2011, bearing document No.901/2011 and dated 16.09.2011, bearing document No.3134/2011, both registered on the file of Sub-Registrar, Serilingampally. 4. SMT. V. BHAGYALAKSHMI, W/O. LATE. DR. V. MALLIKARJUN, aged about 60 years, Occupation: House Wife, R/o. H.No.6, Road No.8, Banjara Hills, Hyderabad. 5. SRI. V. TEJASWI MALLIKARJUN, S/O. LATE. DR. V. MALLIKARJUN, aged about 29 years, Occupation: Student, R/o. H.No.6, Road No.8, Banjara Hills, Hyderabad. 6. SRI. V. MANU, S/O. LATE. DR. V. MALLIKARJUN, aged about 26 years, Occupation: Student, R/o. H.No.6, Road No.8, Banjara Hills, Hyderabad. Vendors No.4 to 6 are represented by their GPA holder M/S. APARNA CONSTRUCTIONS AND ESTATES PRIVATE LIMITED a Company registered under the Companies Act 1956, having its registered office at #802, Astral Heights, H. No. 6-3-352/2&3, Road No.1, Banjara Hills, Hyderabad, Represented by its Director Sri. D. Someswara Prasad, S/o. Sri. D. V. Surya Rao, aged about 58 years, Occupation: Business, R/o. Plot No.23, D.No.8-1-299/SV/23, Aparna Senor Valley, Film Nagar, Jubilee Hills, Hyderabad-500 096, vide registered Development Agreement Cum Irrevocable General Power Of Attorney dated 18.08.2011, bearing document No.3133/2011, on the file of Sub-Registrar, Serilingampally. 7. SRI. V. SRISAILAM GOUD, S/O. SRI. V. SUBHODI KISHAN, aged about 71 years, Occupation: Agriculture, R/o. H.No.2-68, Nallagandla Village, Serilingampally Mandal, Ranga Reddy District. 8. SMT. G. SUDHA VANI, W/O. SRI. SRINIVAS GOUD, D/O. SRI. V. SRISAILAM GOUD, aged about 41 years, Occupation: House Wife, R/o. H.No.1-11-51, Chinna Thokatta Bowenpally, Secunderabad.
3
9. SRI. V. JAYA KRISHNA, S/O. SRI. V. SRISAILAM GOUD, aged about 39 years, Occupation Agriculture, R/o. H.No.2-68, Nallagandla Village, Serilingampally Mandal, Ranga Reddy District. 10. SMT. K. PRASANNA LAKSHMI, W/O. SRI. K. SARATH BABU, D/O. SRI. V. SRISAILAM GOUD, aged about 37 years, Occupation: House Wife, R/o. Jukkal Village, Shamshabad Mandal, Ranga Reddy District. 11. SRI. V. MALLIKARJUN GOUD, S/O. SRI . V. SRISAILAM GOUD, aged about 31 years, Occupation: Business, R/o. H.No.2-68, Nallagandla Village, Serilingampally Mandal, Ranga Reddy District. 12. SRI. V. AJAY KUMAR, S/O. SRI V. SRISAILAM GOUD, aged about 29 years, Occupation: Business, R/o. H.No.2-68, Nallagandla Village, Serilingampally Mandal, Ranga Reddy District. Vendors No.7 to 12 are represented by their GPA holder M/S. APARNA CONSTRUCTIONS AND ESTATES PRIVATE LIMITED a Company registered under the Companies Act 1956, having its registered office at #802, Astral Heights, H. No. 6-3-352/2&3, Road No.1, Banjara Hills, Hyderabad, Represented by its Director Sri. D. Someswara Prasad, S/o. Sri. D. V. Surya Rao, aged about 58 years, Occupation: Business, R/o. Plot No.23, D.No.8-1-299/SV/23, Aparna Senor Valley, Film Nagar, Jubilee Hills, Hyderabad-500 096, vide registered Development Agreement Cum Irrevocable General Power Of Attorney dated 27.05.2011, bearing document No.1822/2011, on the file of Sub-Registrar, Serilingampally. (Hereinafter called the “VENDORS”) AND M/S. APARNA CONSTRUCTIONS AND ESTATES PRIVATE LIMITED a Company registered under the Companies Act 1956, having its registered office at #802, Astral Heights, H. No. 6-3-352/2&3, Road No.1, Banjara Hills, Hyderabad, Represented by its Director Sri. D. Someswara Prasad, S/o. Sri. D. V. Surya Rao, aged about 58 years, Occupation: Business, R/o. Plot No.23, D.No.8-1-299/SV/23, Aparna Senor Valley, Film Nagar, Jubilee Hills, Hyderabad – 500 096. (Hereinafter called the “DEVELOPER”) AND
4 1. Sri. Kolluri Vasantha Vinodh, S/o. Sri. Kolluri Satya Venkat Raju, aged about 31 years, Occupation: Employee, R/o. 6-53, Surya Complex, Main Road, Ganapavaram, West Godavari Dist, AP-534198; Presently Residing at: 404, RK Towers, Block A1, Near Gitanjali School, Mayuri Marg, Begumpet, Hyderabad – 500016. 2. Smt. Kolluri Mahalakshmi, W/o. Sri. Kolluri Vasantha Vinodh, aged about 23 years, Occupation: Housewife, R/o. 6-53, Surya Complex, Main Road, Ganapavaram, West Godavari Dist, AP-534198; Presently Residing at: 404, RK Towers, Block A1, Near Gitanjali School, Mayuri Marg, Begumpet, Hyderabad – 500016. (Hereinafter called the “PURCHASER/S”) The expressions the "VENDORS", DEVELOPER and "PURCHASER/S" shall mean and include their respective heirs, legal representatives, executors, administrators, assignees, liquidators, successors-in-interest, etc., wherever the context permits. Vendor No.1 (Ac. 12-37 Gts): Whereas the Vendor No.1 is absolute Owner and Possessor of land admeasuring Ac.12-37 Gts, situated at Nallagandla Village, Serilingampally Mandal, Ranga Reddy district, having acquired the same in the following manner: Sl. No. 1.
2.
3.
4.
5. 6. 7.
Sale Deed date & Document No. 1362/2012 23.02.2012 2935/2012 12.04.2012 1335/2012 22.02.2012 20601/2006 20.09.2006 9765/2007 30.04.2007
Executed by
Survey No.
Extent Ac.- Gts
169/A
0-09
Sri. Jangam @ Vastrala Veera Mallesh Alias Veera Mallaiah and 4 Others
169/AA
0-09
Sri. Jangam @ Vastrala Sadanandam and 3 Others
169/E
0-09
169/AA
0-12
202
1-00
169/EE
0-14
170
0-17
183/A
0-07
179
0-14
Sri. Jangam @ Vastrala Basavaiah and Another
Smt. V. Rajini and 5 Others
Smt. V. Rajini and 4 Others
1623/2011; 11.05.2011
Sri. N. Veerabhadraiah Goud and 5 Others
1320/2010
Smt. B. Kistamma and 12 Others
15.04.2010
5 Sl. No.
Sale Deed date & Document No.
Executed by
Survey No. 180/A & 180/AA
8.
2518/2011 02.07.2011
Sri. B. Venkat Reddy and 6 Others
Extent Ac.- Gts 0-12
183/E & 183/E1
0-06
208/A & 208/AA
0-08
181/AA1, 9.
10.
11.
12.
13.
14.
15.
16.
17.
1582/2011 09.05.2011
2550/2010 07.07.2010 1624/2011 11.05.2011
25538/2006 05.12.2006
3332/2011 06.09.2011 2685/2008 28.08.2008 2892/2009 04.12.2009 1820/2011 25.05.2011 20600/2006 23.09.2006
Smt. B. Tulsamma and 14 Others
181/AA2,
0-15
181/AA3 & 181/AA4
Smt. B. Anjamma and 10 Others
181/A
0-08
Sri. P. Narasimha and 6 Others
181/A1
0-07
183/A
0-061/2
183/A1
0-061/2
207/A
0-05
207/AA
0-05
184
0-17
Sri. Bollampally Narayana Reddy and Another
185
0-10
186
0-04
Sri. B. Pratap Reddy and 5 Others
185
0-11
186
0-03
Smt. B. Padmamma and 14 Others
185
0-10
186
0-04
Sri. Kammari Narayana and 13 Others
187/AA
0-24
199/AA
0-13
Sri. M. Anand and 2 Others
Sri. Padiga Ramchander Alias Mangali P. Ramchander and 4 Others
6 Sl. No. 18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
Sale Deed date & Document No. 1434/2010 06.05.2010 420/2012 28.01.2012
955/2007 03.10.2006
21167/2006 04.10.2006
1864/2007 10.01.2007
82/2010 16.12.2010 20621/2006 29.09.2006 22204/2006 19.10.2006 3452/2011 12.09.2011 19640/2006 27.09.2006 2549/2010 06.07.2010 1827/2011 30.05.2011
187/A
Extent Ac.- Gts 0-12
199/A1
0-06
187/A
0-06
199/A
0-03
189
0-07
190
0-07
191
0-07
197
0-11
190
0-07
191
0-07
197
0-11
190
0-03
191
0-041/2
197
0-05
190
0-03
191
0-041/2
197
0-05
Sri. K. Sunil Reddy and Others
198/AA
0-15
Sri. Vadla @ Sanatana Ramachary and Others
198/E
0-15
Sri. Someswara Swamy Devasthanam and Others
200
0-04
Smt. C. Chitar Bai and 10 Others
201
0-07
Sri. Muthyala Sayanna and 6 Others
201
0-03
Sri. M. Vasanth Kumar and Others
206/A
0-21
Executed by Sri. Kammari Narasimha Chary and Others Sri. Kammari Srinivas Chary and 2 Others
Sri. M. Damodar Reddy and 6 Others
Sri. Manchi Revula @ Perreddy Ranga Reddy and 11 Others Sri. M. Buchi Reddy and Others
Sri. M. Mohan Reddy and Others
Survey No.
7
Sl. No. 30.
31.
Sale Deed date & Document No. 1815/2011 02.06.2011 2358/2011 07.07.2011
Executed by Sri. Ragam Pochaiah
Survey No.
Extent Ac.- Gts
206/AA
0-18
209/A Smt. B. Parvatamma and 13 Others
209/AA
0-19
209/E TOTAL
12-37
Whereas, the Thasildar Serilingampally Mandal, Ranga Reddy District mutated the name of the Vendor No.1 in the Revenue records in the following manner:
Proceedings No. & Date
Survey No.
Extent Ac. – Gts
B/103/2012 18-08-2012
B/173/2012 18-08-2012
169/A 169/E 169/EE 169/EE 169/AA
0-09 0-09 0-14 0-12 0-09
2. 3.
B/167/2011 03-01-2012 B/194/2010 15-11-2010
170 179
0-17 0-14
4.
B/243/2011 03-01-2012
180/A & 180/AA
0-12
5.
B/263/2011 18-08-2012
181/A
0-08
181/A1
0-07
181/AA1
0-03
181/AA2
0-04
181/AA3
0-04
181/AA4
0-04
Sl. No.
1.
6.
B/851/2007 04-12-2007
B/167/2011 03-01-2012
8 Extent Sl. No.
Proceedings No. & Date
Survey No. Ac. - Gts
7. 8.
B/194/2010 15-11-2010
183/A
0-07
183/A
0-061/2
183/A1
0-061/2
B/86/2007 28-03-2007
9.
B/243/2011 03-01-2012
183/E & 183/E1
0-06
10.
B/243/2011 03-01-2012
184
0-17
11.
B/167/2011 03-01-2012
185
0-10
12.
B/402/2009 03-07-2010
185
0-10
13.
B/401/2009 03-07-2010
185/E
0-11
14.
B/167/2011 03-01-2012
186
0-04
15.
B/401/2009 03-07-2010
186
0-03
16.
B/402/2009 03-07-2010
186
0-04
B/194/2010 15-11-2010
187/A
0-12
B/42/2008-15 22-06-2010
187/AA
0-24
B/98/2012 18-08-2012
187/A
0-06
189
0-07
190
0-10
190
0-03
17.
B/222/2007 -5/2007 18. B/113/2011 03-01-2012
9
Extent Sl. No.
Proceedings No. & Date
Survey No. Ac. - Gts 190
0-07
191
0-07
197
0-11
B/222/2007 -5/2007
191
0-111/2
B/113/2011 03-01-2012
191
0-041/2
B/113/2011 03-01-2012
197
0-05
21.
B/222/2007 -05-2007
197
0-16
22.
B/42/2008-15 22-06-2010
198/AA
0-15
23.
B/178/2008-2 18-11-2008
198/E
0-15
B/1651/2006 28-03-2007
199/AA
0-13
B/98/2012 18-08.2012
199/A1
0-03
B/194/2010 15-11-2010
199/A1
0-06
25.
B/243/2011 03-01-2012
200
0-04
26.
B/1651/2006 28-03-2007
201
0-07
27.
B/263/2011 18-08-2012
201
0-03
28.
B/1651/2006 28-03-2007
202
1-00
19.
20.
24.
B/178/2008-1 18-11-2008
10 Extent Sl. No.
Proceedings No. & Date
Survey No. Ac. - Gts
29.
30.
206/A
0-21
206/AA
0-18
207/A
0-05
207/AA
0-05
B/167/2011 03-01-2012
B/86/2007 28-03-2007 208/A
31.
B/243/2011 03-01-2012
0-08 208/AA 209/A
32.
B/243/2011 03-01-2012
209/AA
0-19
& 209/E
Vendor No.2 (Ac.1-39 Gts): Whereas, the Vendor No.2 is Owner and Possessor of land admeasuring Ac.1-39 Gts situated at Nallagandla Village, Serilingampally Mandal, Ranga Reddy District, in the following manner: Sl. No.
Sale Deed date & Document No.
Executed by
Survey No.
Extent Ac.- Gts
202
0-04
187/A
0-06
199/A
0-04 0-21
1.
25985/2006 22.12.2006
Smt. V. Rajini and Another
2.
7664/2007 21.05.2007
Sri. K. Lava Chary and Others
3.
8203/2007 23.05.2007
Sri. Vadla Brahmaiah Alias Vadla Brahma Chary and Others
198/A
4.
9482/2007 26.06.2007
Sri. A. Ramdas and Others
203/A
5.
9099/2007 26.06.2007
Sri. A. Ramchander and Others
203/AA
0-16.5 0-16.5
11
Sl. No.
Proceedings No. & Date
Extent Survey No.
Sl. No. Ac. - Gts
6.
26100/2006 21.06.2006
Sri. N. Ashok
204/A
0-06
7.
26099/2006 21.12.2006
Sri. N. Ashok
204/AA
0-05
TOTAL
1-39
Whereas, the Thasildar, Serilingampally Mandal, Ranga Reddy District mutated the name of the Vendor No.2 in the Revenue records in the following manner: Sl. No.
Proceedings No. & Date
Survey No.
Extent Ac. – Gts
1.
B/42/2008-14 22-06-2010
187/A
0-06
2.
B/42/2008-14 22-06-2010
198/A
0-21
3.
B/81/2009 22-06-2010
199/A
0-04
4.
B/179/2008 18-11-2008
202
0-04
B/850/2007 12-11-2007
203/A
0-161/2
5. B/731/2007 30-08-2007
203/AA
0-161/2
6.
B/42/2008-14 22-06-2010
204/A
0-06
7.
B/179/2008 18-11-2008
204/AA
0-05
Whereas, the Vendor No.2 executed registered General Power Of Attorney dated 26.04.2012, bearing document No.3092/2012, on the file of Sub-Registrar, Serilingampally, in favour of the Vendor No.1 in respect of the above land.
12 Vendor Nos.3 to 6 (Ac.5-00 Gts): Whereas, Sri. Subbudi Kishan died leaving behind him his 3 Sons Sri. Hari Shanker, Sri. Mallikarjun and Sri. Sridhar as his legal heirs and an oral partition took place between them and the same was confirmed vide proceedings No.C/1254/90, dated 02.05.1991, issued by the Thasildar, Serilingampally Mandal, and the land in Survey Nos.205, 212 & 213 of Nallagandla Village, Serilingampally Mandal, Ranga Reddy District, was allotted to Sri. Hari Shanker and Sri. Mallikarjun in the following manner: Sl. No.
1.
Name of the Legal heir
Sri. Hari Shanker
Sri. Mallikarjun
Survey No.
Extent Ac. – Gts
212
2-17
213
2-12
214
2-05
205
2-26
213
2-12
2. Whereas, Sri. Hari Shanker along with his son Sri. V. Jagadeeshwar Vendor No.3 herein entered into registered Development Agreement Cum Irrevocable General Power Of Attorney dated 07.03.2011, bearing document No.901/2011, on the file of SubRegistrar, Serilingampally, with the Developer in respect of land admeasuring Ac.2-14 Gts in Survey No.212 and 213 of Nallagandla Village, Serilingampally Mandal, Ranga Reddy District. Whereas, Sri. Hari Shanker died leaving behind his son Sri. V. Jagadeeshwar the Vendor No.3 herein as his legal heir. Whereas, Sri. Mallikarjun died leaving behind his wife Smt. Baghyalakshmi the Vendor No.4 herein, sons Sri. Tejaswi Mallikarjun and Sri. V. Manu the Vendors No.5 & 6 herein. Whereas, the Vendor No.3 herein transferred the land admeasuring Ac.0-26 Gts in Survey No.213 of Nallagandla Village, Serilingampally Mandal, Ranga Reddy District, to Smt. V. Baghyalakshmi and her sons the Vendors No.4 to 6 herein in leiu of the Vendors No.4 to 6 transferred the land admeasuring Ac.0-26 Gts in Survey No.205 of Nallagandla Village, Serilingampally Mandal, Ranga Reddy District, by way of exchange and executed registered Exchange Deed dated 19.08.2011, bearing document No.3124/2011, on the file of Sub-Registrar, Serilingampally.
13 Whereas, the Vendor No.3 entered into registered Development Agreement Cum Irrevocable General Power of Attorney dated 16.08.2011, bearing document No.3134/2011, on the file of Sub-Registrar, Serilingampally, with the Developer in respect of the land admeasuring Ac.0-26 Gts in Survey No.205, of Nallagandla Village, Serilingampally Mandal, Ranga Reddy District. Whereas, the Vendors No.4 to 6 entered into registered Development Agreement Cum Irrevocable General Power of Attorney dated 16.08.2011, bearing document No.3133/2011, on the file of Sub-Registrar, Serilingampally, with the Developer in respect of the land admeasuring Ac.2-00 Gts in Survey No.205, of Nallagandla Village, Serilingampally Mandal, Ranga Reddy District. Vendors No.7 to 12 (Ac.1-05 Gts): Whereas, the Vendor No.7 was Original Pattadar in respect of land admeasuring Ac. 2-09 Gts in Survey No.202 of Nallagandla Village, Serilingampally Mandal, Ranga Reddy District, and the said land the Vendor No.7 is entitled Ac.1-05 Gts and his brother Sri. Srinivasulu is entitled to Ac.1-04 Gts as evident from the Pahanis. Whereas, the Vendor No.7 along with his children the Vendors No. 8 to 12 entered into registered Development Agreement Cum irrevocable General Power Of Attorney dated 27.05.2011, bearing document No.1822/2011, with the Developer in respect of his share of land admeasuring Ac. 1-05 Gts in Survey No.202 of Nallagandla Village, Serilingampally Mandal, Ranga Reddy District. Whereas, Greater Hyderabad Municipal Corporation granted the Permission for the construction of Multi-Storied Residential Building consisting of Block-A to Q: Cellar, Ground + Upper (9) Floors; Block-S, T & U: 2 Cellars, Ground + Upper (9) Floors & Block-R: Cellar, Ground + Upper (4) Floors & Amenities Block: Cellar, Ground + Upper (4) Floors in the land admeasuring 85,084.50 Square Meters or 101760.21 Square yards equivalent to Ac. 21-01 Gts in Survey Nos. 169, 170, 179, 180, 181, 183, 184, 185, 186, 187, 189, 190, 191, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 212 & 213 situated at Nallagandla Village, Serilingampally Mandal, Ranga Reddy District more particularly in Schedule-A annexed hereto and hereinafter called the Schedule-A property, vide Permit No.17746/HO/WZ/Cir-11/2012 and dated: 10-12-2012 in File No.53198/01/08/2012.
14 Whereas, the Purchaser/s herein, after having been satisfied with the Title of the Vendors and the terms of the scheme, approached the Vendor No.1/Developer to purchase, Apartment No. 810, in Floor No. 8th, in Block No. E with Plinth Area of 1310 Sft. and common area of 290 Sft. totaling to built up area of 1600 Sft. in “Aparna CyberZon” along with undivided share of land admeasuring 63 Sq.Yards in ScheduleA Property, more particularly described in the Schedule-B annexed hereto and hereinafter called the “Schedule-B Property” with a view to join the scheme for the purpose of having an Apartment constructed in their name. Whereas, Vendor No.1/Developer has nominated the Purchasers for transfer of the Schedule-B Property and accordingly, the Vendors and Developer execute this Agreement of Sale in compliance with the terms of the scheme. NOW THIS DEED OF AGREEMENT OF SALE WITNESSETH AS FOLLOWS: 1. The Vendors shall sell and the PURCHASER/S shall purchase the Schedule-B Property for a Sale Consideration including Amenities for an amount of Rs.59,30,000/- (Rupees Fifty Nine Lakhs Thirty Thousand Only), out of which, the PURCHASER/S has/have paid a sum of Rs.11,86,000/- (Rupees Eleven Lakhs Eighty Six Thousand Only), as earnest Money to the Vendor No. 1/Developer at the request of the other Vendors as detailed below: Date
Cheque No.
Name of the Bank
Branch
20.07.2013
022237
ICICI Bank Ltd
Madhapur, Hyderabad
3,00,000/-
10.10.2013
RTGS
-
-
8,86,000/TOTAL
Amount in Rs.
11,86,000/-
2. The Vendor No. 1/Developer hereby admits and acknowledges the receipt of the amount as mentioned above. The PURCHASER/S shall pay the balance amount of Rs.47,44,000/-(Rupees Forty Seven Lakhs Forty Four Thousand Only), to the Vendor No.1 as per the Payment Schedule linked to progress of construction work of the respective apartment in the following manner:
15 PAYMENT SCHEDULE FOR BALANCE SALE CONSIDERATION Sl. No Description of Progress of Work
Installment Amount
1
On Completion of Ground Floor Slab
5,93,000/-
2
On Completion of 3rd Floor Slab
5,93,000/-
3
On Completion of 6th Floor Slab
5,93,000/-
4
On Completion of 9th Floor Slab
5,93,000/-
5
On Completion of Brick Work (of respective apartment)
5,93,000/-
6
On Completion of External Plastering & Internal Plastering (of respective apartment)
5,93,000/-
7
On Completion of Electric wiring, Plumbing lines (of respective apartment)
5,93,000/-
8
On Completion of Flooring (of respective apartment)
2,96,500/-
9
On Completion of Painting and final fixtures (of respective apartment) Handing Over (of respective apartment)
1,77,900/-
10
TOTAL
1,18,600/47,44,000/-
3. The purchaser/s shall issue post dated cheques for all installments as per the Payment Schedule given above irrespective of mode of funding i.e., self / bank finance. The Purchaser/s unconditionally agrees to sign the disbursement forms of respective banks in advance along with this agreement and handover such papers to the Vendor No.1/Developer enabling the Vendor No.1/Developer to submit with respective banks for release of payments avoiding delay in releasing the installment amounts without any hindrance and the Vendor No.1/Developer hereby undertake and confirm to the purchaser/s that the said disbursal form and the Demand Letter from Vendor No.1/Developer will be submitted with respective banks with prior intimation to the purchaser/s; and the purchaser/s undertake/s to release the payments within 15 days from the date of attaining such milestone / landmark of construction progress mentioned in the payment schedule, on receiving such intimation. The Post Dated Cheques will be used only in case the customer refuses to issue clearance to the bank to disburse installments, despite the Vendor No.1/Developer attaining/completing the given landmark/milestone. The post dated cheques will be returned to the purchaser/s once, the respective installment
16 amount is released and the amount of such installment is credited to the account of Vendor No.1/Developer. The Purchaser/s shall pay the balance sale consideration in installments on completion of indicated work progress of respective apartment mentioned in the above payment schedule, without any delay. The Purchaser/s shall not under any circumstances delay such installment beyond 15 days from date of intimation. However, the Vendor No.1/Developer in its absolute discretion and without being bound may condone the delay for a further period of fifteen days on payment of interest @ 2% per month from the date of intimation for releasing such installment and unless it is so condoned by receiving the amount with interest, in writing, it is deemed that the Purchaser/s has committed default. The Vendor No.1/Developer is entitled to cancel this agreement, if the Purchaser/s commits any default in making payment as per the above mentioned payment schedule. 4. The Vendor No.1 / Developer has obtained and availed Construction Finance from ICICI Bank Ltd. for Construction of the said Project. However, the Developer shall obtain “No Objection/Release of charge” from ICICI Bank Ltd., while availing Housing Loan for the said apartment by the purchaser/s on submission of Sanction Letter from the concerned Bank / Financial Institution. The Vendors hereby assures the Purchaser/s that the Schedule-B Property shall be free from all encumbrances, prior agreements, mortgages, charges and liabilities etc. on submission of “No Objection/Release of charge” from ICICI Bank Ltd., to the concerned Bank/Financial Institution wherein the Purchaser/s has/have availed the housing loan. The Vendors assures to the Purchaser/s that the Schedule-A Property will be free from all encumbrances once Vendor No.1/Developer obtains certificate of “No Objection/Release of Charge” from ICICI Bank Ltd., for all Apartments. 5. If the Purchaser/s intends to withdraw from the scheme or commits default as mentioned above, the Vendor No.1/Developer is entitled to cancel this Agreement, without any notice to the Purchaser/s. If such is the case, the Vendor No.1/Developer at its discretion, refund the amounts already paid by the Purchaser/s, only after duly deducting the cancellation charges @ 10% on the total sale consideration including charges for amenities along with interest payable for that period of non-payment of installment; that too only on completion of the entire project or on alienating the said Apartment to a third party whichever is later. If the amount paid by the Purchaser/s is less than the amount payable towards cancellation charges and interest as stated herein or as the case may be, the Vendor No.1/Developer is entitled to recover liquidated damages from the Purchaser/s by all means.
17 6. If the Purchaser/s intends to transfer the Schedule-B Property to a third party or brings an alternative purchaser for the said apartment, the Vendor No.1/Developer at their sole discretion may permit such transfer if the Vendor No.1/Developer is satisfied about the willingness and ability of the third party to comply with all the terms and conditions of the scheme. The Vendor No.1/Developer may allow such transfer as a special case, if the Purchaser/s pays an amount of Rs.3,00,000/- (Rupees Three Lakhs only) or such other amount as may be fixed by the Vendor No.1/Developer from time to time, towards the transfer fee, in addition to the amounts payable under this Agreement and the Vendor No.1/Developer shall refund the balance amount to the Purchaser/s only on the condition that such alternative purchaser pays the entire amount payable in respect of the Schedule-B Property including the charges for amenities, Corpus fund, Maintenance for 2 years, Caution Deposits and any other amount payable either to the Vendor No.1/Developer its nominee or to the Society. 7. The Vendors and Developer shall execute the registered sale deed in favour of the Purchaser/s only. The Purchaser/s is not entitled to transfer his rights or assign this agreement or otherwise nominate third party in respect of the Schedule-B Property in any manner, without the written consent of the Vendor No.1/Developer. The Purchaser/s shall not sell or otherwise dispose of the Schedule-B Property to any third party till the completion of the Project or till 90% of the total number of apartments in project is sold by the Vendor No.1/Developer, whichever is later. Any such trading or speculative action like resale to a third party in respect of the Schedule-B Property is strictly prohibited. This prohibition is made in the interests of the Project and it is understood by both the parties that such trading or speculative transactions affect the business of the Vendor No.1/Developer and consequently, impairs the scheme and the completion of the project in the given schedule. 8. The Purchaser/s intends and offer to sell/re-sale/transfer/alienate/nominate the said apartment to a third party, after the registered sale deed is being executed by the Vendor No.1/Developer, the Purchaser/s agrees to pay an amount of Rs.50,000/- (Rupees Fifty Thousand only) to the Vendor No.1/Developer till the society is formed and to the Society once the society is formed towards such transfer charges; and undertake to obtain No Objection/Due Certificate and written consent from the Vendor No.1/Developer/Society to sell/re-sale/transfer/ alienate/nominate the said apartment to a third party. In such a case, the purchaser/s agrees to clear all the dues including Corpus Fund, Maintenance Charges for 2 years and Caution Deposit, to issue No Objection/Due Certificate by the Vendor No.1/Developer.
18 9. Service Tax, V.A.T., Registration charges and any other charges / levies shall be extra payable by the Purchaser/s at the time when it becomes due as per the provisions of the respective acts as applicable. 10. Notwithstanding the payment schedule mentioned above, if the Purchaser/s pays 70% of the sale consideration, the Vendors and Developer shall execute the registered Sale Deed in respect of Schedule-B Property in favour of the Purchaser/s and in such case, the Purchaser/s shall enter into a suitable Construction Agreement in respect of the construction to be made or such other agreement in respect of the remaining installments, along with post dated Cheques for due payment of such installments irrespective of the mode of payment i.e., self funding or suitable arrangement with the financing bank/institution for release of the balance installments/balance consideration directly to the Vendor No.1/Developer. However, the Vendor No.1/Developer shall have absolute lien over the Schedule-B Property till all the installments/balance of consideration is fully paid and the Purchaser/s shall not be entitled for delivery or possession of the Apartment till all the amounts payable under this Agreement are fully paid to the Vendor No.1/Developer. 11. This Agreement shall be in force notwithstanding the execution of the Sale Deed in respect of the Schedule-B Property and shall become void only after payment of all the amounts due under this Agreement and accordingly, the possession will be delivered to the Purchaser/s. 12. It is agreed by both the parties that in the interests of the scheme and to ensure smooth maintenance for the initial two years, the Vendor No.1/Developer or his nominee is entitled to maintain the common areas, amenities for a period of initial two(2) years and for the said purpose, the Purchaser/s has agreed to pay either to the Vendor No.1/Developer or to the company nominated by the Vendor No.1/Developer @ Rs.50/- per Sq. Ft. on total built-up area plus taxes extra as applicable, in addition to Rs.1,00,000/- (Rupees One Lakh Only) towards Corpus Fund in the name of Aparna CyberZon Owners Welfare Society (to be formed by the Vendor No.1/Developer on par with other Apartments Owners of the ScheduleA Property; and an amount of Rs.40,000/- towards Gas Pipeline /Connection Charges with applicable taxes shall be paid by the purchaser to Vendor No.1/Developer at the time of handing over of the apartment.
19 13. The Purchaser/s shall pay an amount of Rs.10,000/- (Rupees Ten Thousand only) towards Non-refundable Deposit as Caution Deposit against the user / subscription charges at the time of handing over the Apartment along with full and final settlement of account. Also, the Purchaser/s shall pay an amount of Rs.20,000/(Rupees Twenty Thousand only) as Caution Deposit to the Vendor No.1/Developer along with the final dues, before handing over of the Apartment. Expenses towards Charges for debris removal, water consumed and electricity consumed and any other expenses / charges / loss / damages during the execution of interiors, as the case may be, whichever are as applicable will be debited to this account. The balance amount of refundable deposit will be returned to the Purchaser/s by the Vendor No.1/Developer within one month on finalization of this account. The regular common maintenance shall commence immediately after the Vendor No.1/Developer is ready with all the common amenities and facilities and sends a communication of handing over of apartments. The commencement of maintenance shall be from the date as mentioned in the said communication irrespective of whether or not the purchaser taking the possession of the apartment; and the company will have nothing to do if the purchaser/s did not take the possession of apartment. 14. It is agreed by the Purchaser/s that he/she/they shall alone be liable to pay the maintenance charges, irrespective of whether the Apartment is occupied or not or occupied by a tenant or any other person. The Society shall have charge on every Apartment for all the amounts including the maintenance charges, due from the Purchaser/s or other occupant. 15. However, Clubhouse Block which consists of the area allocated towards Clubhouse and related activities as mentioned in Schedule-D shall belong to “Aparna Cyberzon Owners Welfare Society” and will remain and continue to be the property/ies of the said society. The said Block of Clubhouse and related activities can be transferred to the society, if the elected body of the community deems to do so, at the cost of the society (i.e., Service Tax, V.A.T., Registration charges and any other charges / levies shall be borne by the Society). 16. However, the Clubhouse as defined in Schedule-D will be handed over to the society within 90 days after formation of elected body. Elections will be conducted for the purpose of formation of elected body, only when at least 50% of apartments are occupied in the community.
20 17. The Purchaser/s can avail all the facilities covered under clubhouse as Life Members up on payment of the given subscription/user charges as applicable, decided by Vendors/Developer from time to time or society after the mandatory 2 years maintenance by Vendor No.1/Developer or its nominee. 18. The Purchaser/s shall pay user charges in respect of Clubhouse, Gym, Swimming Pool and all other facilities provided by the Vendor No.1/Developer or to its nominee as per the usage under the Clubhouse rules and regulations and other notices given from time to time. Such user charges shall be paid to the Vendor No.1/Developer or its nominees who are the core service providers and thereafter to the society or its nominee, after the mandatory 2 years maintenance by Vendor No.1/Developer or its nominee. 19. The “Vendor No.1/Developer” confirms that the Schedule-B property shall be developed / constructed in accordance with the sanctioned plan and shall complete the same on or before 30th June, 2015 with a grace period of 6 months i.e., 31st December, 2015. The Purchaser/s is entitled for a rent @ Rs.5/- per Sq. ft. per month on total built-up area from 1st January 2016 onwards till the possession is delivered. This penalty is applicable to those of the Purchaser/s subject to the condition that every payment is made on time without any delay as per the Payment Schedule mentioned above for a standard unit/Apartment only. Also, the said time limit shall not be applicable, if the delay occurs on account of act of God like natural calamities, political unrest of any sort affecting law and order effecting progress of work, non-availability of essential inputs, intervention of Government authorities and any other reason not attributable to the Vendor No.1/Developer or if the Purchaser/s is in default at any time. 20. Any type of modifications, changes, variations and alterations to the structural, elevation and architectural features shall not be permitted. However, a request from the purchaser for minor one time internal modifications to the respective Apartment is permitted within a specified time. It is the sole discretion of the Vendor No.1/Developer to accept such request in consultation with Architect and other service consultants and construction team to evaluate the request and decide to accept or reject.
21 21. The Purchaser/s is liable to pay towards internal modifications, if any; indicated in the estimate furnished by Vendor No.1/Developer. The Vendor No.1/Developer shall commence the internal modifications only upon receiving the full amount (i.e., 100% of the estimated cost furnished/notified by the Vendor No.1/Developer) with in fifteen days from the date of written communication from Vendor No.1/Developer or else the Vendor No.1/Developer with no prior intimation to the Purchaser/s, reserves the right to proceed ahead as standard Apartment without modifications being executed. 22. The Vendors/Developer provides 12(Twelve) months warranty on workmanship and other fixtures. However, this does not cover hair line cracks on walls. 23. The Purchaser/s hereby agree/s that any taxes, levies and any other charges levied from time to time by the Government either Central or State or competent authorities or any other statutory bodies and also any incidental expenses / charges payable as on the date of this agreement and applicable and payable from the date of this agreement, until the handing over of the physical possession shall be paid by the purchaser. 24. The Purchaser/s shall abide by the plan and designs of the construction approved by the consultants, as being constructed by the Vendor No.1/Developer, in accordance with the specifications. The Vendor No.1/Developer shall have the absolute right to make such variations, changes, amendments, alter or modify the plans, designs elevations and specifications of the Schedule-B Property and/or of the building, including relocating the common/utility areas and other amenities as may be considered fit or may be required by the competent authority, which changes would be notified to the Purchaser from time to time. The Purchaser/s shall not be entitled to alter the external appearance, color scheme of the exterior of the building and shall maintain the Vendor No.1/Developer name, logo and project name displayed at the project site at all times without resorting to any changes. The proposed welfare society and general body or office bearers of the society also shall have no authority to change the logo and name of the complex/community. 25. The Purchaser/s shall not be allowed to use any type of own/outside materials other than those mentioned in the Schedule-C that are provided by Vendor No.1/Developer. No credits or deductions will be allowed.
22 26. The Purchaser/s grants and agree that the Vendor No.1/Developer and/or Society has the right to enforce the collection of any dues including maintenance etc. by such means of withholding the provision of utilities including water supply and electricity connection for non-payment of dues or taking any other measures to ensure proper and timely payment of dues by the Purchaser/s. 27. The Vendors/Developer are not to be held responsible in the event of force majeure where, any changes in rules, regulations, bye-laws of various statutory bodies and authorities affecting the project, imposed on/applicable, undue delay in grant of any No Objection Certificate / permission / license / connection for installation of any services, such as electricity connections and water connections and availability of meters to the units/project or in obtaining a completion certificate from the appropriate authority or whatsoever reasons shall be construed as force majeure, after the date of this agreement. 28. Without prejudice to the rights of the Vendors/Developer, the Vendors/Developer reserves the right to allot the car parking slots where such area is more specifically delineated i.e., in the same block / adjacent block. The car parking slots would be allotted to purchaser/s on the basis of draw system by way of lucky dip (lottery) after completion of project and before commencing handing over of the apartment. 29. The Purchaser/s may visit the site only during times and places on prior written communication and consent within the Project site notified by Vendor No.1/Developer. It is advised not to visit the Project site while construction activity is ongoing. The Vendor No.1/Developer is not to be held responsible for any accidents that may occur for not adhering to the guidelines issued by Vendor No.1/Developer. 30. The Vendors assures the Purchaser/s that Schedule-B Property is free from all encumbrances, prior agreements, mortgages, charges and liabilities etc. subject to clause No. 4 of this agreement.
23 31. The Vendor No.1/Developer hereby undertake to develop the whole of the Residential Apartments by fulfilling all the conditions imposed by GHMC and construct the Schedule-B Property as per the specifications mentioned in the Schedule-C, annexed hereto. 32. The Vendors has fully disclosed all facts relating to their right, title and interest in respect of the Schedule-B Property and this agreement constitutes and represents the entire agreement between the parties and cancels and supersedes all prior arrangements, agreements or understandings, negotiations and discussions, if any; whether oral or writing, between the parties on the subject matter hereof, or in respect of any matters dealt with herein and on such basis, the Purchaser/s has accepted and unconditionally agreed and entered this Agreement of Sale with free will and consent and without any coercion or whatsoever. 33. The Purchaser/s along with other Purchasers of residential units in the project shall come together in forming and getting the society registered under the relevant provisions of the Andhra Pradesh Societies Registrations Act, 2001 and to sign and execute the application for registration and for the membership and such other papers and documents necessary for the formation and registration of the Society, including adoption of bye-laws of the society. These applications and relevant documents shall be duly filled in, signed and returned to the Vendor No.1/Developer at the time of formation of society. 34. This agreement shall be construed, interpreted and applied in accordance with, and shall be governed by the laws applicable in India. The courts at Hyderabad shall have the sole and exclusive jurisdiction to entertain any dispute or suit arising out of or in relation to this agreement. 35. The Vendors declares that Schedule-A Property is not assigned land within the meaning of A.P. Act, 9 of 1977 and vacant land within the meaning of Central Act, 33 of 1976.
24 SCHEDULE-A PROPERTY All that land admeasuring 85,084.50 Square Meters or 1,01,760.21 Square yards equivalent to Ac. 21-01 Gts in Survey Nos. 169, 170, 179, 180, 181, 183, 184, 185, 186, 187, 189, 190, 191, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 212 & 213 situated at Nallagandla Village, Serilingampally Mandal, Ranga Reddy District, and bounded as follows: NORTH :
Land in Survey Nos.157 & 158
SOUTH
:
12M wide Periphery Road.
EAST
:
Land in Survey Nos.195 & 192.
WEST
:
Existing 18M Wide Road and Aparna Cyber Commune Project.
The above schedule is as per the sanctioned plan approved by Greater Hyderabad Municipal Corporation vide file No.53198/01/08/2012 Permit No. 17746/HO/WZ/Cir11/2012, dated 10-12-2012. SCHEDULE-B PROPERTY All that Part and Parcel of Apartment No. 810; in Floor No. 8th; in Block No. E; with Plinth Area of 1310 Sft. and Common Area of 290 Sft. totaling to built up area of 1600 Sft. along with undivided share of land 63 Sq.Yards together with One Car Parking slot, to be constructed in the project named as “Aparna Cyberzon”, in schedule ‘A’ property bounded as follows: NORTH
:
Open to Sky;
SOUTH
:
Open to Sky;
EAST
:
Open to Sky;
WEST
:
Corridor & Open to Sky.
25 SCHEDULE – C (Specifications) FRAMED STRUCTURE
R.C.C. framed structure to withstand Wind and Seismic Loads.
SUPERSTRUCTURE
8" thick solid block work for external walls and 4" thick solid block work of internal walls.
PLASTERING Internal
One coat of plastering in CM 1:6 for walls and Single coat plastering for Ceiling.
External
Two coats plastering in CM 1:6 for External walls.
MAIN DOOR
Teak Wood/machine made frame with moulded paneled shutter doors with Melamine polishing and reputed make fittings.
INTERNAL DOORS
Teak Wood/machine made frame with moulded paneled shutter doors with painting and reputed make fittings.
FRENCH DOORS, if any
UPVC shutter styles and rails with float glass paneled shutters and designer hardware of reputed make.
WINDOWS
UPVC Window system with Float Glass with suitable finishes as per design.
GRILLS
M.S. enamel painted, aesthetically designed and fixed to wall, upto 2nd floor only. No grill shall be provided from 3rd floor onwards.
PAINTING EXTERNAL
Two Coats exterior Acrylic Emulsion Paint of reputed make over one coat of primer.
INTERNAL
Smooth Putty finish with Acrylic emulsion paint of reputed make over a coat of primer.
FLOORING/DADOOING LIVING, DINING, BEDROOM, KITCHEN & CORRIDORS
24”x 24” Vitrified Tiles.
BATHROOMS
Acid Resistant Anti-skid Ceramic Tiles of reputed make.
CORRIDORS
Vitrified Tiles 24”x 24” Size.
STAIRCASE
Kota/Tandoor blue.
DADOOING IN KITCHEN
Glazed Ceramic Tiles dado up to 2’-0” height above kitchen platform of reputed make.
BATHROOMS
8"x12" Glazed ceramic Tile dado of reputed make up to 7'.
26
UTILITIES / WASH
8"x8" Glazed Ceramic Tile Dado up to 3’-0” height of reputed make. 1. Granite Platform with Stainless Steel Sink and providing treated water supply at one point.
KITCHEN 2. Provision for fixing of Aqua-guard and provision for exhaust fan and chimney also will be provided. 1. Provision for Washing Machine and Wet Area for Washing Utensils etc. 2. Granite Counter Top /vanity type wash basin. UTILITIES / WASH / BATHROOMS
3. EWC with Flush Tank of reputed make. 4. Hot and Cold wall Mixer with Shower. 5. Provision for Geysers in all Toilets. 6. All C.P. Fittings are Chrome Plated of reputed make. 1. Concealed Copper Wiring of reputed make. 2. Power outlets for Air Conditioners in all bedrooms. 3. Power outlets for geysers in all bathrooms. 4. Power plug for cooking range chimney, refrigerator, microwave ovens, mixer / grinders in kitchen.
ELECTRICAL 5. Plug points for T.V. and Audio Systems etc. 6. Three phase supply for each unit and individual Meter Boards. 7. Miniature Circuit breakers (MCB) for each distribution boards of reputed make. 8. Switches are of reputed make.
1. Telephone points in Master Bedroom and hall. TELECOM 2. Intercom facility to all the units connecting Security.
CABLE TV and INTERNET
1. Provision for Cable Connection in Master BedRoom and Living Room. 2. Provision for Internet Connection in each Apartment.
LIFTS
Two No’s of Passenger lifts (including one with higher capacity) per block with rescue device and V3F for energy efficiency. Entrance with Vitrified Tile Cladding.
27
WSP, STP and Car Wash Facility
GENERATOR
NOTE:
1. Water Softening Plant and Sewerage Treatment Plant. 2. Car Wash Facility will be provided at an extra cost. D.G. Set backup with Accoustic enclosure and A.M.F for Common Areas; 6 points in 2BHK and 7 points in 3BHK apartments.
1) No Customization / No Changes in Specifications. 2) Vendor No.1/Developer reserves the right to use imported Substitutes of equal quality.
SCHEDULE-D (CLUBHOUSE & RELATED ACTIVITIES) CLUB HOUSE AND RELATED ACTIVITIES – includes 1. Area for Super Market 2. Gymnasium 3. Area for Creche 4. Multipurpose Hall for Parties / Functions 5. Indoor Games / Sports i.e., Chess, Carroms, Table Tennis etc. 6. Yoga / Aerobics Area 7. Library 8. ATMs 9. Doctor’s Room 10. Theatre Room 11. Maintenance Office 12. Association Room 13. Common Toilets 14. Kitchen, Pantry, Restaurant including Semi-outdoor Restaurant 15. Utility Room; Store Room 16. Area for Laundry 17. Jaccuzzi, Sauna & Saloon 18. Massage Room & Steam Room 19. Swimming Pool for Adults & Kids 20. Children’s Play Area and 21. 2(Two) Tennis Courts, 1(One) Regular Basket Ball Court, and 2(Two) Indoor Shuttle Courts.
28 IN WITNESS WHERE OF, the parties herein have signed and executed this Deed of Agreement of Sale, with their free will and consent, on above mentioned day, month & year, in the presence of the following witnesses: WITNESSES:
VENDORS
1.
1.
2.
2.
Vendors No.2 represented by GPA holder.
Vendor No.3 represented by GPA holder.
Vendor No.4 to 6 represented by GPA holder.
Vendor No.7 to 12 represented by GPA holder.
Developer
PURCHASER/S
