Application Form For Allotment of An Apartment: MR./ MRS./ Ms
Application Form For Allotment of An Apartment: MR./ MRS./ Ms
Application Form For Allotment of An Apartment: MR./ MRS./ Ms
No…………………
To,
Dear Sir,
I/We understand that ________________________ Private Limited (the “Company”) is constructing and
developing a residential group housing project named as “_________________” (hereinafter referred to as
the “Residential Project”) on land admeasuring approx. _________ square meters on land numbered as
Plot No. ____________ situated in _______________________________________.
I/We, hereby apply for allotment of an Apartment (hereinafter referred to as the “Apartment”) in the said
Residential Project. I/we make this application after having carefully read and understood the terms and
conditions provided herein.
I/We hereby agree that the receipt of this application and acceptance of the advance amount by the Company
does not confirm the allotment of the Apartment. The allotment of said apartment shall be up to the discretion
of the Company. Upon the Company confirming the said allotment, I / we hereby undertake to pay such price
that are provided herein and sign and execute the allotment letter and agreement to sell and get the same
registered before the concerned sub registrar, (the “Definitive Documents”) within such timelines and in the
format provided by the Company in compliance with the Real Estate (Regulation and Development) Act, 2016
and rules made thereunder.
I/ We hereby undertake to abide by the terms and conditions of this Application Form. I/ We hereby agree that
the complete and detailed terms and conditions of the Allotment shall be provided in the Agreement to Sell. In
the event the Company agreeing to allot me/us an Apartment, I/We agree to pay further installments and
additional charges as per the Payment Plan (opted by me/us) as shown in Annexure- I and/or as
stipulated/demanded by the Company, failing which the allotment shall be cancelled and the Booking Amount
and other sums as specified in Clause 6 of the terms and conditions of this Application Form shall be forfeited
by the Company.
1. Sole/First Applicant(s)
D.O.B : ……………………………
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Residential Status: Resident Non-Resident Foreign National of Indian Origin
…………………………………………………………………………………………………………Pin ……………………
…………………………………………………………………………………………………………Pin ……………………
Designation : ………………………………………………………………………………………………………………….
ID/Address proof(s) : PAN Card Driving Licence Ration Card Aadhar Card
2. Second Applicant(s)
D.O.B : ……………………………
…………………………………………………………………………………………………………Pin ……………………
…………………………………………………………………………………………………………Pin ……………………
Designation : ………………………………………………………………………………………………………………….
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ID/Address proof(s) : PAN Card Driving Licence Ration Card Aadhar Card
3. Payment Plan:
Note :
The Applicant(s) have perused and understood the Payment Plan in Annexure I and have thereafter selected the
above plan.
Payment to be made by A/c Payee Cheque(s) / Demand Draft(s) in favour of “M/s ______________ Private
Limited” payable at Noida only.
4. Type : …………………………………………………
Carpet Area ………… Sq. mt. (…………Sq.ft), Saleable/Super area: ……………… Sq. mt. (…………Sq.ft)
1. …………………………………………………………… 2. …………………………………………………………….
3 ……………………………………………………………… 4. …………………………………………………………
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Declaration:
I/We the above Applicant(s) have examined the documents and information relating to the Residential Project
including the layout plan, approvals, other tentative plans, designs, specifications of the Apartment etc. and
have fully satisfied myself/ourselves about the nature of rights, title, interest of the Company in the Said Land
and the Residential Project and the approvals, sanction and permissions for development that have been
obtained by the Company. I/We do hereby further declare that the above particulars given by me/us are true
and correct and nothing has been concealed there from. Any allotment against this application shall be
subject to the terms and conditions attached to this Application Form and the Definitive Documents. I/ we
understand that the Company shall elaborate the terms and conditions stated herein and provided further
terms in the Definitive Documents. The said terms and conditions shall be ipso-facto applicable to my/our
legal heirs, transferees and successors. I/We undertake to inform the Company of any change in my/our
address or in any other particular/information, given above, till the ownership of the Apartment is transferred to
me /us by execution and registration of conveyance / sub lease deed, failing which the particulars shall be
deemed to be correct and the communications sent at the recorded address by the Company shall be
deemed to have been received by me/us.
_____________________ _________________________
_____________________ _________________________
Name of the Applicant(s) Signature of the Applicant(s)
Date: ……………………
Place:………………….
Note: Persons signing the Application Form on behalf of other person/ firm/ company shall file proper
Authorization/ Power of Attorney.
_________________________________________________________________________________
Remarks:_______________________________________________________________________
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(Received By) (Checked By) (Authorized Signatory)
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TERMS AND CONDITIONS
1. The Applicant(s) has applied for allotment of an Apartment in the residential project named as
“_______________” (hereinafter referred to as the “Residential Project”) being developed/ constructed
by _______________ Private Limited (hereinafter referred to as the “Company”) on land admeasuring
approx. ___________ square meters on plot numbered as Plot No. _________ situated in
_________________________________________(“Said Land”).
2. The receipt of this Application and acceptance of the advance amount by the Company does not confirm
the allotment of the Apartment. The said allotment shall be to the discretion of the Company. Upon the
Company confirming the said allotment, the Applicant(s) hereby undertakes to pay such amounts that are
provided herein (“Total Price”) and sign the allotment letter and agreement to sell and get the same
registered before the concerned sub registrar, (the “Definitive Documents”) within such timelines and in
the format provided by the Company in compliance with the Real Estate (Regulation and Development)
Act, 2016 and rules made thereunder.
3. That upon the Company confirming the said allotment, the Applicant(s) hereby undertakes that he shall
deposit with the Company, Non-judicial Stamp Papers of requisite value for the stamp duty and all other
amounts required for meeting the expenses for execution and registration of Agreement to sell of the
Apartment in compliance with the Real Estate (Regulation and Development) Act, 2016 and rules made
thereunder, within a period of 15 days of dispatch of written notice by the Company in this regard and get
the Agreement to Sell executed and registered positively within a period of 30 days of dispatch of said
written notice or such other date as duly intimated by the Company to the Applicant(s). In the event of the
Applicant(s) failure, the booking/Allotment will be cancelled at the discretion of the Company and the
Booking Amount paid till date to the Company shall stand forfeited and the Applicant(s) shall be left with
no right, title, interest, lien or claim of whatsoever nature on the said Apartment.
4. It is hereby understood and agreed that upon signing of this Application , the Applicant(s) is deemed to
have completed all due diligence as to the right, title and interest of the Company to develop and market
the Residential Project on the Said Land and the Applicant(s) confirms that it has sufficiently investigated
and gone through ownership record(s), approvals, documentation, inspection of site and other related
matters to its entire satisfaction, so as to confirm the competence of the Company to transfer the
Apartment.
5. The Applicant(s) has clearly understood that for the better implementation of the Residential Project and
company’s design and plan thereto, there could be changes, alterations, modifications in the layout
plan/building plans/ floor plan, areas and/or drawings, layout, elevations, features, specifications, height,
dimensions, finishing, etc., that are necessitated during the construction of the Apartment or as may be
required by any statutory authority(ies) or otherwise and the Applicant(s) undertakes to raise no objection
thereto.
6. The Company reserves its right to effect suitable changes and alterations in the layout, Floor Plan, areas,
elevations, features, specifications, the height, width, finishing, etc., of Residential Project/ Apartment at
any time and in any manner it thinks fit and proper as per applicable law. However, in the event that there
is any change in the Apartment’s layout or location or variation in its Carpet Area at the time of final
measurement, the applicable Total Price, shall either be payable or refundable, as the case may be,
proportionately at the rate agreed herein, without any interest thereon.
7. The Applicant(s) agrees and confirms that an amount equivalent to 15% of the Total Price shall at all
times be treated as Booking Amount to ensure fulfillment of the terms and conditions as contained in the
Application and the Allotment Letter and Agreement to Sell.
8. The Company shall be entitled to terminate this Application and future allotment on (i) Non-payment of
_____ consecutive installment of the Total Price or the interest payable on the same as mentioned in this
Application, or (ii) Any request from the Applicant(s) for cancellation of this Application, or (iii) Breach of
any of the representations, warranties and covenants or failure to perform, comply and observe any of its
obligations and responsibilities as set forth in this Application, Definitive Documents. On termination, the
Company shall be entitled to forfeit / deduct / recover (a) the entire Booking Amount, (b) the
brokerage/commission paid by Company to any channel partner / property dealer / broker through whom
the Applicant(s) applied for the Apartment, (c) any other benefit given by Company to the Applicant(s) at
the time of submission of the Application by the Applicant(s), and (d) any interest accrued from the
Applicant(s) to Company on delayed payments. However, in case the amount paid by the Applicant(s) till
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the date of termination is less than the amount which Company is entitled to recover as aforesaid, then
the Applicant(s) shall further be liable to pay the difference / shortfall to Company.
9. In case the applicant withdraws or surrenders his application for the allotment, for any reason whatsoever,
at any point of time, then the Company shall be entitled to forfeit the Booking Amount along with interest
due/payable and brokerage paid for the said booking and may refund the balance amount to Applicant(s),
(if applicable), without any interest or compensation within 45 days of such cancellation.
10. Notwithstanding anything contained in this Application timely performance by the Applicant(s) of all its
obligations under this Application or exercise of any options wherever and whenever indicated herein this
Application, including without limitation, its obligations to make timely payments of the Total Price and
other deposits and amounts, including any interest in accordance with this Application shall be of essence
under this Application.
11. All payments by the Applicant(s) shall be made to the Company through demand drafts/ cheques drawn
upon scheduled banks in favour of “__________ Private Limited” payable at Noida only.
12. The Applicant(s) shall be liable to make timely payments of installments upon receipt of demand notices
from the Company from time to time and in accordance with the Payment Plan on or before the due date
as provided in the Demand Notice issued by the Company to the Applicant(s) without default. If the
Applicant(s) fails to pay ____ consecutive installment, then the Applicant(s) shall be liable to pay interest
to the company on the unpaid amount at the rate on entire delay period as prescribed in the Real Estate
(Regulation and Development) Act, 2016 and applicable Rules thereunder. If the Applicant(s) does not
pay the amounts even within ______ months from the due date under the Demand Notice then without
prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel /
terminate allotment after giving 30(thirty) days notice.
13. The car parking allotted with the Apartment (“Car Parking Spaces”) shall form an indivisible and
inseparable constituent of the Apartment and they shall not have any independent transferability by
themselves. The Allotted Car Parking Spaces shall be marked at the time of possession and the
Applicant(s) has agreed that it shall not be at any point in time entitled to modify or make any changes or
cordon off or otherwise erect any temporary structure in the Allotted Car Parking Spaces. The Applicant(s)
undertakes to use the Allotted Car Parking Spaces only for parking light private motor vehicle. All terms
and conditions mentioned herein, including but not limited to the use, cancellation of allotment, resumption
etc. of the Apartment shall also apply to the Allotted Car Parking Spaces. The Applicant(s) understands
and agrees that all reserved car parking spaces allotted to other occupants of Residential Project along
with the un-allotted car parking spaces remaining in the ownership of the Company are not part of the
Common Areas & Facilities of Residential Project and shall not form part of the Common Areas &
Facilities for the purpose of the Declaration Deed to be filed by the Company under the _____________
Apartment Ownership Act and Rules framed there under, and as amended from time to time.
14. The Applicant(s) may after obtaining prior written consent of the Company, assign / transfer his rights, title
and interest in the Apartment under this Application and the Definitive Documents to any third person /
entity. The Company assures the Applicant(s) that the said written consent shall not be unreasonably
withheld, however the same shall be subject to payment of the monies due and payable by the
Applicant(s) under this Application and the Definitive Documents and payment of transfer / administrative
fee for such assignment/ transfer as may be determined by the Company from time to time. Such consent/
permission shall always be subject to applicable laws, notifications/ governmental directions. The
Applicant(s) shall solely be liable and responsible for all legal and other consequences that may arise due
to acceptance of application for such transfer/ assignment.
All applicable statutory charges, taxes including all Government levied taxes and other levies demanded
or imposed at any later date by the concerned/competent authorities shall be payable proportionately by
the Applicant(s) from the date of booking as per demand raised by the Company/competent authority as
the case may be.
15. The association/Company, for the purposes of carrying out such maintenance services at the Residential
Project, may employ / hire a maintenance agency (“Maintenance Agency”) appointed for the said
purposes. The Applicant(s) shall be required to enter into a separate maintenance agreement with the
Maintenance Agency (“Maintenance Agreement”), in the format provided to him by the Company, which
shall clearly specify the scope, terms and conditions for provisions of the maintenance services in the
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Residential Project. The Applicant(s) hereby accepts that the provisions of such maintenance services
and use and access to the Common Areas and Facilities in the Residential Project shall at all times be
subject to payment of all costs, charges, fee etc. by whatever name called, including but not limited to
requisite security deposit, periodic maintenance charges, sinking funds etc (“Maintenance Charges”) to
the Maintenance Agency, as the case may be, and performance of all conditions, covenants, obligations
and responsibilities of the Applicant(s) under the Application and the Allotment Letter. The rates of
maintenance and service charges shall be fixed by the Maintenance Agency. The rates shall be subject to
periodic revisions in line with the increase in the prices of commodities etc. as aforementioned. The
Applicant(s) agrees that, on and from the Possession Notice Date or the date of execution of the Deed,
whichever is earlier, the Applicant(s) shall be liable to pay all such Maintenance Charges.
.
16. The Applicant(s) understands and acknowledges that the Company has the unequivocal right and
entitlement to utilize any balance / additional floor space index as may be available to the Said Land, and
the floor space index available to the Said Land; and obtain relevant approvals in this regard from the
Competent Authority under the Applicable Laws. The Applicant(s) understands that the Company shall be
free to utilize the same on the the Said Land, as the Company may deem fit and proper. The Applicant(s)
hereby gives his no objection / irrevocable consent to the utilization of any such floor space index by the
Company on the the Said Land in future under the laws prevalent at that point of time. For such purposes
mentioned herein above the Company shall be entitled to the revise / change the layout plan and building
plans of the Project and submit the revised plans to the Competent Authority for their approval, and the
Applicant(s) hereby gives his unequivocal objection / irrevocable consent to the same.
17. In the event that the Applicant(s) is a Non-Resident Indian (NRI), Person of Indian Origin (PIO), Foreign
National of Indian Origin (FNIO), Overseas Citizen of India (OCI) or is otherwise bound to comply with the
provisions of the Foreign Exchange Management Act, 1999 (or any substitute or derivatives thereof along
with all notifications, circulars, guidelines etc. issued under the same and as amended from time to time)
or with any of the rules and regulations of the Reserve Bank of India or compliance under any other
Applicable Law, governing the actions of such Applicant(s) including those for the remittance of payments
into and out of India or for acquisition, sale, transfer of immovable property, then the Applicant(s) shall
provide the Company with all relevant and required permissions, approvals, consents, documents,
information, no objection certificates, etc. including for remittances Beneficiary’s Name, Beneficiary’s
Account Number, Bank Name, Branch Name, Bank Address, Swift Code etc., as would enable the
Company to lawfully carry out its obligations under this Application. The Applicant(s) shall have the sole
responsibility to duly fulfill at all times, all or any of the said compliances and to furnish suitable
certifications/consents/ permissions thereof to the Company and the Company accepts no responsibility in
this regard.
18. The Company shall have the right to raise finance / loan from any financial institution / bank by way of
mortgage / charge / hypothecation or securitization of receivables or in any other mode or manner by
creating a charge / mortgage on the Apartment and / or the Residential Project and / or the Project Land
and / or the receivables from the same, subject to the condition that the Apartment shall be free from all
encumbrances at the time of execution of Conveyance/Lease Deed. The Company / financial institution/
bank, as the case may be, may always have the first lien / charge on the Apartment for all their dues and
other sums payable by the Applicant(s) or in respect of any loan granted to the Company for the purpose
of the construction of the Residential Project.
19. The Applicant(s) may, for the purpose of facilitating the payment of the Total Price obtain financial
assistance from banks/financial institution after obtaining prior written permission from the Company. Any
such arrangement / agreement shall be entered into by the Applicant(s) at his sole cost, expense, liability,
risk and consequences. The Applicant(s) shall keep the Company indemnified from all costs, expenses,
injuries, damages etc. which the Company may suffer for any breach / default that may be committed by
the Applicant(s) to the third party(ies) / banks/ financial institution. In this regard, the Company may at the
request of Applicant(s), enter into a tripartite agreement with the Applicant(s)’ banker / financial institution
to facilitate the Applicant(s) to obtain the loan from such bank / financial institution for purchase of the
Apartment. The Applicant(s) hereby agrees that the Company shall be entitled to cancel this Application
and the Allotment Letter at the request of the Applicant(s)’ banker / financial institution in the event of any
breach of the terms and conditions under the loan agreement / tripartite agreement committed by the
Applicant(s).
20. The Applicant(s) may obtain finance from any financial institution / bank or any other sources stated
above, but the Applicant(s) obligation to purchase the Apartment and pay the amounts payable pursuant
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to this Application and the Definitive Documents is not to be contingent on the Applicant(s)’ ability or
competency to obtain such financing and the Applicant(s) will remain bound under this Application and
Allotment Letter whether or not the Applicant(s) has been able to obtain financing for the purchase of the
Apartment.
21. The Applicant(s) undertakes to abide by and comply with all the laws, rules and regulations, terms and
conditions applicable/made applicable to the said Apartment/Residential Project.
22. The Company shall not be held responsible or liable in any manner for not performing or delay in
performing any of its obligations or undertakings provided in this Application and the Definitive Documents
if such performance is prevented or delayed due to Force Majeure.
23. Subject to compliance by the Applicant(s) of all the terms and conditions herein and Force Majeure, the
Company shall endeavor to complete the construction of the Apartment On or before ______________.
The ready complete common areas with all specification, amenities and facilities shall be handed over
once the project is complete with completion of all phases of project on the Said Lands.
24. Subject to other terms and conditions herein, in the event the Company fails or neglects to complete the
construction on or before the time specified in Article 23 above and/or on such date as may be extended
by mutual consent of the Parties, then the Company shall be liable to pay to the Applicant(s), a
compensation for the entire period of such delay as prescribed in the Real Estate (Regulation and
Development) Act, 2016 and applicable Rules thereunder.
25. The Applicant(s) agrees that no other claim whatsoever (other than the claims provided in this
Application), monetary or otherwise, shall lie against the Company. The Applicant(s) also understands
and acknowledges that delay in arriving at any stage for payment on the respective construction timeline
under the construction linked Payment Plan, shall in no manner constitute a valid reason for the
Applicant(s) to delay payment of the due installment on account of any alleged delay in overall Residential
Project schedule.
26. After the Company has completed the construction of the Apartment and has obtained the occupation
certificate for the Tower in which the Apartment is located, the Company shall be entitled to issue a written
notice (“Possession Notice”) requiring the Applicant(s) shall within the period of two months from the
said notice (i) Pay the balance of the Total Price together with any past dues and interest thereon and
additional charges (if any) to the Company; and (ii) Execute the conveyance/lease deed / deed of
apartment with the Company, within a period of three months from the said notice, in the format
prescribed by the Company / Competent authority and get the same duly stamped and registered with
the Sub Registrar of Assurances, _______________; and (iii) Take over the physical possession of the
Apartment and Allotted Car Parking Spaces from the Company.
The Applicant(s) understands and acknowledges that the Company is entitled to complete the Residential
Project in phases / parts and it may be so that at the time of issuance of the Possession Notice, or when
the Applicant(s) is handed over the possession of the Apartment, or when the conveyance/lease deed /
deed of apartment has been executed in favour of the Applicant(s); the Common Areas and Facilities
including the club house, whether in whole or in part, may not be complete and fit to be used by the
Applicant(s). However, the same shall be completed on or before obtaining the Occupancy/Completion
Certificate for the entire Residential Project from the competent authorities. The Applicant(s) hereby
expressly agrees, undertakes and declares that he has no objection whatsoever to the same and at no
point of time the Applicant(s) shall raise any objection / dispute to the same.
27. The Applicant(s) shall use the Apartment only for the ‘residential’ purposes as per the provisions of the
Definitive Documents, Declaration and Bye Laws of the Association and shall neither use the same for
any purpose which may or is likely to cause nuisance or annoyance to the occupiers of the other
Apartment / flats in the Residential Project nor for any illegal or immoral purposes.
28. The Applicant(s) undertakes to abide by the house rules framed by the Company/ Maintenance Agency
for the betterment of the entire Residential Project.
29. In case of a contradiction between the terms and conditions herein and the Definitive Documents, which
the Applicant(s) are required to sign and execute on confirmation of allotment, the terms and conditions of
the Definitive Documents shall survive and supersede.
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30. The Applicant(s) shall get his complete address registered with the Company at the time of booking and it
shall be his responsibility to inform the Company by Registered A.D. letter about all subsequent changes
in his address, failing which, all demand notices and letters posted at the first Registered Address will be
deemed to have been received by him at the time when those should ordinarily reach at such address and
he shall be responsible for any default in making payment and other consequences that might occur
therefrom.
31. In case there are joint Applicant(s), all communications shall be sent by the Company to the Applicant(s)
whose name appears first, at the address given by him for mailing and which shall for all purposes be
considered as served on all the applicants and no separate communication shall be necessary to the
other named Applicant(s).
32. In case the cheque/bank draft submitted along with this application is dishonored then the booking shall
stand automatically cancelled without any intimation to the Applicant(s).
33. All or any disputes arising out or touching upon or in relation to the terms and conditions of this
Agreement, including the interpretation and validity of the terms thereof and the respective rights and
obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be
settled through the adjudicating officer appointed under the Real Estate Regulation Act,2016 and rules
made thereunder.
34. The Courts at _________________ alone shall have jurisdiction in case of any dispute.
35. Singular shall mean and include plural and masculine gender shall mean and include feminine gender
wherever applicable.
________________________ ________________________
Date: _______________
Place: _______________
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ANNEXURE-I
PAYMENT PLAN
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