Conveyance Deed: The Party of The First Part: Vendor
Conveyance Deed: The Party of The First Part: Vendor
Conveyance Deed: The Party of The First Part: Vendor
BETWEEN
THE PARTY OF
THE FIRST PART:
VENDOR:
THE PARTY/IES OF
THE SECOND PART:
VENDEE/S:
WHEREAS:
A. The party of the FIRST PART is the Lease hold right holder
of land admeasuring 6028.55 Sq.Mtrs. (3014.28 & 3014.27
Sq.Mtrs in Phase-I & Phase-II respectively) and developer
of the building constructed thereon which is known as
“SMART LIFE” in Non SEZ Area of GIFT City in Survey
No.316 (Old Survey No.2) situate lying and being at Village
Phirozpur and located in Block No.41 (Building No. 41 G &
41H), Zone-04, Road – 4A, GIFT City, Taluka Gandhinagar
in the Registration District and Sbu-district of Gandhinagar
in the State of Gujarat.
B. For the purpose of the development of GIFT City, the
Government of Gujarat (GoG) vide Government Resolution
Nos. JMN/222007/1966/A.1dated 22.03.2011 read with
amended GR No. JMN/222007/1966 (PART)/A.1 dated
18.10.2017 and GR No.JGDH/1608/655/GH dated 22nd
March 2011 read with Order No. CB/JMN/Vashi. 6254 to
6270/2011 dated 15th April, 2011 of the District Collector,
Gandhinagar and Government Resolution
No.JMN/222007/1966/A.1 dated 7th June 2011 and
Order No.CB/JMN/Vashi. 8466 to 8480/2011 dated 10th
June 2011 of the District Collector, Gandhinagar,
transferred lands admeasuring 412 acres (hereinafter
referred to as the “GIFTCL Land” or “NON SEZ Area” to
Gujarat International Finance Tec-City Co. Ltd. (“GIFTCL”)
and lands admeasuring 261 acres to GIFT SEZ Limited
(hereinafter referred to as “SEZ land” or “SEZ area”)
situated at villages in Ratanpur, Phirozpur, Shahpur and
Valad, Taluka and District : Gandhinagar, Gujarat. The
GIFTCL Land has been allotted to GIFTCL in accordance
with the terms and conditions set out in the aforesaid
resolutions inter alia the applicable Premium to be
collected and deposited in the government, over and above
the stamp duty and registration charges payable, at the
time of the transfer of property by the Promoter in favour of
any other person (hereinafter referred to as the “Premium”).
C. The development of GIFT City is subject to the regulations
and the terms and conditions as set out in the GIFT Area
Development Control Regulations (hereinafter referred to as
“GDCR”) sanctioned by GoG, Ministry of Urban Planning or
Planning Authority constituted and notified vide its
notification No.GH/V/170 of 2011/GIFT-102011-2523-L
dated October 19, 2011 for GIFT City under the provisions
of the Gujarat Town Planning and Urban Development Act,
1976.
D. In pursuance to the Resolution of the Revenue Department,
Gujarat State dated 18/10/2017 bearing No.JMN/
222007/1966 (Part)/A.1, it has been resolved that first
5000 dwelling/residential units developed in GIFT City may
be purchased by any person or company or firm but such
units shall only be used by the employees/officers working
in GIFT City subject to other terms and conditions of
original resolution dated 22/03/2011.
E. Vide an Agreement to Lease cum Development Agreement
dated 18/07/2020 duly registered with the office of the
Sub-Registrar of assurances at Gandhinagar Under Serial
No.11197/11199 on 18/07/2020 (hereinafter referred to as
the “ATL cum DA”), GIFTCL has allotted land admeasuring
6028.55 Sq.Mtrs. in Non SEZ Area of GIFT City in Survey
No.316 (Old Survey No.2) situate lying and being at Village
Phirozpur and located in Block No.41 (Building No. 41 G &
41H), Zone-04, Road – 4A, GIFT City, Taluka and District
Gandhinagar in the State of Gujarat (hereinafter referred to
as “the said Land” or “the Allotted Land”) on Leasehold
basis for a period of 99 years from the date of ATL cum DA,
along with Development Rights 26,666.568 Sq.Mtrs.
(2,87,039 Sq.Feet) of built up area (“BUA” ) as defined in
the GDCR) for the development of the
residential/Commercial buildings constructed on the
Allotted Land in Two Phase viz. Phase-I .
F. The party of the FIRST PART had completed construction of
Phase I (TOWER –A, Wing-A1 and A2 Building known as
“SMART LIFE-II” for residence and convenient shops
comprising of 143245 Sq.Ft. of BUA on Block No.41G and
obtained Completion Certificate from GIFT Urban
Development Authority (“GIFT UDA”) on _______.
G. The party of the FIRST PART had completed construction of
Phase II (TOWER –B, Wing-B1 and B2 Building known as
“SMART LIFE-II” for residence and convenient shops
comprising of 143794 Sq.Ft. of BUA on Block No.41H and
obtained Completion Certificate from GIFT Urban
Development Authority (“GIFT UDA”) on _______.
H. The Gujarat International Finance Tec-City Company
Limited, (“GIFTCL”) had executed Registered Lease Deed
No.__________ dated ______ in favour of the party of the
FIRST PART – Vendor for a period of 99 (Ninety-Nine) years,
effective from the date of execution of the Agreement to
Lease-cum-Development Agreement.
I. The party of the FIRST PART - VENDOR has developed the
Project in accordance with the approved plans and has
received the completion certificate. Each Unit of the type
___BHK of (i) Carpet Area admeasuring ____ Sq.Mtrs. i.e.
_______ Sq.Feet. and (ii) ________ Sq.Mtrs. Wash Area (iii)
_____ Sq.Mtrs. of Dobul Height Terrace within the said unit
on _____ Floor of Tower-___, Wing-____ together with 1 (one)
car parking space in the scheme known as – “SMART
LIFE- II”.
J. The party of the FIRST PART - VENDOR has registered the
said Project under the provisions of the Real Estate
(Regulation and Development) Act, 2016 (“the Act”)with
Gujarat Real Estate Regulatory Authority at Gandhinagar
bearing Registration No.___________________________ dated
___________.
K. The VENDOR is seized and possessed of and otherwise
well and sufficiently entitled to the Project Land and the
Project constructed thereon. The VENDOR has the right to
transfer the Apartments in the said Project to the Party/ies
of the SECOND PART - PURCHASER/s, along with
leasehold rights on the proportionate undivided share in
the Project Land for a period of 99 years.
L. The copies of title clearance certificate, layout plan,
building plan, floor plan, 7/12 extract and GRs and
Collector’s Orders have been given to the Party/ies of the
SECOND PART -PURCHASER.
M. At the request of the Party/ies of the SECOND PART -
PURCHASER, the party of the FIRST PART - VENDOR has
vide letter of allotment dated __________, allotted Unit
No.____ of the type ___BHK of (i) Carpet Area admeasuring
____ Sq.Mtrs. i.e. _______ Sq.Feet. and (ii) ________ Sq.Mtrs.
Wash Area (iii) _____ Sq.Mtrs. of Dobul Height Terrace
within the said unit on _____ Floor of Tower-___, Wing-____
together with 1 (one) car parking space in the scheme
known as – “SMART LIFE- II”, (“the Apartment”).
N. The VENDOR has vide Registered Agreement to Sell
No.__________ dated __________ (“the Agreement”), agreed
to convey/transfer the said Apartment together with
transfer of leasehold rights on the proportionate undivided
share on the Underlying Land, for the lease period of 99
years, for total sale consideration of Rs.____________/-
(Rupees _________________________________ only), and
subject to compliance of the terms and conditions the
Agreement by the Party/ies of the SECOND PART -
PURCHASER.
O. The Party/ies of the SECOND PART - PURCHASER has
agreed to abide by all the terms and conditions of the
Agreement, and also the covenants, conditions and
restrictions hereinafter contained.
TOTAL…
9.1 The PURCHASER shall have the right to own, possess and
enjoy the said Property hereby conveyed and the rents and
profits received therefrom without any interference or
disturbance by the party of the FIRST PART - VENDOR or
any person claiming under them.
9.2 The party of the FIRST PART - VENDOR has clear and
marketable title with respect to the said Property. The party
of the FIRST PART - VENDOR has the right to enter into
this Deed and to convey/transfer the said Property in
favour of the Party/ies of the SECOND PART -
PURCHASER.
9.4 The party of the FIRST PART - VENDOR has not entered
into any agreement or any deed / arrangement with any
person or party with respect to the said Property, which
may, in any manner, affect the rights of the Party/ies of the
SECOND PART - PURCHASER under this Deed;
9.5 The party of the FIRST PART - VENDOR has not committed
or omitted to perform any act or thing, whereby the right,
title and interest of the Party/ies of the SECOND PART -
PURCHASER created herein, may prejudicially be affected.
The party of the FIRST PART - VENDOR confirms that the
Promoter is not restricted in any manner whatsoever from
transferring the said Property to the Party/ies of the
SECOND PART - PURCHASER in the manner contemplated
in this Deed;
9.7 The party of the FIRST PART - VENDOR shall transfer and
hand over lawful, vacant, peaceful and physical possession
of the common areas of the said Project to the
association/society of the buyers of the Apartment in the
said Project, as and when constituted/formed. The
Party/ies of the SECOND PART -PURCHASER shall have no
claim save and except in respect of the Apartment hereby
sold to the him and all open spaces, parking spaces,
lobbies, staircases, terraces recreation spaces, will remain
the property of the party of the FIRST PART - VENDOR
until the same is transferred as hereinbefore mentioned.
11.3 The walls on the sides of the Apartment and also structure
of the building are common to the Party/ies of the SECOND
PART - PURCHASER herein and the other Apartment
owners. The Party/ies of the SECOND PART -
PURCHASER shall not do any act or suffer any omission
whereby the safety of the walls and the structure of the
building may in any manner or to any extent get damaged
or endangered. The Party/ies of the SECOND PART -
PURCHASER shall not open any appurtures including
doors, windows or ventilators or expose the same to any
additional loads in connection with any structural
additions, alterations or otherwise.
15. SEVERABILITY
20. NOTICES
SCHEDULE “A”
Boundaries:
EAST :
WEST :
NORTH :
SOUTH :
1.______________________
2._______________________