Conveyance Deed: The Party of The First Part: Vendor

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CONVEYANCE DEED

This Deed of Conveyance is made at GIFT City, Gandhinagar on


this _______ day of _______ month in the year Two Thousand and
Twenty.

BETWEEN

THE PARTY OF
THE FIRST PART:
VENDOR:

SANGATH INFRASTRUCTURES PRIVATE LIMITED


(CIN:U45202GJ2010PTC060366), a company within the
meaning of the Companies Act, 2013 [incorporated under the
Companies Act, 1956] having its registered office at 7,
Madhupuri Flats, Kabir Chowk, Jain Nagar, Sabarmati
Ahmedabad – 380 005, and having its office at Sangath IPL
House, Left Side from Tapovan Circle to Toll Booth, Sardar Patel
Ring Road, Chandkheda, Ahmedabad- 382424, Gujarat
(hereinafter referred to as the Party of the FIRST PART and/or
“the VENDOR”, which expression shall, unless repugnant to the
context or meaning thereof, be deemed to mean and include its
successors in interest and permitted assigns etc.).

THE PARTY/IES OF
THE SECOND PART:
VENDEE/S:

___________________________, Aged about ____ years, residing at


__________________ (hereinafter referred to as party/ies of the
SECOND PART and/or “the PURCHASER” which expression
shall include his/her/their legal heirs, heirs, administrators,
successor, assignees etc.).

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.

NOW THEREFORE, THIS CONVEYANCE DEED WITNESSETH


AS FOLLOWS:

1. In pursuance of the above Agreement, the Party/ies of the


SECOND PART - PURCHASER has made the payment of
total sale consideration of the said Property, being
Rs._____________/- (Rupees _________________
_____________________________ only), which has been paid in
the following manner:
Date Name of Bank Particulars Amount Paid
and Branch Cheque / (In Rs.)
Demand Draft
No.

TOTAL…

The party of the FIRST PART - VENDOR hereby admit and


acknowledge the receipt of the aforesaid amount from the
Party/ies of the SECOND PART - PURCHASER.

2. In furtherance of the receipt of the aforesaid amount of sale


consideration, the party of the FIRST PART - VENDOR
doth hereby sell, convey and transfer, upto the Party/ies of
the SECOND PART - PURCHASER, the 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”, together with transfer of leasehold rights on
_______Sq.Mts. of the proportionate undivided share on the
Underlying Land, for the lease period of 99 years (“the said
Property”). The said Property is more particularly
described in Schedule A hereto.

3. The party of the FIRST PART - VENDOR hereby grants


leasehold rights on _______Sq.Mts. of the proportionate
undivided share in the Underlying Land, in favour of the
party/ies of the SECOND PART - PURCHASER for a period
of 99 years commencing from the issue of Completion
certificate dated _________ upto ___________ (“Lease
Period”). The party/ies of the SECOND PART -
PURCHASER shall pay the annual lease rent @ Rs.______/-
per Sq.Mts. per annum (plus applicable GST), for the
proportionate undivided share in the Underlying Land, in
advance for each year (“Lease Rent”). For the first financial
year, proportionate Annual Lease Rent shall be paid upto
the next March 31 from the date of execution of this Deed
and subsequently, the Annual Lease Rent shall be paid in
advance, on or before 30th April of each financial year.

4. Unless the leasehold rights are otherwise terminated


earlier, the lease of the Underlying Land of the Apartment
will automatically expire with efflux of time at the end of
Lease Period unless the party of the FIRST PART -
VENDOR and the Government of Gujarat (GoG) agree to
grant fresh lease on the terms and conditions, as may be
determined by them.

5. The party/ies of the SECOND PART - PURCHASER shall


pay City Level Maintenance Charges @ Rs.___/- per Sq.Ft.
per annum from the date of this Deed to the VENDOR
towards operation and maintenance of GIFT City. These
charges would be payable by the PURCHASER to the
VENDOR or the authority responsible for GIFT City
Maintenance, as per their prevailing policy.

6. The party of the FIRST PART - VENDOR has this day


delivered vacant possession of the said Property which is
hereby transferred to the Party/ies of the SECOND PART -
PURCHASER and, the Party/ies of the SECOND PART -
PURCHASER hereby acknowledges to have taken the
possession of the same.
7. The Party/ies of the SECOND PART -PURCHASER shall
have the right to own, possess and enjoy the said Property
with all the fixtures, electrical installations, water, drainage
connections, all its appurtenant and easement rights of the
ways, paths and common areas, attached to the said
Property, together with undivided proportionate leasehold
rights on the Project Land, And to have and hold all rights,
title and interest in the said Property hereby conveyed and
transferred, And to be used and enjoyed absolutely by the
Party/ies of the SECOND PART - PURCHASER, free from
all encumbrances whatsoever, And subject to the
restrictions and conditions given hereinafter.

8. If within a period of five years from the date of handing over


the Apartment to the Party/ies of the SECOND PART -
PURCHASER, the Party/ies of the SECOND PART -
PURCHASER brings to the notice of the PARTY OF THE
FIRST PART - VENDOR any structural defect in the
Apartment or the building in which the Apartment is
situated or any defects on account of workmanship, quality
or provision of service, then, wherever possible such defects
shall be rectified by the party of the FIRST PART - VENDOR
at its own cost and in case it is not possible to rectify such
defects, then the Party/ies of the SECOND PART
PURCHASER shall be entitled to receive from the party of
the FIRST PART - VENDOR, compensation for such defect
in the manner as provided under the Act. Provided that the
party of the FIRST PART - VENDOR shall not be liable in
respect of any structural defect or defects on account of
workmanship, quality or provision of service which cannot
be attributable to the VENDOR or beyond the control of the
VENDOR.
9. COVENANTS OF VENDOR

The party of the FIRST PART - VENDOR hereby covenants


with the Party/ies of the SECOND PART - PURCHASER as
follows:

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.

9.3 The said Property hereby conveyed is free from all


encumbrances. The Party/ies of the SECOND PART -
PURCHASER shall have the right to mortgage the said
Property in favour of lenders/financial institutions for
raising loan to purchase the said Property.

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;

9.6 The party of the FIRST PART - VENDOR shall maintain a


separate account in respect of sums received by the party
of the FIRST PART - VENDOR from the Party/ies of the
SECOND PART - PURCHASER as advance or deposit, sums
received on account of the share capital for the promotion
of the Service Society or association or Company or towards
the out goings, legal charges and shall utilize the amounts
only for the purposes for which they have been received.

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.

9.8 No notice from the Government or any other local body or


authority or any legislative enactment, government
ordinance, order, notification (including any notice for
acquisition or requisition of the said property) has been
received or served upon the party of the FIRST PART -
VENDOR in respect of the project land and/or the Project
except those disclosed in the title report.

9.9 The Party/ies of the SECOND PART - PURCHASER and all


persons authorized by the Party/ies of the SECOND PART -
PURCHASER shall have the right and liberty to use the
staircases, passages, roads, playground, utilities and other
common areas in the said Project with all other persons
entitled to such rights and liberties.

9.10 The Party/ies of the SECOND PART - PURCHASER shall


have the right to adjacent and lateral support and
protection from other parts of the building from the side
and roof thereof.

10. COVENANTS OF THE Party/ies of the SECOND PART -


PURCHASER

The Party/ies of the SECOND PART - Party/ies of the


SECOND PART - PURCHASER hereby covenants with the
party of the FIRST PART - VENDOR as follows:-

10.1 As per the provisions of GRs and Collector’s Orders, the


Party/ies of the SECOND PART - PURCHASER/subsequent
transferees shall pay the applicable premium to the party of
the FIRST PART - VENDOR.

10.2 The Party/ies of the SECOND PART - PURCHASER shall


bear and pay the annual Lease Rent, City Level
Maintenance Charges, all such rates, taxes, utility charges,
and such other levies, if any, which are imposed by the
concerned local authority, Utility Service Providers,
Government, other public authority, Promoter and/or any
authority responsible for GIFT City maintenance and town
services.

10.3 The Party/ies of the SECOND PART - PURCHASER shall


maintain the Apartment at the Party/ies of the SECOND
PART - PURCHASER's own cost in good and tenable
condition from the date of possession of the Apartment and
shall not do or suffer to be done anything in or to the
building in which the Apartment is situated which may be
against the rules, regulations or bye-laws or change/alter
or make addition in or to the building in which the
Apartment is situated and the Apartment itself or any part
thereof without the consent of the party of the FIRST PART
- VENDOR and/or local authority.

10.4 The Party/ies of the SECOND PART - PURCHASER shall


not store in the Apartment any goods which are of
hazardous, combustible or dangerous nature or are so
heavy as to damage the construction or structure of the
building in which the Apartment is situated or storing of
which goods is objected to by the party of the FIRST PART -
VENDOR, GIFT City maintenance and town services
authority or other authority and shall take care while
carrying heavy packages which may damage or likely to
damage the staircases, common passages or any other
structure of the building in which the Apartment is
situated, including entrances of the building in which the
Apartment is situated. In case any damage is caused to the
building in which the Apartment is situated or the
Apartment on account of negligence or default of the
Party/ies of the SECOND PART - PURCHASER in this
behalf, the Party/ies of the SECOND PART - PURCHASER
shall be liable for payment of damages and the
consequences of the breach.

10.5 The Party/ies of the SECOND PART - PURCHASER shall


carry out at his own cost all internal repairs to the
Apartment and maintain the Apartment in the same
condition, state and order in which it was delivered by the
party of the FIRST PART - VENDOR to the PURCHASER
and shall not do or suffer to be done anything in or to the
building in which the Apartment is situated or the
Apartment, which may be contrary to the rules and
regulations and bye-laws of the concerned local authority
or other public authority. In the event of the Party/ies of
the SECOND PART - PURCHASER committing any act in
contravention of the above provision, the PURCHASER
shall be responsible and liable for the loss, damages and
consequences thereof.

10.6 The Party/ies of the SECOND PART - PURCHASER shall


not demolish or cause to be demolished the Apartment or
any part thereof, nor at any time make or cause to be made
any addition or alteration of whatever nature in or to the
Apartment or any part thereof, nor any alteration in the
elevation and outside colour scheme of the building in
which the Apartment is situated and shall keep the portion,
sewers, drains and pipes in the Apartment and the
appurtenances thereto in good tenable repair and
condition, and in particular, so as to support shelter and
protect the other parts of the building in which the
Apartment is situated and shall not chisel or in any other
manner cause damage to columns, beams, walls, slabs or
RCC, Pardis or other structural members in the Apartment
without the prior written permission of the party of the
FIRST PART - VENDOR.

10.7 The Party/ies of the SECOND PART -PURCHASER shall


not do or permit to be done any act or thing which may
render void or voidable any insurance of the said Project
and the building in which the Apartment is situated or any
part thereof or whereby any increased premium shall
become payable in respect of the insurance.

10.8 The Party/ies of the SECOND PART - PURCHASER shall


not throw dirt, rubbish, rags, garbage or other refuse or
permit the same to be thrown from the said Apartment in
the compound or any portion of the Project Land and the
building in which the Apartment is situated.

10.9 The Party/ies of the SECOND PART - PURCHASER shall


pay security deposits, connection charges and/or utility
charges, demanded by the concerned service provider or
authority providing water, electricity, drainage, waste
collection, or any other service connection to the building
in which the Apartment is situated. The Party/ies of the
SECOND PART -PURCHASER shall also pay such other
levies and/or charges payable to the authorities and
respective service providers or the authority responsible for
GIFT City maintenance and town services.

10.10 The Party/ies of the SECOND PART - PURCHASER


shall pay to the VENDOR within fifteen days of demand by
the party of the FIRST PART - VENDOR , his share of
security deposit demanded by the concerned service
provider or authority for giving water, electricity or any
other service connection to the building in which the
Apartment is situated.

10.11 The Party/ies of the SECOND PART - PURCHASER


shall bear and pay increase in local taxes, utility charges
and such other levies, if any, which are imposed by the
concerned local authority, Government, other public
authority, party of the FIRST PART - VENDOR and/or any
agency responsible for GIFT City maintenance and town
services, on account of change of user of the Apartment by
the PURCHASER for any purposes other than for purpose
for which it is sold.

10.12 The Party/ies of the SECOND PART - PURCHASER


shall strictly comply with, abide by and adhere to the
covenants and conditions of this Deed and the rules and
regulations as may be framed by the competent authority
responsible for GIFT City Management and Town Services.

10.13 The Party/ies of the SECOND PART - PURCHASER


shall observe and perform all the rules and regulations
which the Society or association of buyers, the party of the
FIRST PART - VENDOR, and the authority responsible for
GIFT City management and town services, and the
additions, alterations or amendments thereof that may be
made from time to time, for protection and maintenance of
the said Project and the Apartments therein and for the
observance and performance of the Building Rules,
Regulations and Bye-laws for the time being of the
concerned local authority and of Government and other
public bodies. The Party/ies of the SECOND PART -
PURCHASER shall also observe and perform all the
stipulations and conditions laid down by the party of the
FIRST PART - VENDOR, Society, association or authority
responsible for GIFT City management and town services
regarding the occupancy and use of the Apartment in the
Building and shall pay and contribute regularly and
punctually towards the taxes, expenses or other out-goings
in accordance with the terms of this Deed.

10.14 The Party/ies of the SECOND PART - PURCHASER


shall permit the party of the FIRST PART - VENDOR and
their surveyors and agents, with or without workmen and
others, at all reasonable times, to enter into and upon the
said Project Land, building or Apartment or any part
thereof to view and examine the state and condition
thereof.

10.15 The Party/ies of the SECOND PART - PURCHASER


shall be liable to bear and pay the proportionate share of
outgoings in respect of the said Project namely local taxes,
betterment charges or such other levies by the concerned
local authority and/or Government, water charges,
insurance, common lights, repairs and salaries of clerks
bill collectors, chowkidars, sweepers and all other expenses
necessary and incidental to the management and
maintenance of the Project.

10.16 The Party/ies of the SECOND PART - PURCHASER


along with other allottee(s)s of Apartments in the building
shall join in forming and registering the service society or
association or a limited company to be known by such
name as the party of the FIRST PART - VENDOR may
decide. For this purpose, the Party/ies of the SECOND
PART - PURCHASER shall, from time to time, sign and
execute the application for registration and/or membership
and the other papers and documents necessary for the
formation and registration of the Society or Association or
Limited Company and for becoming a member, including
the bye-laws of the proposed Society and duly fill in, sign,
so as to enable the party of the FIRST PART - VENDOR to
register the society or association of the PURCHASERs. The
Party/ies of the SECOND PART -PURCHASER shall have
no objection if any, changes or modifications are made in
the draft bye-laws, or the Memorandum and/or Articles of
Association, as may be required by the Registrar of Co-
operative Societies or the Registrar of Companies, as the
case may be, or any other Competent Authority. Upon
registration of the Society, association or the company, the
Allottee will become the member of said society, association
or the company, as the case may be.

10.17 Till such time, the society, association or limited


company is formed, the Party/ies of the SECOND PART -
PURCHASER shall pay to the party of the FIRST PART -
VENDOR such proportionate share of outgoings or common
area maintenance as may be determined. Further, till the
Party/ies of the SECOND PART - PURCHASER's share is so
determined, the PURCHASER shall pay to the party of the
FIRST PART - VENDOR provisional lumpsum contribution
of Rs.___________/- for 1 year towards the outgoings or
common area maintenance. The amounts so paid by the
Party/ies of the SECOND PART - PURCHASER to the party
of the FIRST PART - VENDOR shall not carry any interest
and remain with the party of the FIRST PART - VENDOR to
meet the outgoings or common area maintenance, until the
same is transferred to the society or the association or the
limited company as aforesaid.

10.18 The Party/ies of the SECOND PART - PURCHASER


shall pay to the party of the FIRST PART - VENDOR a sum
of Rs. _________/- for meeting all legal costs, charges and
expenses, including professional costs of the
Lawyers/Advocates of the VENDOR in connection with
formation of the said Society, or Limited Company, or
Association, and for preparing its rules, regulations and
bye-laws and the cost of preparing and engrossing the
conveyance of common areas of the Project in favour of the
society.
10.19 Promoter Shall not have any claims F.S.I., Additional
F.S.I and terrace rights after Building Use Permission has
been obtained, Such rights if any will be enclosed by the
society of buyers.

11. RESTRICTIVE COVENANTS

The said Property hereby conveyed is subject to the


following covenants, which shall be regarded as the
covenants running with the said Property and shall be
binding on the Party/ies of the SECOND PART -
PURCHASER and subsequent transferees.

11.1 As per GR and Collector’s Orders, the Apartment can be


used by only persons who are working in GIFT City. The
Party/ies of the SECOND PART - PURCHASER shall not
allow to use or let out the Apartment to any person who is
not working in GIFT City. The Apartment shall be used for
purpose of residence only and, no commercial activity will
be allowed to be undertaken by the Party/ies of the
SECOND PART - PURCHASER in the said Apartment.

11.2 In case of subsequent transfers of the said Property by the


PURCHASER/ transferees, the PURCHASER/transferees
shall take No Objection Certificate from the party of the
FIRST PART - VENDOR and shall pay the applicable
premium to the party of the FIRST PART - VENDOR as per
GRs and Collector Orders.

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.

11.4 The Party/ies of the SECOND PART - PURCHASER shall


not make any changes in the elevation of the said Property
like wall coverning stone, colour in balcony, and shall not
close the balcony through cover, grill, shed, whether shed,
or balcony cover or such other type of changes, which
disturb the exterior elevation and structure of the said
Property, and shall also not provide any type of change in
the lighting/s, and shall not use the outside wall for
passing any type of pipes and cables. The PURCHASER
shall not be entitled to change the name, colour or
elevation of the said Project, “SMART LIFE - II” at anytime.

12. TERMINATION OF CONVEYANCE CUM LEASE DEED

12.1 The lease of the Underlying Land of the Apartment will


automatically expire with efflux of time at the end of lease
period (i.e. 99 years from the date of completion certificate
of the Project) unless the party of the FIRST PART -
VENDOR and the Government of Gujarat (GoG) agree to
grant fresh lease on the terms and conditions, as may be
determined by them.

12.2 In the event of failure, neglect or breach on part of the


Party/ies of the SECOND PART - PURCHASER, to comply,
observe and perform, the terms, conditions and covenants
contained herein and the GRs and Collector’s Orders, the
party of the FIRST PART - VENDOR shall send a 30 days’
notice in writing, calling upon the Party/ies of the SECOND
PART - PURCHASER to rectify the breach, defect or
deficiency within the notice period. If the Party/ies of the
SECOND PART - PURCHASER fails to rectify the breach
within the notice period, the party of the FIRST PART -
VENDOR shall be entitled to terminate the leasehold rights
granted herein, by a notice in writing to the Party/ies of the
SECOND PART - PURCHASER.

12.3 Upon expiry of the Lease Period of the Underlying Land or


earlier termination of the leasehold rights, the Party/ies of
the SECOND PART - PURCHASER shall handover the
peaceful and vacant possession of the said Property to the
party of the FIRST PART - VENDOR, failing which, the
party of the FIRST PART - VENDOR shall have the right to
re-enter the said Property and take the possession thereof,
without assuming any liability.

13. ENTIRE DEED

This Deed, along with its schedule, constitutes the entire


Agreement between the Parties with respect to the subject
matter hereof and supersedes any and all understandings,
any other agreements, allotment letter, correspondences,
arrangements whether written or oral, if any, between the
Parties in regard to the said Property, as the case may be.

14. PROVISIONS OF THIS DEED APPLICABLE TO


PURCHASER AND SUBSEQUENT TRANSFEREE/S

It is clearly understood and so agreed by and between the


Parties hereto that all the provisions contained herein and
the covenants and obligations arising hereunder in respect
of the said Property shall equally be applicable to and
enforceable against any subsequent transferee of the said
Property in case of a transfer, as the said covenants and
obligations go along with the said Property for all intents
and purposes.

15. SEVERABILITY

If any provision of this Deed shall be determined to be void


or unenforceable under the Act or the Rules and
Regulations made thereunder or under other applicable
laws, such provisions of this Deed shall be deemed
amended or deleted in so far as reasonably inconsistent
with the purpose of this Deed and to the extent necessary
to conform to Act or the Rules and Regulations made
thereunder or the applicable law, as the case may be, and
the remaining provisions of this Deed shall remain valid
and enforceable as applicable at the time of execution of
this Deed.

16. DISPUTE RESOLUTION

i. In case any disputes arise out of or in connection with


this Deed between the Parties, the Parties shall
endeavor to settle the same amicably by mutual
discussions.

ii. If the dispute cannot be settled amicably within 60


(sixty) days by mutual discussions, the same shall be
referred to the Real Estate Regulatory Authority as per
the provisions of the Act, Rules and Regulations
framed thereunder, prevailing at relevant time.

17. GOVERNING LAW AND JURISDICTION

The rights and obligations of the Parties under and arising


out of this Deed, shall be construed and enforced in
accordance with the laws of India for the time being in force
and the courts at Gandhinagar shall have exclusive
jurisdiction in all matters under this Deed.

18. METHOD OF CALCULATION OF PROPORTIONATE SHARE


WHEREVER REFERRED TO IN THIS DEED
Wherever in this Deed it is stipulated that the PURCHASER
has to make any payment, in common with other buyers in
the said Project, the same shall be in proportion to the
carpet area of the Apartment in the said Project.

19. PLACE OF EXECUTION

For the purpose of this Deed, the place of Execution shall


be the Vendor’s office at GIFT City, Gandhinagar, and this
Deed shall be registered at the office of the Sub-Registrar at
Gandhinagar.

20. NOTICES

All notices to be served on the Party/ies of the SECOND


PART - PURCHASER and the party of the FIRST PART -
VENDOR as contemplated by this Deed shall be deemed to
have been duly served if sent to the Party/ies of the
SECOND PART - PURCHASER or the VENDOR by
Registered Post A.D and notified Email ID at their
respective addresses specified below:

Name of the PURCHASER: _________________________


Address of the PURCHASER ______________________
Notified Email ID: _________________________

Promoter Name: Sangath Infrastructures Pvt. Ltd.,


Registered office: 7, Madhupuri Flats, Kabir Chowk,
Jain Nagar, Sabarmati,
Ahmedabad – 380 005, Gujarat
Notified Email ID: _________________________

It shall be the duty of the Party/ies of the SECOND PART -


PURCHASER and the party of the FIRST PART - VENDOR
to inform each other of any change in address subsequent
to the execution of this Deed in the above address by
Registered Post failing which all communications and
letters posted at the above address shall be deemed to have
been received by the party of the FIRST PART - VENDOR or
the Party/ies of the SECOND PART- PURCHASER, as the
case may be.

21. JOINT ALLOTTEES

That in case there are Joint Allottee all communications


shall be sent by the VENDOR to the PURCHASER whose
name appears first and at the address given by him/her
which shall for all intents and purposes to consider as
properly served on all the PURCHASER.

22. STAMP DUTY AND REGISTRATION

All the charges towards stamp duty and Registration of this


Deed, and lawyer’s fees shall be borne by the Party/ies of
the SECOND PART - PURCHASER.

SCHEDULE “A”

DESCRIPTION OF THE SAID PROPERTY

Residential/Commercial 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 Project known as “SMART LIFE
II”, in GIFT City, constructed on Land admeasuring
3014.28 Sq.Mtrs. in Non SEZ Area of GIFT City, forming
part of the land bearing New Survey No.316 (Survey/ Block
No. 2) situate, lying and being at Village Phirozpur, Taluka
Gandhinagar in the Registration District and Sub District
of GANDHINAGAR in the State of Gujarat and situated on
a piece and parcel of land being part of Block 41 (building
footprint 41G and 41 H) in Zone - 04, Road -4A, GIFT City,
Gandhinagar, Gujarat together with the entitlement to use
the Common Areas and Amenities provided within the
Project.

together with leasehold rights on ______ Sq.Mtrs. of the


proportionate undivided share on the Underlying Land, for
the period of 99 years commencing from the issue of
Completion Certificate dated __________ upto ____________.

Boundaries:
EAST :
WEST :
NORTH :
SOUTH :

IN WITNESS WHEREOF, the Parties hereto have caused this


Deed to be executed in duplicate on the day and year first above
written.

SIGNED and DELIVERED


by the within named VENDOR,
SANGATH INFRASTRUCTURES
PRIVATE LIMITED through
its authorized signatory
Mr._____________________

Both in the presence of:-

1.______________________

2._______________________

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