Karnataka RERA - Sales Agreement Rules - SJ
Karnataka RERA - Sales Agreement Rules - SJ
Karnataka RERA - Sales Agreement Rules - SJ
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ಬೆಂಗಳೂರು, ಸೊ ೕಮವಾರ,15, ಜೂ
ಜೂನ್, 2020( ಜೆಯ್ೆಯ್ೕಷಠ್ ,25, ಶಕವಷ
ಷ, ೧೯೪2) ನಂ. 20
00
Part – IVA Ben DAY, 15, JUNE,,2020( Jyestha
ngaluru, MOND a,25, ShakaVarrsha, 1942) No. 2000
GOVER
RNMENT T OF KAR
RNATAKA
A
HOOUSING D
DEPARTMMENT
No.
N DOH 8 RERA 2017 Karnnataka Goveernment Seccretariat,
Vikasa Soudha,
Beengaluru, daated : 12.066.2020.
NOTIF
FICATION
N
(1)
2
1. Title and commencement:
(1) These rules may be called the Karnataka Real Estate (Regulation and
Development) (First Amendment) Rules, 2020,
(2) Save as otherwise provided in these rules they shall come into force from the date
of their publication in the official Gazette.
2. Amendment of rule 8: In the Karnataka Real Estate (Regulation and Development)
Rules, 2017 (hereinafter referred to as the said rules),
1. Insertion of new rule 8A - In the Karnataka Real Estate (Regulation and
Development) Rules, 2017 (hereinafter referred to as the said rules) after rule 8, the
following shall be inserted, namely:-
(1) “8A. Agreement for Sale - (1) For the purpose of sub-section (2) of
section 13 of the Real Estate (Regulation & Development) Act 2016,
the agreement for sale shall be in the Format as per Annexure-A.
This Agreement for Sale (“Agreement”) executed on this ___ (Date) day of ____
(Month) ,20___
By and Between
[OR]
[OR]
[If the Promoter is a Development Authority / any other public body / registered society /
etc]
__________________________, (Reg. No. _________) a _____________ registered under
the provisions of the _______________ (mention the relevant Act/Rules), as the case may
be), having its registered office at ________________________________, (PAN
________________), represented by its authorized signatory, __________________,
(Aadhaar no. __________________) duly authorized vide organization’s resolution dated
____________, hereinafter referred to as the “Promoter” (which expression shall unless
repugnant to the context or meaning thereof be deemed to mean and include its successor-
in-interest, and permitted assigns).
AND
______________, a partnership firm registered under the Indian Partnership Act, 1932,
having its principal place of business at , (PAN ________________),
represented by its authorized partner, , (Aadhar no. _____________) authorized
vide _________________, hereinafter referred to as the “Allottee” (which expression shall
unless repugnant to the context or meaning thereof be deemed to mean and include the
partners or partners for the time being of the said firm, the survivor or survivors of them and
their heirs, executors and administrators of the last surviving partner and his / her/ their
assigns).
[OR]
[OR]
[Please insert details of other allottee(s), in case of more than one allottee]
The Promoter and Allottee shall hereinafter collectively be referred to as the “Parties”
and individually as a “Party”.
DEFINITIONS:
For the purpose of this Agreement for Sale, unless the context otherwise requires,-
(a) “Act” means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);
(d) “Regulations” means the Regulations made under the Real Estate (Regulation and
Development) Act, 2016;
WHEREAS:
A. The Promoter is the absolute and lawful owner of [municipal nos./ survey nos.]
[Please insert land details as per local laws] __________ totally admeasuring
________ square meters situated at _________ in Village & Hobli ____________
(“Said Land”) vide sale deed(s) dated __________ registered as documents no.
___________ at the office of the Sub-Registrar;
[OR]
[OR]
Provided that where land is earmarked for any institutional development the same
shall be used for those purposes only and no commercial/residential development
shall be permitted unless it is a part of the plan approved by the competent authority;
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C. The Promoter is fully competent to enter into this Agreement and all the legal
formalities with respect to the right, title and interest of the Promoter regarding the
Said Land on which Project is to be constructed have been completed;
D. The _____________ [Please insert the name of the concerned competent authority]
has granted the commencement certificate to develop the Project vide approval dated
_________ bearing registration no __________;
E. The Promoter has obtained the final layout plan, sanctioned plan, specifications
and approvals for the Project and also for the apartment, plot or building, as the case
may be, from __________________ [Please insert the name of concerned competent
authority]. The Promoter agrees and undertakes that it shall not make any changes to
these approved plans except in strict compliance with section 14 of the Act and other
laws as applicable;
F. The Promoter has registered the Project under the provisions of the Act with the
_______________ (Name of Union Territory) Karnataka Real Estate Regulatory
Authority at _____________ on ___________ under registration no. ____________,.
G. The Allottee had applied for an apartment in the Project vide application no.
_______________ dated ___________ and has been allotted apartment no. _________
having carpet area of __________square feet, type _______, on ______ floor in
[tower/block/building] no. ________ (“Building”) along with garage/covered parking
no. ________ admeasuring ___________ square feet in the ___________ [Please insert
the location of the garage/covered parking], as permissible under the applicable law
and of pro rata share in the common areas (“Common Areas”) as defined under
clause (n) of Section 2 of the Act (hereinafter referred to as the “Apartment” more
particularly described in Schedule A and the floor plan of the apartment is
annexed hereto and marked as Schedule B);
[OR]
The Allottee had applied for a plot in the Project vide application no. _________ dated
__________ and has been allotted plot no. ______ having area of ______ square feet
and plot for garage / covered parking admeasuring ________ square feet (if applicable)]
in the _________ [Please insert the location of the garage/covered parking], as
permissible under the applicable law and of pro rata share in the common areas
(“Common Areas”) as defined under clause (n) of Section 2 of the Act (hereinafter
referred to as the “Plot” more particularly described in Schedule A);
H. The Parties have gone through all the terms and conditions set out in this Agreement
and understood the mutual rights and obligations detailed herein;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area
is Rs. ______ (Rupees ___________ only ("Total Price") (Give break up and
description):
*Provide break-up of the amounts such as cost of plot, proportionate cost of common
areas, taxes, maintenance charges as per para 11 etc., if/ as applicable.
Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the
Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the
Promoter by way of Goods and Service Tax (GST), or any other similar taxes
which may be levied, in connection with the construction of the Project payable
by the Promoter, by whatever name called) and the same shall be payable by the
Allottee on or before handing over the possession of the apartment/plot to the
allottee and the project to the association of the Allottees or the competent
authority, as the case may be, after obtaining the completion certificate /
occupancy certificate;
Provided that in case there is any change / modification in the taxes, the
subsequent amount payable by the allottee to the promoter shall be
increased/reduced based on such change / modification:
Provided further that if any increase in the taxes after the expiry of the schedule
dated of completion of the project as per registration with the authority which
shall include the extension of registration, if any, granted to the said project by
the Authority as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount
payable as stated in (i) above and the Allottee shall make payment demanded by
the Promoter within the time and in the manners specified therein. In addition,
the Promoter shall provide to the Allottee the details of the taxes paid or
demanded along with the acts/rules/notifications together with dates from which
such taxes/levies etc. have been imposed or become effective;
1.3 The Total Price is escalation-free, save and except increases which the Allottee
hereby agrees to pay, due to increase on account of development charges
payable to the competent authority and/or any other increase in charges which
may be levied or imposed by the competent authority from time to time. The
Promoter undertakes and agrees that while raising a demand on the Allottee for
increase in development charges, cost/charges imposed by the competent
authorities, the Promoter shall enclose the said notification/order/rule/regulation
to that effect along with the demand letter being issued to the Allottee, which
shall only be applicable on subsequent payments. Provided that if there is any
new imposition or increase of any development charges after the expiry of the
scheduled date of completion of the project as per registration with the Authority,
which shall include the extension of registration, if any, granted to the said project
by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in
Schedule C (“Payment Plan”).
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of
installments payable by the Allottee by discounting such early payments @
____% per annum for the period by which the respective installment has been
preponed. The provision for allowing rebate and such rate of rebate shall not
be subject to any revision/withdrawal, once granted to an Allottee by the
Promoter.
1.6 It is agreed that the Promoter shall not make any additions and alterations in
the sanctioned plans, layout plans and specifications and the nature of fixtures,
fittings and amenities described herein at Schedule ‘D’ and Schedule ‘E’ (which
shall be in conformity with the advertisement, prospectus etc., on the basis of
which sale is effected) in respect of the apartment, plot or building, as the case
may be, without the previous written consent of the Allottee as per the provisions
of the Act. Provided that the Promoter may make such minor additions or
alterations as may be required by the Allottee, or such minor changes or
alterations as per the provisions of the Act.
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final
carpet area that has been allotted to the Allottee after the construction of the
Building is complete and the occupancy certificate* is granted by the competent
authority, by furnishing details of the changes, if any, in the carpet area. The total
price payable for the carpet area shall be recalculated upon confirmation by the
Promoter. If there is any reduction in the carpet area then t h e Promoter shall
refund the excess money paid by Allottee within sixty days with annual interest at
the rate prescribed in the Rules, from the date when such an excess amount was
paid by the Allottee. If there is any increase in the carpet area, which is not more
than three percent of the carpet area of the apartment, allotted to Allottee, the
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Promoter may demand that from the Allottee as per the next milestone of the
Payment Plan as provided in Schedule-C. All these monetary adjustments shall
be made at the same rate per square feet as agreed in para 1.2 of this
Agreement.
1.8 Subject to para 9.3 the Promoter agrees and acknowledges, the Allottee shall
have the right to the [Apartment/Plot] as mentioned below:
(ii) The Allottee shall also have undivided proportionate share in the
Common Areas. Since the share / interest of Allottee in the Common
Areas is undivided and cannot be divided or separated, the Allottee shall
use the Common Areas along with other occupants, maintenance staff
etc., without causing any inconvenience or hindrance to them. It is
clarified that the promoter shall hand over the common areas to the
association of allottees after duly obtaining the completion certificate
from the competent authority as provided in the Act;
(iv) The Allottee has the right to visit the project site to assess the extent of
development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the
[ Apartment/Plot] along with _________ garage/covered parking shall be
treated as a single indivisible unit for all purposes. It is agreed that the Project
is an independent, self-contained Project covering the said Land and is not a
part of any other project or zone and shall not form a part of and/or/
linked/combined with any other project in its vicinity or otherwise except for
the purpose of integration of infrastructure for the benefit of the Allottee. It is
clarified that Project’s facilities and amenities shall be available only for use
and enjoyment of the Allottees of the Project.
1.10 The Promoter agrees to pay all outgoings before transferring the physical
possession of the apartment to the Allottees, which it has collected from
the Allottees, for the payment of outgoings (including land cost, ground
rent, municipal or other local taxes, charges for water or electricity,
maintenance charges, including mortgage loan and interest on mortgages or
11
other encumbrances and such other liabilities payable to competent
authorities, banks and financial institutions, which are related to the project).
If the Promoter fails to pay all or any of the outgoings collected by it from
the Allottees or any liability, mortgage loan and interest thereon before
transferring the apartment to the Allottees, the Promoter agrees to be liable,
even after the transfer of the property, to pay such outgoings and penal
charges, if any, to the authority or person to whom they are payable and be
liable for the cost of any legal proceedings which may be taken therefor by
such authority or person.
Provided that if the allottee delays in payment towards any amount for
which is payable; he shall be liable to pay interest at the rate specified in the
Rules.
2. MODE OF PAYMENT:
Subject to the terms of the Agreement and the Promoter abiding by the
construction milestones, the Allottee shall make all payments, on written demand
by the Promoter, within the stipulated time as mentioned in the Payment Plan
[Schedule C] through A/c Payee cheque/demand draft/bankers cheque or online
payment (as applicable) in favour of ‘_________________’ payable at
________________.
3.1 The Allottee, if resident outside India, shall be solely responsible for
complying with the necessary formalities as laid down in Foreign Exchange
Management Act, 1999, Reserve Bank of India Act, 1934 and the Rules and
Regulations made thereunder or any statutory amendment(s) modification(s)
made thereof and all other applicable laws including that of remittance of
payment acquisition/sale/transfer of immovable properties in India etc. and
provide the Promoter with such permission, approvals which would enable
the Promoter to fulfill its obligations under this Agreement. Any refund,
transfer of security, if provided in terms of the Agreement shall be made in
accordance with the provisions of Foreign Exchange Management Act, 1999
or the statutory enactments or amendments thereof and the Rules and
Regulations of the Reserve Bank of India or any other applicable law.
The Allottee understands and agrees that in the event of any failure on
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his/her part to comply with the applicable guidelines issued by the Reserve
Bank of India, he/she may be liable for any action under the Foreign
Exchange Management Act, 1999 or other laws as applicable, as amended
from time to time.
4. ADJUSTMENT/APPROPRIATION OF PAYMENTS:
5. TIME IS ESSENCE:
The Promoter shall abide by the time schedule for completing the project as disclosed at
the time of registration of the project with the Authority and towards handing over the
[Apartment/Plot] to the Allottee and the common areas to the association of the allottees
or the competent authority, as the case may be.
The Allottee has seen the proposed layout plan, specifications, amenities and facilities
of [Apartment/Plot] and accepted the floor plan, payment plan and the specifications,
amenities and facilities [annexed along with this Agreement] which has been approved
by the competent authority, as represented by the Promoter. The Promoter shall
develop the Project in accordance with the said layout plans, floor plans and
specifications, amenities and facilities. Subject to the terms in this Agreement, the
Promoter undertakes to strictly abide by such plans approved by the competent
Authorities and shall also strictly abide by the bye-laws, FAR and density norms
and provisions prescribed by the _____________ [Please insert the relevant State laws]
and shall not have an option to make any variation /alteration /modification in such
plans, other than in the manner provided under the Act, and breach of this term by
the Promoter shall constitute a material breach of the Agreement.
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7. POSSESSION OF THE APARTMENT/PLOT:
7.2 Procedure for taking possession - The Promoter, upon obtaining the
occupancy certificate* from the competent authority shall offer in writing
the possession of the [ Apartment/Plot], to the Allottee in terms of this
Agreement to be taken within two months from the date of issue of
occupancy certificate. [Provided that, in the absence of local law, the
conveyance deed in favour of the allottee shall be carried out by the Promoter
within 3 months from the date of issue of occupancy certificate]. The
Promoter agrees and undertakes to indemnify the allottee in case of failure of
fulfillment of any of the provisions, formalities, documentation on part of the
promoter. The Allottee, after taking the possession, agree(s) to pay the
maintenance charges as determined by the Promoter/association of allottees,
as the case may be after the issuance of the completion certificate for the
project. The promoter shall hand over the occupancy certificate of the
apartment/plot, as the case may be, to the allottee at the time of conveyance
of the same time.
7.3 Failure of Allottee to take Possession of [Apartment/Plot] - Upon receiving a
written intimation from the Promoter as per para 7.2, the Allottee shall take
possession of the [Apartment/Plot] from the Promoter by executing
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necessary indemnities, undertakings and such other documentation as
prescribed in this Agreement, and the Promoter shall give possession of
the [Apartment/Plot] to the allottee. In case the Allottee fails to take
possession within the time provided in para 7.2, such Allottee shall continue
to be liable to pay maintenance charges as specified in para 7.2.
7.4 Possession by the Allottee - After obtaining the occupancy certificate* and
handing over physical possession of the [Apartment/Plot] to the Allottees,
it shall be the responsibility of the Promoter to hand over the necessary
documents and plans, including common areas, to the association of
Allottees or the competent authority, as the case may be, as per the local
laws. [Provided that, in the absence of any local law, the promoter shall
handover the necessary documents and plans, including common areas, to the
association of allottees or the competent authority, as the case may be, within
thirty days after obtaining the completion certificate].
7.5 Cancellation by Allottee – The Allottee shall have the right to
cancel/withdraw his allotment in the Project as provided in the Act:
Provided that where the allottee proposes to cancel/withdraw from the
project without any fault of the promoter, the promoter herein is entitled to
forfeit the booking amount paid for the allotment. The balance amount of
money paid by the allottee shall be returned by the promoter to the allottee
within 60 days of such cancellation.
7.6 Compensation - The Promoter shall compensate the Allottee in case of any
loss caused to him due to defective title of the land, on which the
project is being developed or has been developed, in the manner as
provided under the Act and the claim for interest and compensation under
this provision shall not be barred by limitation provided under any law for
the time being in force.
Except for occurrence of a Force Majeure event, if the promoter fails to
complete or is unable to give possession of the [Apartment/Plot] (i) in
accordance with the terms of this Agreement, duly completed by the date
specified i n para 7.1; or (ii) due to discontinuance of his business as a
developer on account of suspension or revocation of the registration under
the Act; or for any other reason; the Promoter shall be liable, on demand to
the allottees, in case the Allottee wishes to withdraw from the Project,
without prejudice to any other remedy available, to return the total amount
received by him in respect of the [Apartment/Plot], with interest at the
rate prescribed in the Rules including compensation in the manner as
provided under the Act within Sixty days of it becoming due. Provided that
where if the Allottee does not intend to withdraw from the Project, the
Promoter shall pay the Allottee interest at the rate prescribed in the Rules for
every month of delay, till the handing over of the possession of the
[Apartment/Plot], which shall be paid by the promoter to the allottee within
Sixty (60) days of it becoming due.
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8. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land;
the requisite rights to carry out development upon the said Land and absolute,
actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent
Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;
[in case there are any encumbrances on the land provide details of such
encumbrances including any rights, title, interest and name of party in or over such
land]
(iv) There are no litigations pending before any Court of law or Authority with respect
to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with
respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and
have been obtained by following due process of law. Further, the Promoter has
been and shall, at all times, remain to be in compliance with all applicable laws in
relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or
omitted to perform any act or thing, whereby the right, title and interest of the
Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development
agreement or any other agreement / arrangement with any person or party with
respect to the said Land, including the Project and the said [Apartment/Plot] which
will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever
from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in
this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover
lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the
Allottee and the common areas to the Association of the allottees or the competent
authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part
thereof is owned by any minor and/or no minor has any right, title and claim over
the Schedule Property;
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(xi) The Promoter has duly paid and shall continue to pay and discharge all
governmental dues, rates, charges and taxes and other monies, levies,
impositions, premiums, damages and/or penalties and other outgoings,
whatsoever, payable with respect to the said project to the competent Authorities
till the completion certificate has been issued and possession of apartment, plot or
buildings, as the case may be, along with common areas (equipped with all the
specifications, amenities and facilities) has been handed over to the allottee and the
association of allottees or the competent authority, as the case may be;
(xii) 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 by or
served upon the Promoter in respect of the said Land and/or the Project.
9.2 In case of Default by Promoter under the conditions listed above, Allottee is
entitled to the following:
(ii) The Allottee shall have the option of terminating the Agreement in which
case the Promoter shall be liable to refund the entire money paid by the
Allottee under any head whatsoever towards the purchase of the
apartment, along with interest at the rate prescribed in the Rules within
sixty days of receiving the termination notice:
17
Provided that where an Allottee does not intend to withdraw from the
project or terminate the Agreement, he shall be paid, by the promoter,
interest at the rate prescribed in the Rules, for every month of delay till
the handing over of the possession of the [Apartment/Plot], which shall
be paid by the promoter to the allottee within Sixty days of it becoming
due.
(ii) In case of Default by Allottee under the condition listed above continues
for a period beyond _____________ consecutive months after notice from
the Promoter in this regard, the Promoter may cancel the allotment of
the [Apartment/Plot], in favour of the Allottee and refund the money paid
to him by the allottee by deducting the booking amount and the interest
liabilities and this Agreement shall thereupon stand terminated. Provided
that the promoter shall intimate the allottee about such termination at least
thirty days prior to such termination.
The Promoter, on receipt of Total Price of the [Apartment/Plot] as per 1.2 under the
Agreement from the Allottee, shall execute a conveyance deed and convey the title of
the [Apartment/Plot] together with proportionate indivisible share in the Common
Areas within 3 months from the date of issuance of the occupancy certificate* and
the completion certificate, as the case may be, to the allottee. [Provided that, in the
absence of local law, the conveyance deed in favour of the allottee shall be carried
out by the promoter within 3 months from the date of issue of occupancy certificate].
However, in case the Allottee fails to deposit the stamp duty and / or registration
charges within the period mentioned in the notice, the allottee authorized the
promoter to withhold registration of the conveyance deed in his/her favour till
payment of stamp duty and registration charges to the promoter is made by the
allottee.
14. USAGE:
Use of Basement and Service Areas: The basement(s) and service areas, if any, as
located within the _____________________ (Project name), shall be earmarked for
purposes such as parking spaces and services including but not limited to electric
sub-station, transformer, DG set rooms, underground water tanks, pump rooms,
maintenance and service rooms, fire fighting pumps and equipment’s etc. and other
permitted uses as per sanctioned plans. The Allottee shall not be permitted to use
the services areas and the basements in any manner whatsoever, other than those
earmarked as parking spaces, and the same shall be reserved for use by the
association of Allottees formed by the Allottees for rendering maintenance services.
15.1 Subject to Para 12 above, the Allottee shall, after taking possession, be solely
responsible to maintain the [Apartment /Plot] at his/her own cost, in good
repair and condition and shall not do or suffer to be done anything in or
to the Building, or the [ Apartment/Plot] or the staircases, lifts, common
passages, corridors, circulation areas, atrium or the compound which may be
in violation of any laws or rules of any authority or change or alter or make
additions to the [Apartment / Plot] and keep the [Apartment / Plot] , its
19
walls and partitions, sewers, drains, pipe and appurtenances thereto or
belonging thereto, in good and tenantable repair and maintain the same in a
fit and proper condition and ensure that the support, shelter etc. of the
Building is not in any way damaged or jeopardized.
15.2 The Allottee further undertakes, assures and guarantees that he/she would
not put any sign-board / name-plate, neon light, publicity material or
advertisement material etc. on the face / facade of the Building or anywhere
on the exterior of the Project, buildings therein or Common Areas. The
Allottees shall also not change the colour scheme of the outer walls or
painting of the exterior side of the windows or carry out any change in
the exterior elevation or design. Further the Allottee shall not store any
hazardous or combustible goods in the [Apartment / Plot] o r place any heavy
material in the common passages or staircase of the Building. The Allottee
shall also not remove any wall, including the outer and load bearing wall of
the [Apartment / Plot].
15.3 The Allottee shall plan and distribute its electrical load in conformity with
the electrical systems installed by the Promoter and thereafter the association
of Allottees and/or maintenance agency appointed by association of
Allottees. The Allottee shall be responsible for any loss or damages
arising out of breach of any of the aforesaid conditions.
The parties are entering into this Agreement for the allotment of a [Apartment/Plot]
with the full knowledge of all laws, rules, regulations, notifications applicable to
the Project.
The Promoter undertakes that it has no right to make additions or to put up additional
structure(s) anywhere in the Project after the building plan, layout plan, sanction plan
and specifications, amenities and facilities has been approved by the competent
authority(ies) and disclosed, except for as provided in the Act.
After the Promoter executes this Agreement he shall not mortgage or create a charge
on the [Apartment/Plot/Building] and if any such mortgage or charge is made or
created then notwithstanding anything contained in any other law for the time being
in force, such mortgage or charge shall not affect the right and interest of the
Allottee who has taken or agreed to take such [Apartment/Plot/Building].
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19. THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972 and THE
KARNATAKA OWNERSHIP FLATS (REGULATION OF THE
PROMOTION OF THE CONSTRUCTION, SALE, MANAGEMENT AND
TRANSFER) ACT, 1972:
The Promoter has assured the Allottees that the project in its entirety is in
accordance with the provisions of the Karnataka Apartment of Ownership Act,
1972(Karnataka Act 17 of 1973) and the Karnataka Ownership Flats (Regulation of
the Promotion of the Construction, Sale, Management and Transfer) Act, 1971. The
Promoter showing compliance of various laws/regulations as applicable in the State
of Karnataka and its revision thereafter from time to time (xx - here specify the
details………..).
Forwarding this Agreement to the Allottee by the Promoter does not create a
binding obligation on the part of the Promoter or the Allottee until, firstly, the
Allottee signs and delivers this Agreement with all the schedules along with the
payments due as stipulated in the Payment Plan within 30 (thirty) days from the
date of receipt by the Allottee and secondly, appears for registration of the same
before the concerned Sub-Registrar ____________ (specify the address of the Sub-
Registrar) as and when intimated by the Promoter. If the Allottee(s) fails to
execute and deliver to the Promoter this Agreement within 30 (thirty) days from the
date of its receipt by the Allottee and/or appear before the Sub-Registrar for its
registration as and when intimated by the Promoter, then the Promoter shall serve
a notice to the Allottee for rectifying the default, which if not rectified within 30
(thirty) days from the date of its receipt by the Allottee, application of the
Allottee shall be treated as cancelled and all sums deposited by the Allottee in
connection therewith including the booking amount shall be returned to the Allottee
without any interest or compensation whatsoever.
This Agreement, along with its schedules, 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 apartment/plot/building, as the case may be.
This Agreement may only be amended through written consent of the Parties.
24.1 The Promoter may, at its sole option and discretion, without prejudice to its
rights as set out in this Agreement, waive the breach by the Allottee in not
making payments as per the Payment Plan [Annexure C] including waiving
the payment of interest for delayed payment. It is made clear and so agreed
by the Allottee that exercise of discretion by the Promoter in the case of
one Allottee shall not be construed to be a precedent and /or binding on the
Promoter to exercise such discretion in the case of other Allottees.
24.2 Failure on the part of the Promoter to enforce at any time or for any period of
time the provisions hereof shall not be construed to be a waiver of any
provisions or of the right thereafter to enforce each and every provision.
25. SEVERABILITY:
If any provision of this Agreement 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 the Agreement shall be deemed amended or
deleted in so far as reasonably inconsistent with the purpose of this Agreement
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 Agreement shall remain valid and enforceable as applicable at
the time of execution of this Agreement.
Wherever in this Agreement it is stipulated that the Allottee has to make any
payment, in common with other Allottee(s) in Project, the same shall be the
proportion which the carpet area of the [Apartment/Plot] bears to the total carpet
area of all the [Apartments/Plots] in the Project.
Both Parties agree that they shall execute, acknowledge and deliver to the other
such instruments and take such other actions, in additions to the instruments and
actions specifically provided for herein, as may be reasonably required in order to
effectuate the provisions of this Agreement or of any transaction contemplated
22
herein or to confirm or perfect any right to be created or transferred hereunder or
pursuant to any such transaction.
The execution of this Agreement shall be complete only upon its execution by the
Promoter through its authorized signatory at the Promoter’s Office, or at some other
place, which may be mutually agreed between the Promoter and the Allottee, in
________________________ after the Agreement is duly executed by the Allottee
and the Promoter or simultaneously with the execution the said Agreement shall be
registered at the office of the Sub-Registrar at _________________ (specify the
address of the Sub-Registrar). Hence this Agreement shall be deemed to have been
executed at _____________________________.
29. NOTICES:
That all notices to be served on the Allottee and the Promoter as contemplated by
this Agreement shall be deemed to have been duly served if sent to the Allottee
or the Promoter by Registered Post at their respective addresses specified below:
It shall be the duty of the Allottee and the promoter to inform each other of any
change in address subsequent to the execution of this Agreement 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 promoter or the
Allottee, as the case may be.
That in case there are Joint Allottees all communications shall be sent by the
Promoter to the Allottee 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 Allottees.
31. SAVINGS:
Any application letter, allotment letter, agreement, or any other document signed by
the allottee, in respect of the apartment, plot or building, as the case may be, prior to
the execution and registration of this Agreement for Sale for such apartment, plot or
building, as the case may be, shall not be constructed to limit the rights and interest
23
of the allottee under the Agreement of Sale or under the Act or the rules or the
regulations made thereunder.
That the rights and obligations of the parties under or arising out of this
Agreement shall be construed and enforced in accordance with the Act and the
Rules and Regulations made thereunder including other applicable laws of India for
the time being in force.
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 Act.
[Please insert any other terms and conditions as per the contractual
understanding between the parties, however, please ensure that such additional
terms and conditions are not in derogation of or inconsistent with the terms and
conditions set out above or the Act and the Rules and Regulations made there
under.]
IN WITNESS WHEREOF parties hereinabove named have set their respective hands
and signed this Agreement for sale at ___________________ (city/town name) in the
presence of attesting witness, signing as such on the day first above written.
Please affix
(2) Signature ____________________ photograph
Name ________________________ and sign
Address ______________________ across the
photograph
Promoter:
Please affix
photograph
(1) Signature (Authorized Signatory) _______________
and sign
Name _______________________ across the
Address _____________________ photograph
2. Signature ___________________
Name _______________________
Address _____________________
SCHEDULE ‘A’ - PLEASE INSERT DESCRIPTION OF THE
[Apartment/Plot] AND THE GARAGE/
COVERED PARKING (IF APPLICABLE)
ALONG WITH BOUNDARIES IN ALL FOUR
DIRECTIONS
SCHEDULE ‘B’ - FLOOR PLAN OF THE APARTMENT
25
[The ‘Schedule’ to this Agreement for Sale shall be as agreed to between the Parties]
*Or such other certificate by whatever name called issued by the Competent Authority.
(SHIVANNA. C)
Under Secretary to Government-1,
Housing Department.
ಮುದರ್ಕರು ಹಾಗೂ ಪರ್ಕಾಶಕರು:- ಸಂಕಲನಾಧಿಕಾರಿಗಳು, ಕನಾರ್ಟಕ ರಾಜಯ್ಪತರ್, ಸಕಾರ್ರಿ ಕೇಂದರ್ ಮುದರ್ಣಾಲಯ, ಬೆಂಗಳೂರು