Ratan Niwas-17.03.15.doc

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DRAFT DT.01/03/2015 THIS ARTICLES OF AGREEMENT made and entered into at Mumbai on this _____ day of _____________, 2015. 1

Transcript of Ratan Niwas-17.03.15.doc

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DRAFT DT.01/03/2015THIS ARTICLES OF AGREEMENT made and entered into at Mumbai on this _____ day of _____________, 2015.BETWEENM/S. JAYANT CONSTRUCTIONS proprietary concern of Shri Jayantilal Lunkad having his Office at 1/1A, Ground Floor, Radha Niwas, 10/12 Navroji Seth Street, Thakurdwar, Mumbai- 400 002, hereinafter referred to and called as THE OWNER / DEVELOPER (which expression shall unless repugnant to the context or meaning thereof be deemed to include respective heirs, executors, administrators and assigns) of the ONE PART;

AND

________________________________________________________ an adult, Indian Inhabitant of Mumbai, residing at Room No. ______, _________ Floor, Ratan Niwas, 32 Kakadwadi, V.P. Road, Mumbai- 400 004, hereinafter called and referred to as THE TENANT (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his/her heirs, executors, administrators and assigns) of the OTHER PART; WHEREAS Mrs. Rajkishori Shrikant Shukla and 2. Mrs. Shailadevi Triveniprasad Shukla were the Owners of (a) a plot of land bearing Cadastral Survey No. 467 of Girgaon Division admeasuring 328 sq. yards i.e. 274.24 sq. meters situated at 32 Kakadwadi, V.P. Road, Mumbai and shown in red colour boundary line on the plan annexed hereto and marked as Annexure A and more particularly described in the First Schedule hereunder written (hereinafter referred to as the plot of land) and (b) the building standing thereon known as Ratan Niwas (hereinafter referred to as the existing structures) and the existing structures are occupied by approximately 26 tenants (hereinafter referred to as the Tenants / Occupants). The particulars of the Tenants / Occupants are set out in the list annexed hereto and marked as Annexure B.

AND WHEREAS by registered Deed of Conveyance dated 12th August, 2010 the said Original Owners conveyed the property in favour of M/s. Jayant Constructions, a proprietary concern of Shri Jayantilal Lunkad.

AND WHEREAS the Developers are seized and possessed of or otherwise well and sufficiently entitled to ALL that piece or parcel of pension and tax land or ground with the Messuage tenement or dwelling house standing thereon known as Ratan Niwas situated, lying and being at Kakadwadi on the Registration Sub-District and District of Bombay City and Bombay Suburban containing by admeasurements 328 sq. yards i.e. 274.24 sq. meters or thereabout according to C.S. Register and Registered in the books of the Collector of Land Revenue under Old No. 93 New No. 801 Survey No. 531 New Survey No. 7828 and bearing Cadastral Survey No. 467 of the Girgaon Division and in the Books of the Collector of Municipal Rates and Taxes under D-ward No. 959 and street No. 32 and 32 A and more particularly described in the First Schedule hereunder written and hereinafter referred to as the said property.

AND WHEREAS the Developer is desirous of developing the said property.

AND WHEREAS building known as Ratan Niwas consisting of approximately 26 premises or as may be certified by MHADA and the same is constructed prior to 1940.

AND WHEREAS particulars of each of the said Existing Old Structure such as the number of residential tenements, and Commercial Tenament the floor the names of the respective Tenant / Occupant who are in use and occupation of each of those residential premises / non-residential premises, area thereof are set out alongside the name of each of such Tenant / Occupant in the Statements hereinabove annexed and marked as Annexure B. AND WHEREAS the said Existing Old Structures are beyond repairs and it is therefore necessary to redevelop the said property by demolishing all the said Existing Old Structures and by constructing new buildings /structures in place thereof for the occupation of old tenants / occupants.

AND WHEREAS the Developer and Tenants are of the considered opinion that the aforesaid building is beyond repair and hence to be pulled down and in its place a new building needs to be constructed thereon.

AND WHEREAS Tenant is the monthly tenant in respect of residential Room No. ______ situated on the ____________ Floor, _____ Block in the building known as Ratan Niwas which Room admeasures _______ sq. ft. carpet area and is paying Rs. _______ per month to the Owner (hereinafter referred to as the Old Tenanted Premises). The tenant/Occupant shall continue to pay the said rent to the Owner/Developer until possession of the PAA is offered to the tenant/Occupant by the Developer.AND WHEREAS the Developer has prepared the proposal for redevelopment of the said property in accordance with the Regulation No. 33(7) of the Development Control Regulations of Greater Bombay, 1991 (hereinafter referred to as the said D.C. Regulations) or any other applicable Regulations under the D.C. Regulation or any other applicable law, without affecting various terms and conditions of this Agreement which provides for the scheme of redevelopment of the tenements / chawls / shops and Old structures occupied by Tenants.

AND WHEREAS by mutual consent, the Tenants have agreed to give all co-operation in the scheme of re-development of the said property including the reconstruction and give irrevocable consent for the same and after getting IOD the tenant will vacate and handover possession of the Old Tenanted Premises and existing old structures to the Owner / Developer for the purpose of demolition after the IOD is issued by the MCGM and the Permanent Alternate Agreement (PAA for short) with the Owner Developer has been duly registered and the Developer has agreed to give to the Tenant permanent alternate accommodation free of cost on ownership basis, being a Flat/Non-residential structure admeasuring 376/_____ sq. ft. carpet area, in the new building known as Jayant Blossom proposed to be constructed on the said property free of cost in lieu of the Old Tenanted Premises on certain terms and conditions mutually agreed upon by and between the parties. AND WHEREAS the Parties hereto have deliberation and discussion and as a consequences thereof they have arrived at an understanding which they have decided to reduce into writing being these presents.NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. It is expressly agreed by and between the parties hereto that various recitals mentioned herein above shall be treated as a part and parcel of these presents as if the same have been reproduced in verbatim under these presents.2. The Surrender of tenancy to the Developer for the purpose of re-development does not take away the tenancy rights of the tenant. The tenancy rights of all the tenants/Occupants are hereby protected.

3. The Tenant doth hereby declare and confirms that he/she is monthly Tenant in respect of Old Tenanted Premises being Room No. _______ admeasuring about _________ sq. ft. carpet area situated on the _________, _______ Block, in the said building known as Ratan Niwas and the monthly rent payable by the Tenant to the Landlord/Owner in respect thereof is Rs._______/- (Rupees __________________________ only).4. The Tenant do hereby gives his irrevocable and unconditional consent for demolition of the Old Tenanted Premises, existing old structures and re-development of the said property and construction of the new building thereon by the Owner / Developer being M/s. Jayant Constructions, Proprietary concern of Shri. Jayantilal Lunkad having his office at 1/1A, Ground Floor, Radha Niwas, 10/12, Navroj Seth Street, Thakurdwar, Mumbai- 400 002 in accordance with the scheme of re-development provided under the provisions of Regulation No.33 (7) of the Development Control Regulations of Greater Mumbai, 1991 (hereinafter referred to as the said D.C. Regulations). Under the said scheme, the Tenant/Occupant will be provided with self contained residential tenement / non-residential tenement, as the case may be free of costs on what is known as ownership basis, in new building proposed to be constructed by the Developer on the said property for existing Tenants and for Purchasers (hereinafter referred to as the said New Rehab Premises) in lieu of the said old tenanted premises in use and occupation of the Tenant/Occupant in the said Existing Old Structure. The Tenant / Occupant in Tenants Rehab Building will be provided with residential tenement of 376/_____ sq. ft. of carpet area with a clear height of 9.5 ft as per the Tentative Plan of individual flat annexed hereto as Annexure C free of cost on ownership basis as contemplated under the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (Act XL V of 1963). It is specifically agreed between the parties that the said minimum area agreed to be provided to the tenant/ occupant i.e. net carpet area of 376/___ sq. ft. as per the proposed plan of the Individual Flat annexed hereto as Annexure C is one of the important terms and condition of this Agreement. The said premises shall have minimum clear height of 9.5 feet. 5. The Owner/Developer shall provide a copy of the tentative plans of the building and their respective floors and of PAA to all the tenants/Occupants in advance. 6. The Developers shall provide in the said New Rehab Premises to be provided to the Tenant / Occupant amenities as set out in Second Schedule. 7. The Developer / Owners are desirous of developing the said property and for that purpose it is required to demolish the existing structures and putting up new buildings on the said plot of land described in the First Schedule hereunder written as per the plans to be sanctioned by the Municipal Corporation of Greater Mumbai and thereafter form a Co-operative Housing Society of the tenement holders. 8. The Developer shall submit Plans for redevelopment for sanction to M.C.G.M. / MHADA / Other Authorities The said proposed Plans are signed by the Developers / their Architect and true copies thereof shall be made available to Tenants Society, members of the Managing Committee of the Society. 9. It is specifically agreed by and between the parties that only after more than 70% consent are given by the tenants to the Developer, the Developer shall submit the proposal to MHADA for NOC and thereafter shall submit the plan to MCGM under Regulation No. 33(7) of the Development Control Regulations for Greater Mumbai, 1991. The Developer shall ensure that he shall obtain NOC from MHADA and thereafter IOD from MCGM and other necessary permission for redevelopment from various authorities expediently in view of the dilapidated condition of the building.10. As the Developer require to demolish the premises occupied by the tenants to ensure the development of the property it is agreed that the tenants shall vacate and hand over possession of the original tenanted premises and shall shift to the transit accommodation of his/her choice within the period of 60 (sixty) days from the date of intimation from the Developers. The Developer before issuing the said intimation furnish to the tenants/occupants the copy of the IOD issued by the MCGM and get all the PAA agreement of all the tenant/occupants duly registered with sub registrar of assurances and already paid the advance rent compensation and all other dues as payable under this agreement to the tenants/occupant, However, it is agreed that such intimation to vacate shall be given only after receipt of I.O.D. In respect of alternate temporary accommodation selected by the tenant, Developers shall pay such compensation amount that may be required for the said purpose in respect of the said temporary alternate accommodation as detailed below :- The Owner/Developer shall pay a sum of Rs.16,000 (Rupees Sixteen thousand only ) or Rs. 90 Per Sq. ft (on existing area of the tenant) whichever area amongst is higher by way of rent/compensation to the tenant/occupant to secure them temporary alternate accommodation. The said fixed amount of Rs.16,000 shall be paid only for the first 12 months and after the said 12 months and for further period of 12 months the rent/compensation shall be Rs.17,000(Rupees Seventeen thousand only) and after the said 12 months and for further period of 12 months the rent/compensation shall be Rs.18,000(Rupees Eighteen thousand only) and after the said 12 months and for further period of construction work completion the owner/Developer shall pay 20% rise on last paid rent/compensation for every 12 months till he offers the possession of the PAA to the tenant/occupant. One Cheque for consolidated period of first 12 months compensation shall be handed over by the Developer to the Tenant at the time of handing over the vacant possession of the Old Tenanted Premises to the Developer, however if the tenant needs the first cheque 7 days prior to the vacation of his premises then the Developer will hand over the same to the tenant but the period of the rent will be counted from the date of handing over the vacant possession of the Old Tenanted Premises by the tenant to the Developer and two post dated Cheques equivalent to 2 consolidated period of further 12 months bearing date of 13th month and 25th month of the agreed amount herein as that of the first cheque and one post dated cheque equivalent to consolidated period of further 12 months bearing date of 37th at 20% enhanced rate (as agreed herein) shall also be handed over by the Developer to the

Tenant. The Developer undertakes that the aforesaid four Cheques shall be encashed on due dates. The Developer will also give brokerage to the tenants equaling rent of one month for the first year only. The Developer shall construct and offer the permanent alternate accommodation to the existing tenants within a period of 48 months from the date of Commencement Certificate (C.C.) subject to Force Majuere clause (such as stay of the court, lock outs, strikes, wars, shortages of material, change in Government Policies etc.). If construction goes beyond 48 months then the Developer shall pay rent for the period after completion of 48 months from the date of handing over vacant possession of last room for demolition by all the tenants, if required in case development work is not complete, at the 20% enhanced rate on the rent of first 36 months till the possession and for each period of further 12 months rent shall be paid at the 20% enhanced rate as compared to immediate earlier period of payment of rent. However it is specifically agreed between the parties hereto that during the period of Force Majuere, the Developer will not be liable to pay rent at enhanced rate. The Developer shall also pay shifting charges of Rs._______/- for shifting to transit accommodation at the time of vacating the existing tenanted premises and Rs._____/- at the time of taking possession of new premises i.e. permanent accommodation from transit accommodation. The Tenant / occupant shall give vacant possession of existing tenanted premises to the Developers only after confirming that the carpet area of his/her New Rehab Premises in the sanctioned Plan is as agreed hereinabove. The carpet areas of the flat of Tenant / Occupant, amenities and the financial commitments appearing in this agreement are the essence of this Individual Agreement. 11. It is mutually agreed between the Developer and the Tenant that that the Developers will pay an amount of Rs. 2,00,000/- (Rupees Two Lac only) per tenant to the said registered Co-operative Housing Society to be formed by the Tenants/Occupants under the provision of the Maharashtra Co-operative Societies Act, 1960 and by way of Maintenance Fund / Corpus Fund. It is agreed by the Developers that the Corpus Fund so paid to the Society is exclusively for the use of existing Tenants / Occupants as mentioned in list annexed hereto as Annexure - B to enable them to pay the extra burden of various taxes that will be levied on the said Rehab Premises and said Tenants Society and maintenance charges, and that no one else other than the existing tenants/occupants shall have a right over the use and utility of the full amount of Maintenance/Corpus Fund and the interest gained thereon. The Developer shall pay in advance 50% of the corpus as agreed to the tenant by way of the security and remaining 50% of the corpus fund shall be paid by the Developer to the said Tenants Society within a period of 30 days from the date of Occupation Certificate and formation of Co-operative Housing Society, failing which the Developer is liable to pay to the Tenants Society interest at the rate of 12% p.a.12. If the Developer is shifting the tenant to the Rehab Building on part o.c in such an event the Developer shall bear all the outgoings up to the full c.c. The Dev expenses upto the stage of construction the tenant should not be held responsible for the same in any manner whasoever. 13. The Developers shall provide for the general benefit of the Tenants/ Occupants and/or the said Tenants Society the following further facilities :-

a.The Developers shall provide in the said Proposed Society Building free of costs on what is known as ownership basis with a provision of W.C. / Toilet with 1 computer, 1 printer, 50 chairs, the Society Office Room having carpet area as per MCGM rule if it is permissible free of FSI or not counted in fungible FSI.

b.The Developers shall provide Gymnasium of area permissible as per the requirement of law with all basic equipments only if Gymnasium is permissible by MCGM free of FSI or not counted in fungible FSI.c.The Developers shall provide to the said Tenants Society minimum two separate electric motor driven water pumps sets of adequate capacity along with two electric Starters in pump room plus provision for Borewell for adequate water supply. d. The Developer shall provide adequate space for the parking to the tenants/occupants.e.The said proposed Tenants society building will be provided with the facility of 2 lifts having capacity as per MCGM rules. The lifts shall be of OTIS Make or equivalent Make with down collecting system.

f.The Developers shall provide in upper floors parking spaces for use of Tenants/Occupants as per the provisions of law. The said parking spaces shall be allotted as per the rules framed by the Tenants Society. 14. To enable the Developer to carry out the development work on the said property the Tenant shall :-

(a)Hand over vacant and peaceful possession of the present old premises to the Developers in the aforesaid manner.

(b)The tenant shall pay all the arrears of rent upto the date of this Agreement and continue to pay the same till PAA is offered to them.

(c) The tenant agrees to become the member of the proposed Co-operative Society.

15. It is hereby agreed between the parties that, the Developer shall construct Sample Flat as per amenities agreed and shall communicate the Tenants Committee to take inspection of the same. 16. The Developer agrees to take steps with BMC authorities so that every Individual Tenant can receive separate Property Tax Bills regarding his individual flat/ premises.17. The Tenant doth hereby declare that he/she is in exclusive possession, use and occupation of the said existing old premises and apart from the Tenant no other person or persons are in possession, use or occupation of the said old premises or any part thereof and in the event of any third party or person claiming to have any right, title or interest of any nature whatsoever in the said premises the Tenant shall deal with the same at his/her own costs and expenses and keep the Developers indemnified there from.

18. The Developers shall carry out re-development of the said property at their own costs and expenses and strictly in accordance with the terms and conditions of this agreement and as per plans approved by the concerned authority with all the agreed fittings, fixtures, amenities and facilities set out in the list hereto annexed and marked in Second Schedule. 19. The Developers shall obtain from the Department concerned of the M.C.G.M the Part/Full Occupation Certificate in respect of the said Proposed Society Building within a period of 6 months from the date of completion of construction of such building in all respect. The Developers shall alone bear and pay all the fees, charges, taxes and other expenses as may be required to be paid for such Part and Full Occupation Certificate / Building completion Certificate in respect of the said Proposed Society Building and the Tenants/ Occupants shall not have any liability or responsibility in that behalf. 20. As soon as the Part / Full Occupation Certificate in respect of the said Proposed Society Building is received from the M.C.G.M, the Developers shall communicate in writing the receipt of the Part / Full Occupation Certificate to all Tenants / Occupants and the Managing Committee of the Said Proposed Society / Registered Co. Op. Hsg. Soc. The Developers shall also in the aforesaid written communication, request all the Tenants / Occupants to take delivery of possession of their respective Permanent Alternative Accommodations in the said Tenants Rehab Society Building within 15 days thereafter. The Developers shall clear all the dues before giving physical possession to the tenants / occupants of new premises. It is further agreed that if as per the requirement of MHADA if the possession of new Rehab flats are to be provided before obtaining Occupation Certificate then the Developer shall try to get Occupation Certificate as early as possible and till that time the Tenants/ Occupants are entitled to pay property taxes/ water taxes only at the normal rate as per the concessional rates applicable to the redevelopment of tenants building and water taxes / property taxes over and above said concessional rates and other taxes above such normal taxes shall be borne by the Developer.21. It is expressly agreed by the Developers that the tenant shall have charge on their respective tenanted premises and on the proposed new alternate permanent accommodation until they are put into the possession of the said Permanent Alternate Accommodation. The Developers hereby undertake to first hand over possession of the said permanent alternate accommodation to the tenant prior to putting any new Flat / Shop purchasers of their respective premises in possession in the new building. It is clarified that if the Developers serve on the Tenant personally letter offering the permanent alternate permanent accommodation and expiry of 15 (fifteen) days after service of such letter is sufficient compliance of this term.22. The Developers shall construct the new building as per sanctioned plan and shall obtain all the necessary permissions and consents from the appropriate authorities. The Developers shall be entitled to make changes, additions, alterations, amendments to the Building Plan subject to what is agreed hereinabove i.e. it should not affect the tenants area. The copy of the Floor Plan, Building plan and therafter sanction plan shall be furnished to the tenants/occupants by the Developer.23. It is agreed that the Developer shall pay and discharge all taxes and outgoings including Municipal Taxes and all other charges, rates, taxes of whatsoever nature that may be levied by any public authorities or bodies and Government in respect of the said property including the taxes that may become payable . which are levied for the period till possession is either handed over or offered to the Tenants in the aforesaid manner at any point of time whatsoever. All the aforesaid taxes shall be borne by the Developer alone irrespective when they are levied. After the tenant is offered the possession as aforesaid he/she will pay every month Municipal Taxes, Maintainance charges and other outgoings in respect of the aforesaid premises for the further period. Till such time all taxes, rates, charges and outgoings including LUC shall be borne and paid by the Developer alone. 24. It is agreed between the parties hereto that the demolished materials viz. Debris, tin sheets or A.C. Sheets, woods, door, windows etc. of the old structure in the occupation of the Tenant / Occupation shall vest in the Owner / Developers and the Owner / Developers shall be at liberty to use and utilize the same in any manner he like. 25. The terms and conditions of this agreement shall always remain in force not only upon the Occupier / Tenant but also upon the family members and all the person/s claiming through or under them or on their behalf and also on the Developer and all the persons claiming through or under him or on his behalf. 26. It is expressly agreed and understood between the parties hereto that the Tenants / Occupiers will have right only upon the area of the alternate permanent accommodation and Society of Tenants shall have right over the Open Spaces, 5 Parking Spaces etc. to be allotted to the Tenants Society and the Owner / Developer shall be entitled to dispose off the remaining premises / area except premises / open spaces / terrace / parking spaces to be allotted to Tenants and areas to be allotted to the Tenants Society on such terms and conditions as the Owner / Developers may deem fit and proper. It is clarified that unless and until all the tenants/occupants are offered possession of their respective PAA the Developer shall not create third party right in respect of the sale portion of the building.27. The Developer shall arrange to form a Co-operative Housing Society as per the Co-operative Societies Act, 1960 of all the Tenants of existing building at his costs, charges and expenses within a period of 4 months from the date of handing over possession of tenement in the new building to the tenants subject to tenants signing all the required papers for formation of the Co-operative Housing Society. 28. The tenant hereby agrees and consents to the Developer developing the said property under D.C.R. 33(7) and Tenant assures full co-operation to the Developer in developing the said property. The tenant agrees to allow the government or semi government authorities to inspect their premises for any purpose like measurement, final NOC from Mhada, for O.C. and also agrees to sign all necessary applications, undertakings, prescribed forms and such other documents as may be legally required by MHADA, BMC and the Developer from time to time.

29. The Developers shall offer the said permanent alternate accommodation in the new proposed building after completion of construction and finishing work to the Tenant after obtaining O.C./ Part O.C., if necessary by giving 15 days notice to the tenant and Tenant shall take its possession within 15 days of the receipt of the said notice after satisfaction of work done by the Developer. It is agreed that if the Tenant does not take the possession of the new premises within 15 days from the date of notice without any reasonable cause regarding area of flat, amenities, quality of construction etc. then on expiry of the 15 days it would be deemed that possession has been taken by the Tenants. 30. The Developer shall construct new proposed building of R.C.C. Construction with earthquake resistant design as per BMC guide lines and of good materials and of standard quality as per the specification and list of amenities as set out herein. 31. The Tenant will give full assistance and co-operation to the Developers, their agents, servants and contractors for the purpose of development of the new building on the said plot of land and not to create any hindrance, obstruction or impediment in the way of the Developers in the development of the said property. 32. It is expressly agreed that during pendency of the construction of the proposed new premises, and till the Developers put the tenants into possession of the new premises i.e. permanent accommodation the tenancy of the Tenant will continue and remain in subsistence notwithstanding he/she handing over of the premises for demolition and after the Tenant is handed over possession of the new permanent accommodation the tenancy rights shall ipso facto be converted into the ownership rights. The Developers shall provide said new premises to the Tenant/Occupant FREE OF COST as owner thereof and on ownership basis as contemplated under the provisions of Maharashtra Ownership Flats (Regulation of the promotion of Construction, Sale, Management and Transfer) Act, 1963 (Act XLV of 1963). Consequently upon delivery of possession to the said Tenant / Occupant of alternative permanent accommodation, the said permanent alternative accommodation shall belong to him/her on ownership basis. None of the Tenant / Occupant shall have any right, title, interest or claim or demand of any nature whatsoever in or with respect to the tenements in their respective use and occupation in the said existing old structures or temporary alternative accommodations provided to them or any other structures, new or old on the said property save and except the right in respect of his / her permanent alternative accommodation in the said Proposed Society Building and all the right, title, interest and / or claim of the Tenant / Occupant in the said old tenements and the said existing old structures and the temporary alternative accommodation will merge in the said permanent alternative accommodation provided in the said Proposed Society Building. 33. On or before taking the possession of the alternate permanent accommodation, the Tenant shall :- a) Co-operate with the Developers and sign all papers and documents as and when required for formation of a Co-operative Housing Society to which the said Tenants building after development is to be transferred and shall pay to the Developers a sum of Rs.100/- as the membership fee and Rs.650/- as share money for the purchase of the shares in the intended Co-operative Housing Society in respect of the said proposed building to be constructed as and when demanded by the Developer.

b) Surrender the tenancy rights in respect of the present tenanted premises to the Developer simultaneously at the time of receiving possession of new flat / shop on ownership basis.

34. The Tenant agrees that the Tenant shall abide by all rules, bye-laws and regulations of the Government, Municipal Corporation of Greater Mumbai and other authorities from time to time and also of the Co-operative Housing Society that may be formed and also attend, answer and be responsible for all the notices or violations of any condition of the bye-laws set out by the Government. The Tenant doth hereby agree and undertake to sign all such papers, documents and other things that the Developers may be reasonably required to do from time to time for the purpose of development of the said property. 35. The Developer shall be fully entitled to construct building or buildings upon the said plot of land by utilizing the available F.S.I. or T.D.R. secured from any other properties as per the rules and regulations. The rights of the Tenant are strictly limited to the tenement herein pertaining only to the new premises by way of permanent alternate accommodation agreed to be allotted herein and open space, parking spaces allotted to them and amenities to be allotted to the Tenants and their Society. The entire development of the plot of the land shall be carried out by the Developer entirely at his own discretion without any interference or disturbance by the Tenant or anyone on their behalf in the manner the Developers deem fit and proper however subject to all the terms and conditions of this Agreement. The Developer is exclusively entitled for all the benefits present and future arising from the said property or its amalgamation with adjacent properties and is authorized to sell balance F.S.I., T.D.R. Flats, Shops, Garages, other premises etc. and other benefits as he may think fit and proper to any person or persons. The Developers are entitled for the balance area/T.D.R./F.S.I. and all other benefits arising out of the property after giving the area to the Tenant and can construct and sell the balance area and all other benefit in the open market in any manner the Developers shall deem fit and proper and take all considerations for his own benefits and the Tenant will not claim any right/interest on the same of any nature. The Tenant agrees and confirms that the Developer is entitled to all the benefits, rights and advantages attached to and belonging to the said property including right to sell, transfer and alienate T.D.R. of the said property, building and/or units, building to be constructed on saleable part of the land in the open market and for such consideration and terms and conditions as the Developers may deem fit and proper and appropriate the deposits, consideration and price received for his own use and benefits. 36. It is specifically agreed between the parties that if IOD is not obtained within 12 months from the date of this Agreement then the Tenants can renegotiate with the developer for the rent and corpus fund.

37. It is further clarified that any changes in the applicable provisions of law regarding redevelopment upto the completion of Plinth level shall be made applicable to the present redevelopment and the benefit of the same shall be given to the Tenants as per MCGM rule.

38. The allotment of the permanent alternative accommodation in the said Proposed Society Building will be made by tenants committee with consent of all the Tenants amicably within 30 days from the date of Commencement Certificate. If it is not done amicably, it will be made by Developer as per plan adjustment and no tenant will object the same.39. The Developers agree that within a period of 3 years as per MOFA Act from the date of handing over the flats to the Tenants/Occupants if the Tenants/Occupants bring to the notice of the Developers any defects in civil work in the flat or the building in which the flat is situated then said defects shall be rectified by the Developers within a period of 3 month from the date on which Tenant brings to the notice of Developer such defects in civil work by sending written notice by R.P.A.D. to Developers.

40. If is further agreed that the Tenants/Occupants shall not make any changes or alteration to the flat allotted to the Tenants/Occupants by the Developer / Society. In case of any modifications made by the Tenants/Occupants and due to such modification any defect occurs then the Developers shall not be responsible regarding the defects in the building only arising out of the said defect during the defect liability time period.41. It is further agreed that the Tenants/Occupants of Society shall not make any structural and architectural changes in the new premises.42. It is agreed that all expenses for installation of new electric meters for each of the tenements in the said Tenants Rehab Building including the amount of deposits to be paid to the Company supplying the electricity, shall be borne and paid by the Developers alone. 43. The Developer hereby agrees and confirms that Developer shall not be entitled to create any third party rights and / or encumbrances on the said Permanent Alternate Accommodation to be provided to the Tenants as more particularly described hereinabove and land and building to be allotted to the Society of Tenants.44. The stamp duty and registration charges of this agreement for permanent alternate accommodation and conveyance to be executed in favour of Society and other documents, if any shall be borne and paid by the Developer. The Developer and the Tenant and / or Society shall present this agreement for permanent alternate accommodation, as well as conveyance and other documents at the proper registration office for registration within time limit prescribed by Registration Act and the Developer / Individual Tenant/Managing Committee Members of Society, Promoter shall attend such office and admit execution thereof. It is further agreed that the Tenant shall simultaneously at the time of execution of this Agreement execute necessary irrevocable consent in favour of the Developer. It is further agreed that this Agreement or if required a fresh Agreement containing same terms and condition will be executed and registered. 45. The Developers shall get the Society registered within the time limit prescribed by Rule 8 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Rules, 1964 as required by section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and in any case the Developers shall register the Society within maximum period of 4 months from the date of handing over possession to the Tenants of new Rehab premises and shall pay all charges thereof for registration of the same.46. The Tenant hereby agree, undertake and covenant with the Owner /Developer that the Tenant shall:-(a) not sell, transfer, dispose off, sub-let and assign his /her rights, title and interest in respect of the existing premises without prior written permission of the Owner / Developer and the same shall done only in accordance with the provisions of the Maharashtra Rent Control Act;

(b) not do execute, enter into any transaction, agreement, understanding, commitment etc. in respect of the existing premises or any part thereof and the same shall be done only in accordance with the provisions of the Maharashtra Rent Control Act;

(c) not to do execute or cause to be done or executed any act, deed, matter or thing whereby the said property or any part thereof or the Owners /Developers rights, title, interest, entitlements etc. are in any way affected or jeopardized subject to the Developer complying with all the terms and conditions of this Agreement and that he is not committing breach of any of the terms and conditions of this Agreement;

(d) not do or execute or cause to be done or executed any act, deed, matter or thing which is contrary to any of the terms, conditions, covenants, obligations as contained in this Agreement;

(e) not do or execute or cause to be done or executed anything, which can cause nuisance, annoyance or disturbance in the redevelopment of the said property and/or construction of the buildings thereon and /or to Owner/ Developer and/or to the Occupier of the premises in the new building subject to Developer complying with the terms and conditions of this Agreement.

(f) not in any way damage the top terrace, common partition walls, common amenities, ceiling, beam, compound war and/or pillars of the new building and/or new premises;

(g) not do or execute or permit or cause to be done or executed in the new premises or the new building any act by reason whereof its insurance may become void or voidable or cause and increasing the premium payable in respect thereof;

(h) not use or permit the new premises to be used in any manner or permit to be done thereon anything, which is illegal or immoral;

(i) not to interfere and/or disturb the demolition of the existing structures and construction of new buildings on the said property subject to Developer complying with the terms and conditions of this Agreement;(j) observe, perform and comply with all the terms, conditions, covenants, obligations as contained in this Agreement subject to Developer complying with the terms and conditions of this Agreement;

(k) extend all co-operation and sign all papers and applications, which may be necessary or desire by the Owner/ Developer for implementation of these present and/or for demolition of the existing structure including the existing premises, redevelopment of the said property and construction of the new building thereon subject to Developer complying with all the terms and conditions of this Agreement;(l) maintain at his own costs the new premises from the date on which the possession of the new premises is offered, in a good and tenable state of repair and condition and shall not do or suffer to be done or to the new building or any part or portion thereof anything, which may be against any loss, rules, regulations or bye-laws framed by Government, the M.C.G.M. or any other local/public/ body /authority, nor shall the tenant change, alter or make any structural additions or alterations on, in or the new premises, the new building or any part or portion thereof without the necessary permission under the law for the time being in force;

47. It is agreed that at any time hereafter if any objection and /or claim is made or receive, and/or any proceedings in filed against or in respect of the existing tenanted premises and/or new premises or any part thereof the Tenant shall at his own costs, charges and expenses and risk remove clear and settle such objections and/or claims and/or proceedings.

48. This Agreement is subject to provisions of Maharashtra Ownership of Flat (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and Rules, framed thereunder.

49. It is agreed that all legal costs, the charges of formation and registration of the society, security deposit for use of common electric meter and common water meter, stamp duty, registration charges, notary charges on this present as also on all the other documents required in interest of the said permanent alternate accommodation including conveyance / lease in favour of the Society comprising Rehab Society of Tenants to be formed shall be borne and paid by the Developers alone without recourse to the Tenant and / or to the Tenants Society. 50. The Developers shall furnish to all the Tenants all the documents as contemplated under the provisions of Maharashtra Flat Ownership Act such as MHADA NOC, IOD, Sanction Plan, Commencement Certificate and O.C etc.

51. The Developers hereby agree that if any injury is caused to (i) any of the workmen or laborers employed in the work of redevelopment of the said property in the course of work of redevelopment, or to (ii) any other person/persons, the Developers alone shall be liable and responsible to compensate such workmen / laborers or any other person / persons for the loss or injury caused to any such person / persons. The Tenants/Occupants shall not incur any liability whatsoever in that behalf.52. The Proposed Society of the Tenants shall have right to appoint their own Consulting Architect and Site Supervisor to supervise the construction work during the process of construction of the Tenants Rehab Building. The defects notified and reported by the Society-appointed Architect/Site supervisor, shall be attended to and shall be rectified by the Developers, if feasible without any delay. The Developer shall not have any objection for the appointment and functioning of Society-appointed Consulting Architect / Site supervisor. The Committee Members of the Society of Tenant / Occupant shall have power to inspect the said construction from time to time. However all the expenses of the Consulting Architect and Site Supervisor will be paid by tenants only.53. If for any reason the Developers assign their rights to some other person / Organization / Company / Firm / Association of Persons after execution of this Individual Agreement, such purchaser shall abide by the terms and conditions of this agreement and any further agreements, if any, entered into with the Tenants and Tenants Society of the said building and the terms and conditions of all such Agreements including present Agreement shall be binding on such purchaser. 54. Any letter, notice, intimation communication required to be given to the Tenant shall be deemed to have been delivered and/or served upon the Tenant if the same is sent to the Tenant at the below mentioned address by registered A.D. Post and under Certificate of Posting.

Name :- ________________________________

Address:-

_______________________________________

_______________________________________

_______________________________________If there is any change in the address the Tenant by R.P.A.D. shall communicate the same to the Developer within 7 days from such change and then the Developer shall send notices, intimation etc. on said address. 55. All notices to be served on the Owner/Developer in connection with this Agreement shall be deemed to have been duly served on the Owner/Developer, if sent to the Owner/Developer by R.P.A.D. at the following address:Name : - M/S. JAYANT CONSTRUCTIONS

Address: - 1/1A, Ground Floor,

Radha Niwas, 10/12 Navroji Seth Street, Thakurdwar, Mumbai- 400 002

If there is any change in the address the Tenant by R.P.A.D. shall communicate the same to the Developer within 7 days from such change and then the Developer shall send notices, intimation etc. on said address.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands and seals the day and year first hereinabove written.

THE FIRST SCHEDULE HEREINABOVE REFERRED TO

ALL THAT piece and parcel of land lying, being and situate at 13, Sadashiv Lane, Cross Lane, Girgaum, Mumbai- 400 004 with the building standing thereon known as Kshatriya Bhawan comprising of an area admeasuring 597 square yards or thereabouts equivalent to 499.35 square meters or thereabouts bearing Cadastral Survey No.487 of Girgaum Division and Laughtons Survey No.7820, Collectors New No.2581 assessed by the Municipal Collector and the Assessor under Ward No. D-950 in the City and Registration Sub-District of Mumbai and bounded as follows, i.e. to say :-

On or towards the EAST: By Cadastral Survey Nos.

468 and 467.

On or towards the WEST: By Sadashiv Street.

On or towards the NORTH: By Mani Bhavan bearing

Cadastral Survey No.488.

On or towards the SOUTH: By Cadastral Survey Nos.

466 and 486.

AND ALL THAT piece and parcel of land lying, being and situate at 32, Kakadwadi, V.P. Road, Mumbai- 400 004 with the building standing thereon known as Ratan Niwas, formerly in the Registration sub-district of Bombay in the Island of Bombay and now in the Registration sub-district and District Bombay City and Bombay Suburban containing by admeasurements 328 sq. yards i.e. 274.24 sq. mtrs or thereabout according to C.S. Register and Registered in the books of the Collector of Land Revenue under Old No. 93 New No. 801 Survey No. 531 New Survey No. 7828 and bearing Cadastral Survey No. 467 of the Girgaon Division and in the Books of the Collector of Municipal Rates and Taxes under D-ward No. 959 and street No. 32 and 32 A and bounded as follows i.e. to say:

On or towards the East: By the Kakadwadi Road On or towards the West: By C. S. No. 487 On or towards the South: By C. S. No. 466On or towards the North: By C. S. No. 468

THE SECOND SCHEDULE HEREINABOVE REFERRED TOTHE LIST OF AMENITIES TO BE PROVIDED IN THE BUILDING :

1.STRUCTURE :-

The proposed building will be multistoried building. The superstructure will be in Reinforced Cement Concrete i.e. R.C.C. Frame structure with earthquake resistant design and height of Room will be 9-0 clear & height of shop will be 3- 9 meter including slab.

2.FLOORING :-

All rooms will be paved with porcelino tiles with skirting of 4. Bathrooms will have Kota stone flooring and dado of designer tiles upto 6-0 height in Bath and in W.C. will have flooring of spartex and dado tiles upto 3.0 height separate bathroom and W.C shall be provided.3.DOORS :-

a)MAIN ENTRANCE DOOR :-

The Main entrance door to each flat shall be of 4 x 2.5 C.P. Teakwood frames with solid core single shutter flush door. Door shall be finished both side by sunmica. It will also be fitted with number plate, night latch, magic eye, door chain letter silt, fancy handle.

b)The internal doors shall be of marble frame with commercial ply single shutter, flush door and shall be oil painted on both sides. c)TOILET DOORS :-

The toilet doors shall be of marble frame and syntax type single shutter door.

4.WINDOWS :-

All windows will be Sliding Aluminum types in Marble Frame.

5.KITCHEN :-

Cooking platform will be in Green marble stone size 7.00 x 2.2 in height provided dado with glazed tiles above platform upto 2.00 height and will have steel sink.

6.ELECTRICAL INSTALLATIONS :-

Concealed type wiring in copper wires shall be provided.

a) Living RM- 1 Light pts, 1 Fan Pt., 1 Plug pt., 1 T.V. pt., 1 Tel pt., 1 Bell point.

b) Kitchen- 1 Light pts., 1 Fan pt., 1 Freeze pt.

c) Bed RM- 1 Light pts., 1 Fan pt., 1 Plug point.

d) Bath RM- 1 Light Pt., 1 Power pt.

e) W.C.- 1 Light pt.

f) Single Plug point will be given on each distribution Board of each room.

g) 32 AMPS. D.P. Switch will be provided with necessary Fuses as per rooms for distribution purpose on Main Boards. h) Common lobbies or Staircase area- 1 Light pt. on each floor.

i) Adequate light points for lifts, Terrace, Courtyard, compound gate, etc. shall be provided.

7.PLUMBING :-

a) Concealed Plumbing lines in bath, W.C.s., Kitchen with standard fittings shall be provided.

b) Bath room- 1 Mixer unit, 1 Shower, 1 Gyser, 1 washbasin.

c) W.C.- Indian W.C. pan and concealed flush valve.

8.PAINTING :-

External surface will be painted with 1 coat cement paid and 2 coats of Tex paint (water resistant). All internal surfaces will be painted in Lime wash.

9.COMMON FACILITIES :-

a) Two Lifts of reputed manufacturer shall be provided in the building.

b) R.C.C. loft finished with I.P.S. and cement Ghottai shall be provided at 6-6 height over Bathrooms.

c) Two water Pumps (Kirloskar Co.) of adequate sizes will be provided to under ground tank.

d) Under ground and over headwater Tank of required capacity as per B.M.C. rules.

e) Compound Wall with possible tree planting.

f) Common Toilet.

g) Decorative Entrance Lobby. h) Meter Room.

i) The terrace of the building will be finished by china mosaic tiles.

j) The parapet wall will be of 3.3 in height from the finish level of terrace.

k)Rain Water harvesting will be provided as per MCGM rules.

SIGNED AND DELIVERED BY

]

The withinnamed

]

M/S. JAYANT CONSTRUCTIONS

]

The Developers through its Proprietor]

In the presence of

]

SIGNED SEALED AND DELIVERED BY]

The withinnamed TENANT

]

__________________________________]

In the presence of

]1

2

3

1

2

3

4

_____________

??

___________________

4

????

( Pg 52 to Pg 57 )

each

__________________

____________________

xxxxx

____________--

_____________

__________________

____________________

_____________________

___________________-

________________

________________

__________________-

____________________

_____________

___________________

________________

__________________

____________________

___________________

___________

????

___________________

Contrary to earlier statement

________________________-

___________________-

Whatsoever

Running Condition

Please define

Bear available

present

__________________________

New clause

Separate Old letter

And make available copy of certificate

Each

Where present tenant will sale to outsider

( Five )

____________________

Balance how much remain

Otherwise, other Tenants, terms & Conditions is Void and this agreement , statement became Null & Void

Required no. of

For that Developer shall rectify said O/s. work In no case, it can be refer to court of Law. But it has to amicably resolved by Arbitratioin under Arbitration Act 19__________-

X Socitey

Who Belongs to Hindu School of Law exept for Illegal action

Present

Present where it is with Room / Shop No.

@ his resident or office

____________________