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(1) Thereof, Held the Said Land to Be Beyond the Scope of the Provisions Thereof

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(1) Thereof, Held the Said Land to Be Beyond the Scope of the Provisions Thereof 1 AGREEMENT This AGREEMENT is executed here at Pune on this ____ day of _____________________ month of the year, 2017, between EXPAT PROPERTIES (INDIA) LIMITED, a company incorporated and registered under the provisions of the Companies Act, 1956, having its office at 32, Bandal Dhankude Plaza, Bhusari Colony, Kothrud, Pune : 411 038, and registered office at Office-2nd Floor, "Sobha Pearl" No.1, Commissariat Road, Bangalore - 560025, represented by its duly authorized signatory MR. ARVIND J. GOWDA, age - Major, …hereinafter called as the “DEVELOPER”, which expression shall include its plural, and unless repugnant to the context or meaning thereof, mean and include their successors, administrators and assigns,, ...of the FIRST PART, and Full name (capital) Age/ occ PAN/ Aadhaar Residing at Mobile/ e-mail Full name (capital) Age/ occ PAN/ Aadhaar Residing at Mobile/ e-mail 2 …hereinafter called as the “ALLOTEE/ PURCHASER”, which expression shall, unless repugnant to the context or meaning thereof, mean and include its plural (if any) and his/ her/ their respective heirs, successors, survivors, executors, administrators and assigns, …of the SECOND PART, and [1] RAM WAMAN SHEDGE, aged about 70 years, occ: retired, residing at 1183-B,Sadashiv Peth, Off Perugate Road, Pune 411030 [2] ANANT MANOHAR SURU, aged about 66 years, occ: retired, residing at - 9, Suyog , Purandharewadi, Gokhale road [N],Dadar, Munbai-400028. [3] GOPAL VITTHAL KULKARNI, aged about 64 years, occ: retired, residing at 8-Aishwarya Apartments, Someshwar Part, Pashan, Pune: 411 008, [4] HAJIMIYA MUBARAK SHAIKH, aged about 64 years, occ: retired, residing at Madhu Milan Complex, B- 6,NIBM Road, Kondwa, Pune:411048. [5] SURESH PANDURANG GHODKE, aged about 55 years, occ: service, residing at C-9/5, Rakshak Lekha Society, Koregaon Park, Pune:411001, [6] VASANT KRISHNAJI NULKAR, aged about 71 years, occ: retired, residing at , 853, Sadashiv Peth, Pune 411002. [7][a] SADANANDMADANMOHAN DISA, aged about 41 years, occ: service, residing at flat No. 10, Basavraj Apartments, Bhusari colony, Pune: 411038, [b] PARMANANDMADANMOHAN DISA, aged about 39 years, occ: service, residing at Nanadvan Complex Housing So. Ltd., Gadia Estate, behind Hotel Grace, Pune, [c] ANURADHAPRASANNA WAGHOLIKAR, aged about 43 years, occ: housewife, residing at A- 15, Guru Ganesh Nagar, Phase-2, Kothrud Pune: 411038, [8] DATTATRAY VASUDEO JOSHI, aged about 57 years, occ: service, residing at 121, St. Patrick’s Town, Hadapsar, Pune:411013. [9] NANDKUMAR DATTATRAYA KAKADE, aged about 67 years, occ: retired, residing at Shantigruharachana Sanstha Maryadit, second floor, Block no.-6, Survey no. 14, Sinhagad road, Pune 411051. [10] DAMODAR KASHINATH SONGARE, aged about 57 years, occ: 3 service, residing at 101, Ramoshiwadi, DP 265, Gokhal e Nagar, Pune: 411016. [11] [a] SHRIKRISHNAGORAKH JADHAV, aged about 20 years, occ: service, residing at Jijamata Nagar,290 New Khadki Yerwada, [b] SIDDESHWARGORAKH JADHAV, aged about 24 years, occ: service, residing at Jijamata Nagar,290 New Khadki Yerwada [c] ASHOKGORAKH JADHAV, aged about 21 years, occ: service, residing at Jijamata Nagar, 290 New Khadki Yerwada, Pune …hereinafter called as the “OWNERS”, which expression shall, unless repugnant to the context or meaning thereof, mean and include their respective heirs, successors, executors, administrators and assigns, ...of the THIRD PART, and M/s. KAKADE ASSOCIATES UNIT V,a registered partnership firm having its office at Nishat Theatre, 1011/12, New Nana Peth, Pune: 411 002, through its partner ANIL BALASAHEB KAKADE, aged about 47 years, occ: business, residing at 1011/12, New Nana Peth, Pune: 411 002, …hereinafter called as the “CONFIRMING PARTY”, which expression shall include its plural, and unless repugnant to the context or meaning thereof, mean and include its partners, their respective heirs, successors, executors, administrators and assigns, ...of the FOURTH PART, W H E R E A S, a. all those portions bearing Survey No.123, Hissa No.1/2 admeasuring “Hectare 1.83 Are” and Survey No.123, Hissa No.1/3 admeasuring “Hectare 1.80 Are”, situate at village Wadmukhwadi (previously in village Charholi Budruk, bearing Survey No.731, of Taluka Haveli, District Pune, within the limits of the Municipal Corporation of Pimpri Chinchwad, more particularly described in SCHEDULE.I written herein (hereinafter collectively referred to as the said “LAND”) were 4 purchased by the Owners herein, from their previous owners Ghansyam Kashinath Gokhale, Shriram Kashinath Gokhale, Vishwanath Jannath Gokhale, Mukund Jagannath Gokhale, by (i) the deed of sale dated 05.09.1984, (ii) the deed of sale dated 17.04.1985, as is mentioned in mutation entry Nos.9675, and 9676, both dated 25.09.1986, effected to the record of rights thereof, b. the Owners (i) initially by a development agreement and a power of attorney, both dated 05.12.2006, registered in the office of the Sub. Registrar, Haveli No.11 at serial Nos.9539 and 9540 respectively, followed by an instrument of confirmation and a power of attorney, both dated 16.01.2007, registered in the office of the Sub. Registrar, Haveli No.11 at serial No.469/ 2007 and No.470/ 2007 respectively, executed by heirs of deceased Madanmohan Govardhandas Dissa, and a deed of confirmation and a power of attorney both dated 12.01.2007 registered in the office of the Sub.Registrar, Haveli No.11 at serial No.395/ 2007 and No.396/ 2007 respectively executed by Ashok Gorakh Jadhav, a heir of deceased Gorakh Limbaji Jadhav and Laxmi Gorakh Jadhav, and (ii) thereafter together with the Confirming Party, by development agreement and the power of attorney, both dated 24.05.2007, registered in the office of the Sub.Registrar, Haveli No.20 at serial Nos.4906/ 2007 and 4907/ 2007 respectively (hereinafter referred to as the said “INSTRUMENTS OF DEVELOPMENT”), granted exclusive development rights relating to the said Land to the Developer herein, in consideration of the Developer constructing residential blocks for the Owners and the Confirming Party, as particularly enumerated in the said Instruments of Development, c. in the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 [now repealed by the Urban Land (Ceiling and Regulation) Repeal Act,1999, adopted by the Legislative Assembly and Legislative Council of the State of Maharashtra, vide resolution dated 01.12.2007 published in MGG (Extra-ordinary) dated 5 05.12.2007], the Competent Authority, Pune Urban Agglomeration, Pune by its Order dated 30.09.1998 passed in Case No.1630/ SH under Section 8 (1) thereof, held the said Land to be beyond the scope of the provisions thereof, d. the Developer/ Developer thus, is entitled to develop the said Land, construct multi-storey building/s thereon and to dispose of the same by sale or otherwise transfer to the intending purchasers/ allottees and to receive, collect and appropriate the returns thereof from them, a. statutory compliances pertaining to the development of the said Land are as enumerated below: RERA No._____________, dated _______ under section 3(1) r/w section 5 of the Real Estate (Regulation and Development) Act,2016 (“RERA” hereinafter) r/w Rule 6 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017 (“RULES” hereinafter) with the Real Estate Regulating Authority, Maharashtra (“MAHA RERA” hereinafter), a copy whereof is appended hereto. Construction the Municipal Corporation of Pimpri Chinchwad sanctioned the plans for construction of various buildings on the said Land on recommendation issued by the Deputy Director, Town Planning, Pune by his letter dated 05.09.2007 bearing No.NRV/ Kavi / 2A-1/ 69-07, vide commencement certificate No. .B.P. / Wadmukhwadi/2/2008 dated 03/07/2008, a copy whereof is 6 appended hereto. Land use e. the Collector/ Additional Collector, Pune, bearing No PMH/NA/542/2007 dated 21/11/2008 under section 44 of the Maharashtra Land Revenue Code, 1966, a copy whereof is appended hereto. Environment Environmental Clearance No.21- 1124/2007/1A/III/TC1 dated 5/05/2009 issued under the provisions of the Environment (Protection) Act, 1986 and the Rules framed there under, a copy whereof is appended hereto. Separate Project Presently at ____________________ bank Account Separate Project Presently at ____________________ bank Maintenance Account b. the following professional consultants have been appointed by the Developer/ Developer for the ownership project on the said Land: Architect Name LAXMAN THITTE Address: Site Park Building, 18, Shivaji Nagar, Opp. Shivaji Nagar S. T. Stand, Pune-411005. Registered with the Council of Architecture who has/ have dawn the plans for construction of the building/s on the said Land, a copy of the appointment letter and acceptance whereof is appended hereto. RCC/ Structural Name G. A. BHILLERE Engineer Address: GauriNadan, Plot No. 13, Shanti Sheela, Near FTII, Law college Road, Erandawane, Pune -411004 Maharashtra. who has/ have drawn the plans of structural design of the building/s on the said Plot, a copy of the appointment letter and acceptance whereof is 7 appended hereto. Chartered Name Nagendran & Co. Accountant Address No. 8, 1st floor, 9th Cross, Near Agadi Hospital, Wilson Garden, Banglore -560027, KARNATAKA, INDIA. Registered with the Institute of Chartered Accountants of India under the Chartered Accountant Act,1949, a copy of the appointment letter and acceptance whereof is appended
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