AGREEMENT

This Agreement (say collaboration agreement) is made at New Delhi

on this day of 2023, between; MR.
HARMOHINDER SINGH OBEROI, Aadhar Number
And Pan Number son of Late Sardar Darshan
Singh, resident of C-286, Defence Colony, New Delhi-110024,
hereinafter called the FIRST PARTY, which expression shall, unless it
be repugnant to the context or meaning thereof be deemed to made
and include him, his legal heirs, successors, legal representatives,
administrators, executors, transferee(s), beneficiary(ies), legatee(s),
probatee(s), nominees and assignee(s) ) of the FIRST PART;

AND

MR. AMARJEET SINGH, Aadhar Number And Pan Number

son of Mr. Nanak Singh, resident of D-9,
Lajpat Nagar-III, New Delhi-110024, hereinafter referred to as the
SECOND PARTY, which expression shall, unless it be repugnant to
the context or meaning thereof be deemed to made and include him,
his legal heirs, successors, legal representatives, administrators,
executors, transferee(s), beneficiary(ies), legatee(s), probatee(s),
nominees and assignee(s) of the OTHER PART;

The expression of the terms FIRST PARTY and the SECOND PARTY
shall always mean and include them, their respective legal heirs,
successors, legal representatives, administrators, executors,
nominees and assignees.

PREAMBLE OF PROPERTY

WHEREAS the leasehold rights in perpetuity in respect of the Plot of

Land bearing No. 286, in Block 'C' admeasuring 325 square yards, in
the residential colony known as Defence Colony, New Delhi
(hereinafter collectively referred to as the “SAID PLOT OF LAND”),
was allotted to Sardar Darshan Singh (Ex. Flt. Lt. Darshan Singh), son
of Sardar Jwala Singh, vide Ninety Nine Years Lease subject to
revision of rent after a period of Twenty Years, on 18.05.1957 by the
President of India through the Land and Development Office, Nirman
Bhawan, New Delhi, duly registered as Document No. 375, in
Additional Book No. I, Volume No. 02, on Pages 99 to 101 also pasted
in Additional Book No. I, Volume No. 25, on 06.07.1957, in the office
of the Sub-Registrar, New Delhi.

AND WHEREAS thereafter the President of India has also executed a

Perpetual Lease Deed, dated 12.02.1975, in respect of the said plot of
land in favour of Sardar Darshan Singh, which was duly registered as
Document No. 1896, in Additional Book No. I, Volume No. 3516, on
Pages 91 to 93, on 17.05.1975, in the office of the Sub-Registrar, New
Delhi.

AND WHEREAS the said plot of land is bounded as under;

East : Plot No. C-287

West : Main Road
North: Service Lane
South : Road

AND WHEREAS thereafter purchasing the said plot of land, the said
Sardar Darshan Singh, at his own cost and out of his personal
earnings after obtaining the necessary approvals and sanction from
the Municipal Corporation of Delhi, vide their File No. 233(B), dated
12.03.1962, constructed a residential building, fitted with all
amenities such as water, electricity and sanitary connections on the
said plot of land. (The said plot of land along with super-structure
standing thereon is hereinafter collectively referred to as the “SAID
PROPERTY” and / or “SAID PLOT OF LAND”), which expression
shall include all improvements, additions and alterations
subsequently and therein or thereto as well as all fixtures and fittings
contained therein and the benefit of all water, electricity, power and
sewerage connections therein and deposits related thereto).

AND WHEREAS thereafter the leasehold rights in the said plot of land
were converted into freehold in the name of the said Sardar Darshan
Singh, from the President of India, through the Land and
Development Office, Nirman Bhawan, New Delhi, by virtue of the
Conveyance Deed dated 02.01.1997, duly registered as Document
No.1332, in Additional Book No. I, Volume No. 1033, on Pages 07 to
10, on 10.02.1997, in the office of the Sub-Registrar, New Delhi.

AND WHEREAS thereafter the said Sardar Darshan Singh,

transferred the said property by way of Gift unto his son namely Mr.
 Harmohinder Singh Oberoi, son of Sardar Darshan Singh(the FIRST
PARTY herein),by virtue of the Gift Deed, duly registered as
Document No. 486, in Additional Book No. I, Volume No. 4618, on
Pages 87 to 97, on .01.2005, in the office of the Sub-Registrar, New
Delhi.

AND WHEREAS thereafter the said property was also duly mutated
in the name of the First Party herein, in the records of the Municipal
Corporation of Delhi, vide their File No. Tax/SR-II/2004/10, dated
20.01.2005.

AND WHEREAS the First Party hereby further assures, represents

and covenants with the Second Party as follows:

i) That the said property is free from all kinds of encumbrances

such as prior sale, gift, mortgage, disputes, litigation, acquisition,
requisition, attachment in the decree of any court, lien, court
injunction, notices, claims, demands, Will, Trust, Exchange, lease,
loan, surety, security, stay order, prior agreement to sell.

ii) That there is no order of attachment by the Income Tax

Authorities or any other authorities under law for the time being
in force or by any other authority nor any notice of acquisition or
requisition has been received in respect of the said property.

iii) That there is no legal impediment or bar whereby the First Party
can be prevented from selling transferring or entering into any
contract with any person or persons.

iv) That there is no notice of default or breach on the part of the

First Party or their assigns in interest of any provisions of law in
respect of the said property.
v) That the First Party are in exclusive possession of the said
property and no other person or party have any right, title,
interest or share therein.

vi) That there are no reservations affecting the said property and
the Said Property falls within the residential zone and there are
no impediments in carrying out construction thereon.

vii) The First Party undertakes that he will get No Dues Certificate
/NOC for the sale of the portions under sale to the Second Party
and shall ensure that there is no encumbrance of any kind on
the portions of the said Property under sale.

That in case any of the representations/ assurances made by the

First Party is found to be untrue and/or if the whole or any portion of
the said Second Party's Allocation (fully described below) is ever
taken away or goes out from the possession of the Second Party on
account of any legal defect in the First Party and title of the First
Party, then the First Party will be liable and responsible to make good
the loss suffered by the Second Party and shall keep the Second Party
saved harmless and indemnified against all such costs, damages,
losses, suffered by the Second Party, from their properties both
movable and immovable.

AND WHEREAS the First Party and the Second Party have arrived at
the following understanding for collaboration cum construction of
the property as more fully defined below. Hence this agreement has
been mutually entered and executed between the First Party and the
Second Party, on the terms and conditions, appearing hereinafter.

NOW THIS AGREEMENT WITNESSETH AS UNDER;

1. That the Subject matter of this Agreement between the parties

is;

(a) Sale and transfer of 32.5% undivided, indivisible and

impartible share in the ownership rights in the Said
plot of land measuring 325 Square yards, bearing No. C-
286, situated at Defence Colony, New Delhi, together with
rights of construction and sale inter-alia of the Second
Party's Allocation (more-fully detailed and described
below) and also
 (b) Construction of share /allocation of the First Party by the
Second Party as a Builder / contractor

2. That the Second Party shall construct and/or build the Second
Party's Allocation for and on behalf of himself as a purchasers
and also the remaining portions of the property being the
Allocation of the First Party for and on his behalf as a
contractor. Thus, a residential building consisting of Basement,
Stilt, Ground Floor, First Floor, Second Floor and Third Floor
with Terrace, shall be constructed on the Said Plot of Land,
after getting the building plans sanctioned from the authorities
concerned. The Second Party states that the estimated cost of
construction of the said new Building shall be from 5.50cr to
5.75cr (Five Crore Fifty Lakhs to Five Crore Seventy Five
Lakhs).

3. That the Second Party agrees to prepare building plans in

accordance with the building bye-laws as applicable on the Said
property duly approved /consent by the First Party. The
Second Party shall make his full efforts for obtaining
permission for the maximum area to be covered on the Said
Property. The total FAR sanctioned on the Said Plot of Land
shall be divided equally on all the four floors i.e. ground, first,
second and third floors. All the fees/ payment and expenses
incurred in the matter of sanctioning of plans and getting NOC
from the concerned authority will be borne by the Second
Party. Further, the preliminary design of super structure of the
building shall be provided by the Second Party and shall be
approved by the First Party before the commencement of the
work.

4. That the First Party shall authorise the Second Party or his
nominee vide Specific Power of Attorney, to apply for
necessary sanctions and permissions, approvals to the
authority or authorities concerned. The Second Party will
pursue in obtaining such or all other permissions, approvals as
may be necessary or required for ensuring the due execution of
the proposed work of development and construction of the
proposed building. The sale agreement of the Second Party's
Allocation or GPA shall be registered in the court of law only
after the Second Party hands over the physical vacant
possession with all fixtures and fittings of the First Party
allocation along with completion certificate and occupancy
certificate to the First Party at first complete in all respects
 being the essence of this agreement.

5. That in consideration for the First Party agreeing to transfer all

rights of ownership, possession (symbolic till completion of
construction as per this Agreement) and other rights of
whatsoever nature, subject to the terms of this Agreement, in
the 32.5% undivided ownership rights in the Said Plot of Land
and/or the Second Party’s Allocation, in favour of the Second
Party or his nominee(s) before, during or upon completion of
the construction, the Second Party has in consideration thereof,
agreed to pay a sum of … to the First Party as consideration and
also incur entire costs and expenses in construction of the
share/ allocation of the First Party .

6. (a) That The Second Party has paid a sum of ….to The First
Party in the following manner :

Amount Payment Number Dated Drawn on

Mode

Being the amount of TDS deducted and to be deposited by

the Second Party with the Income Tax Authorities in the
account of the First Party (representing 1% as required
under the relevant provisions of the Income Tax Act, 1961
and rules framed there under)
The receipt of which is hereby admitted and acknowledged by
the First Party.

(b) That the balance consideration of Rs.____ (Rupees _____ only)

(less TDS as applicable) (hereinafter referred to as the “2nd
Installment”) shall be paid by the Second Party to the First
Party, at the time of registration of the Sale Deed of the Second
Party allocation (mentioned here-in- below), by the 'First
Party' in favour of the 'Second Party' or his nominee(s) and
also handing over the complete peaceful, physical vacant
possession of the First Party Allocation(by The Second Party).
The said Sale Deed shall only be executed after the completion
certificate along with occupancy certificate of the newly
constructed building in the name of First Party is obtained by
the Second Party, and the physical vacant possession of the
First Party allocation is handed over to the First Party. The
 entire cost of registration shall be paid and borne solely by the
Second Party.

7. That the First Party in accordance with the terms and

conditions, herein recorded, within 4 (four) months from the
date of registration of this Agreement, shall place at the
complete disposal of the Second Party, the vacant physical
symbolic possession of the said plot of land for re-
construction/redevelopment of the new building and from the
date thereof, the symbolic possession of the said plot of land for
achieving the purposes envisaged under this Agreement shall
vest in the Second Party, with all the powers and authorities
of the First Party as may be considered necessary by the
Second Party including obtaining the requisite permissions,
sanctions from the concerned authorities for demolition/ re-
construction of the proposed new building. However, the said
possession of the said Plot of Land shall only be symbolic
possession, and the legal possession of the Second Party
Allocation shall only be handed over at the time of execution of
Sale Deed for the Second Party Allocation in favour of Second
Party or his nominee/s.

8. That the First Party and the Second Party shall have
proportionate rights in common facilities i.e. Diesel Genset and
Staircase for servant provided in the proposed building plan.

9. That the Second Party shall engage and employ the Architect or
Architects of repute at his own costs, expenses and
responsibilities for preparation, submission and obtaining
approvals for developing, promoting, constructing and
completing the said building on the Said Plot of Land after
getting approval of the First Party. The Second Party shall for
and on behalf of and in the name of the First Party apply to the
M.C.D. or such other authorities, as may be concerned, in the
matter of permissions, sanctions, and approvals for the
construction on the Said Plot of Land.

10. The First Party shall be allowed to engage and employ an

Architect and Civil Engineer at his own cost, expenses and
responsibilities to audit the structure, design, layout or quality
of the building, as per terms agreed in this Agreement. The
said Architect shall, after inspection on each date, raise the
defects/issues in writing to the Second Party, and the decision
of the said Architect shall be final. The Second Party undertakes
to rectify the defects/issues as raised by the said Architect
 immediately, to the satisfaction of the said Architect. In case the
Second Party fails to rectify the said defects, the Second Party
undertakes to pay to the First Party, damages, as quantified by
the said Architect.

11. That the entire cost required for carrying out the construction,
development, completion of the said building with all fixtures
and fittings & including the charges and fees of the architect for
preparation of the plans and all the other statutory and other
fees and/or demands as and if applicable shall be borne wholly
by the Second Party only.

12. That the quality of the construction of the proposed building

shall be of good standard with the approval of the First Party,
more fully described in Annexure `A' attached herewith.
13. That the Second Party shall obtain all the clearances / NOC
from the concerned authorities including Form 'C-1' and `C-2’
and completion cum occupancy certificate (also herein referred
as “Completion Certificate”) from M.C.D. in respect of the
newly constructed building, at its own cost.

14. The Second Party shall install CUMMINS CPCB4+ compliant

diesel generator set of …..KVA 3phase with Automatic On/off,
Automatic phase corrector panel. It should also have auto
charging system. The Second Party shall also install fully
automatic meter panel 6’x6’ and ACCL- automatic switchover
from electricity board to DG set supply and vise-versa. The
75% of power supply from the DG set shall be provided to The
First Party share and 25% of power supply from DG set will be
provided to The Second Party share. The Second Party shall
also give a Certificate from Cummins DG stating that this DG set
is according to the new norms set by the government in 2023.
The DG set shall be installed before handing over the
possession of new building to The First Party and the cost of
purchase along with installation cost shall be solely borne by
the Second Party.

15. That as stated above, the building shall be consisting of

Basement, Stilt, Ground Floor, First Floor, Second Floor and
Third Floor with Terrace. The portions falling to the share of
the parties in the newly constructed building shall be as under:

ALLOCATION OF THE FIRST PARTY (HEREIN REFERRED AS

“FIRST PARTY ALLOCATION”)

i) ENTIRE FIRST FLOOR;

ii) ENTIRE SECOND FLOOR;
iii) ENTIRE THIRD FLOOR;
iv) ENTIRE TERRACE RIGHTS OVER AND ABOVE THE ENTIRE
THIRD FLOOR;
v) 75% SHARE IN THE ENTIRE STILT AREA INCLUDING CAR
PARKING SPACES (MARKED IN PLAN ANNEXED)
vi) USE OF COMMON AREAS, FACILITIES AND SERVICES
vii) 67.5% UNDIVIDED, INDIVISIBLE AND IMPARTIBLE LAND
SHARE IN THE OWNER- SHIP RIGHTS IN THE PLOT OF LAND
MEASURING 325 SQUARE YARDS, BEARING NO. C-286,
SITUATED AT DEFENCE COLONY,
NEW DELHI;
ALLOCATION OF THE SECOND PARTY (HEREIN REFERRED AS
‘‘SECOND PARTY ALLOCATION’’

i) ENTIRE BASEMENT; EXCLUDING UNDERGROUND WATER

TANK AREA
ii) ENTIRE GROUND FLOOR
iii) 25% SHARE IN THE ENTIRE STILT AREA INCLUDING CAR
PARKING SPACES (MARKED IN PLAN ANNEXED)
iv) USE OF COMMON FACILITIES i.e. DG SET
v) 32.5% UNDIVIDED, INDIVISIBLE AND IMPARTIBLE LAND
SHARE IN THE OWNER- SHIP RIGHTS IN THE PLOT OF LAND
MEASURING 325 SQUARE YARDS, BEARING NO. C-286,
SITUATED AT DEFENCE COLONY,
NEW DELHI;

16. That Save and except the aforesaid portions i.e. the Allocation
of the Second Party, the Second Party shall have no right or
interest of any kind whatsoever in the remaining areas\
portions of the said property, except as specifically disclosed
herein.
17. That the First Party shall have the exclusive ownership and
usage rights of the Entire Terrace over and above the Entire
Third Floor of the Said Property, including rights of further
construction thereon, as per law, after obtaining all sanctions
from authorities concerned. However, in that event the
overhead water tanks and other facilities and amenities so
provided on the terrace to the other owners/ occupants of the
said building shall be shifted by the First Party on the newly
built top terrace at its own costs and expenses and shall ensure
that no damage is caused to the then existing structure of the
building and normal water supply is maintained.

18. That the Second Party shall install two separate lifts in the said
building i.e. First Lift (Schindler) with Automatic Rescue
Device Feature exclusively for the First Party which will be
shared by owners/occupants of the First Floor, Second Floor
and the Third Floor with Terrace and the maintenance cost of
the Lift as well as proportionate cost of electricity for its use
will be shared proportionately by the owners/occupants of the
First Floor, Second Floor and the Third Floor with Terrace. The
Second Party shall provide the Second Internal Duplex Lift
for the owners/occupants of the Ground Floor and Basement
(Second Party) and the maintenance cost of the Lift and cost of
electricity for its use will be paid by the owners/occupants of
the Ground Floor and Basement Only. The machine room of the
 Second Party lift should not occupy in the allocation of the First
Party.

19. That the First Party shall keep the Said Property free from all
sorts of encumbrances till the duration of complete
implementation of this agreement and thereafter in all respects
and do hereby keep the Second Party or his nominee/
nominees indemnified on all such accounts.

20. The First Party shall bear and pay all outstanding charges and
dues of whatsoever nature payable in respect of the said plot of
land as till the signing of the agreement and the Second Party
shall pay all the dues, damages or demands if any till the
handover of vacant physical possession of the building in all
respects duly fitted and furnished to the First Party. However,
the water and electricity charges during construction period
shall be paid and borne by the Second Party.

21. That the Second Party shall be entitled to book, allot, agree to
sell, transfer, sell, convey and assign its allocation to any
prospective buyer and to receive the sale proceeds in respect
thereof, in his respective name, only after the completion of the
construction of the proposed new building as per the terms
agreed between the parties herein, and after handing over the
vacant, peaceful possession of the First Party Allocation
(physical possession in all respects duly fitted with all the
fixtures and fittings as approved by the First Party )to the First
Party. Further the Second Party shall be fully entitled to enter
into any Agreement(s) for the sale/booking of his allocation in
the newly constructed building once sale deed has been
executed in the name of First Party and shall be entitled to
accept the payment in his name, through Cheque(s), Pay
Order(s), Demand Draft(s), NEFT(s), RTGS(s) etc. However it
has been agreed and confirmed between the First Party and the
Second Party that the Second Party shall handover the physical
vacant possession of Ground Floor with Basement as his
allocation to any prospective buyer(s) only after the Second
Party hands over the physical vacant possession with all
fixtures and fittings (complete in all respects) of the First Party
allocation along with completion certificate/occupancy
certificate to the First Party and after receiving NOC from the
First Party for execution of sale deed of the Second Party.

22. The First Party on the completion of the building and only after
getting completion certificate and occupancy certificate shall
 execute or join in the execution of all documents necessary for
giving the flat(s) /portion(s) buyers of Second Party's
allocation title to their respective flats/portions including their
legal undivided share in the land underneath, without asking
for any further payment. However, it is agreed that all the costs,
charges, stamp duty, taxes etc. for the said transfer shall be
paid by the Second Party or the respective buyer of the Second
Party Allocation, and the First Party shall have no liability in
this regard.

23. That the Second Party undertakes to complete the proposed

building within a period of 15 (Fifteen) months from the date
of the handing over the possession of the said property for the
commencement of the construction, subject to FORCE
MAJEURE [which includes act of God, epidemic, lock down due
to government orders] and further if delay is occasioned for
any reason of any act or legislation or restriction, prohibition
or restrained imposed by any Statutory Body and or
Governmental Authority, no liability shall attach neither to
Second Party nor First Party. But

24. That in case the Second Party fails to complete the building
within the said stipulated period i.e. Fifteen Months
(15months) then the Second Party shall be liable to pay a sum
of Rs 10, 00,000/- Per Month (Rupees Ten Lakh) to the First
Party as penalty for the delayed period. This amount shall also
be payable in the event the construction of the proposed new
building is stopped due to Force Majeure which includes act of
God, epidemic, pandemic like that of Covid 19, lockdown due to
government orders, pollution and related ban or if the
restriction is due to the fault/negligence of the Second Party
then he will be liable to indemnify the losses to the First Party
for the period of delay.

25. That The Second Party, without the express permission of the
First Party in writing, shall not assign to any Third Party, its
obligations under the present Agreement, including its
obligation as a contractor to construct the new building over
the said Plot of Land.
26. That the Second Party, without the express permission of the
First Party in writing, shall not create any Third Party interest,
title, mortgage, lien or any other interest in any share of the
said Plot of Land.
27. The Second Party shall be solely liable for any dispute or
litigation that arises out of his allocation (i.e. only Second Party
allocation) made by the Second Party from its allocated share
in the said property and Second Party is also responsible :

 For the litigation, if any, existing before the signing of this

agreement.

 And if the litigation is due to the Second Party

deficiency / negligence that he shall be liable to
indemnify the losses incurred by the First Party while
defending such cases.

 The First Party shall not be responsible or be a party to

any such dispute or litigation that may arise out of
Second Party allocation.

28. This agreement shall neither be deemed to constitute a

partnership between the parties hereto nor be deemed to
constitute anyone as the agent of the other.

29. The Second Party shall keep indemnified and hold harmless the
First Party against any losses or liabilities, cost(s) or claim(s),
action(s) or proceeding(s) or third party claim(s) including
neighbour(s) that may arise on account of any loss or damage
caused to any person or property due to hazard or accident
having occurred on the Plot of Land during the construction
under the said agreement. If the First Party is ordered to attend
a court or is requested to be represented by any authority in
this connection, the First Party will empower the Second Party
or its nominees/ agents to attend the court/ concerned
authorities on First Party's behalf and all the expenses and
losses including lawyers in this behalf shall be borne by the
Second Party. Furthermore, it is submitted that the Second
Party shall be solely responsible to compensate and indemnify
any person who has incurred any injury as a consequence of
any accident having occurred during the construction under
the said agreement, in accordance with the provisions of the
Workmen’s Compensation Act, 1923.

30. The Second Party shall, at all times, take every precaution
 against injuries to persons or damage to property and for the
safety of persons engaged in the performance of construction
under this Agreement. The Second Party shall establish and
maintain, at all times, safety procedures in connection with the
construction as required by the current Labour Laws
applicable in India and other regulations as applicable to the
said Plot of Land from time to time.

31. The Second Party shall be solely responsible to ensure that

construction under the said agreement is in accordance with
the laws, bye-laws, rules, regulations, orders, ordinances,
protocols, codes, guidelines, policies, notices, directions,
judgments, decrees or other requirements or official directive
of any Governmental Authority or Person acting under the
authority of any Governmental Authority and, or, of any
statutory authority in India, as are applicable to the said
property on the date the construction under the said
agreement is completed physical in all respects and the
possession thereof is handed over to the First Party. In case any
default or contravention of laws, bye-laws, rules, regulations,
orders, ordinances, protocols, codes, guidelines, policies,
notices, directions, judgments, decrees or other requirements
or official directive of any Governmental Authority or Person
acting under the authority of any Governmental Authority and,
or, of any statutory authority in India is notified to the First
Party by the abovementioned authorities, after the possession
thereof has been handed over to them, it shall be the sole
responsibility of the Second Party to make right any such
contraventions or default and to bear any fines or costs
imposed upon the first party as a result thereto, for a period of
five (05) years from the handing over of the possession of its
accommodation to the First party.

32. That the Second Party’s share in the Stilt in the said premises to
be used only for the purpose of Parking by the residents of
Ground Floor and Basement and no commercial activity
whatsoever shall be carried out by the second party in the Stilt
area.

33. That it is further agreed between the parties that the Second
Party or the owner of the Second Party Allocation undertake to
not park their car/bike/cycle or obstruct in any way the area of
the First Party in the stilt area or the ingress/egress to the area.

34. That it is further being agreed between the parties that the
 Basement in the said premises to be only used for its intended
purpose i.e. recreational activity and no commercial activity
whatsoever shall be done and the Second Party shall not
engage any person on his behalf to do any commercial activity
in the Basement of the said premises/building. That it is further
being agreed between the parties hereto that, if the second
party uses the Basement or Stilt for commercial purpose and if
same is objected or booked by the Municipal corporation of
Delhi or any other Local authority established under the rules
and regulations of the law of the land, then in that case, the
second party or the owner/occupant of the Ground Floor &
Basement shall be liable and obligated to rectify the said
objections and shall pay the charges, damages or any penalty
imposed by the M.C.D. or any other local authority of Delhi on
the said premises.

35. That it is further being agreed between the parties that after
the sale of the Second Party’s allocation (Ground floor and
Basement only) by the Second Party or in case the Second Party
himself holds possession, then the Second Party shall be
responsible for any breakage, weak structure, or inappropriate
designs, in ground floor and basement of the said
premises/building. That it is further being agreed by the
second party if the Ground floor and basement is sold, then the
owner of the Ground floor shall maintain the Basement as well
and in case of reconstruction or any renovation in the
Basement or Ground Floor by the owner, the owner of the said
floor shall be obligated to maintain the structural integrity of
the building and must carry out inspections to identify
damages, procedure and design of the Building.

36. That it is further being between the parties hereto that the First
Party shall have the absolute right to do further construction in
the said premises/building and No NOC or any other
permission shall be required by the First party from any of the
floor owners to do any further construction on the terrace or
top floor of the building.

37. That the second party is obligated to not to carry any illegal
activity and shall not to carry on or permit to be carried on in the
Premises or in any part thereof, any activities which shall be or
are likely to be in contravention to the statutory bye-laws, rules
and regulations, or unlawful, obnoxious or of nuisance,
annoyance or disturbance to the owners/occupants of the
 complex and other buildings in the vicinity or store any goods of
hazardous or combustible nature or which are heavy so as to
affect the construction or the structure of the building or any
part thereof or in any manner interfere for common use.

38. That it is further being obligated upon the second party that the
Basement and the Ground floor of the building shall be sold as a
single structure and no separate sale agreement of the Basement
and Ground floor shall be effected by the second party with any
one whatsoever. That the Ground Floor and the Basement of the
building shall be sold as a single unit only. And in case of default,
or breach of this agreement by the second party, the second
party shall be liable to restore the structure of the ground floor
and Basement in its original structure at its own cost and shall
also be liable to the first party damages of Rs. 35, 00,000/-
(Thirty Five lakhs) in case of breach of this present covenant.

39. That Second Party undertakes to the First Party that he will
install, in the allocated portion of the First Party, all fittings and
fixtures provided in Annexure `A' as per First Party’s sole
discretion and choice.

40. That the Second Party undertakes to the First Party that if the
Second Party, due to unavailability of the product is unable to
install in the area allocated to the First Party, the fittings and
fixtures of the description provided in Annexure `A' of the
Agreement, the Second Party shall ensure to make available to
the First Party fittings and fixtures as per First Party’s sole
discretion and choice of an equivalent and similar description
as decided by the First Party only.

41. That the Second Party undertakes to the First Party that the
Second Party shall install all fittings and fixtures as per First
Party’s sole discretion and choice in the share of the property
allocated to the First Party and only after taking consent
regarding the same from the First Party.

42. That the Second Party undertakes to the First Party that map
for the proposed construction on the Plot of Land shall be made
available to the First Party for its inspection and after inspected
by the First Party and only after getting its written consent or
 NOC regarding the same, the Second Party will get the said map
sanctioned from the appropriate authorities. Furthermore,
preference shall be given to the First Party to select the parking
spots that would be allotted to him under the present
agreement.

43. That if there be any claims, demands tax liability or any other
court order whatsoever against the First Party then it is a
condition of this agreement that the work of development
and/or completion of the said building and/or other matter
incidental to this agreement shall not at any time during or
after the completion be stopped prevented obstructed or delay
in any manner whatsoever by the First Party and the First
Party shall indemnify the Second Party in this regard.

44. That no common parts of the building will be used by the

Owners/Occupants of the said building for keeping/chaining
pets, dogs, birds or for storage of cycles, motor cycles nor the
common passage shall be blocked in any manner.

45. That the proportionate common maintenance charges and

charges for power backup will be paid by all the Occupants
/Owners of the said building in proportion of their respective
area occupied by them.

46. That the Owners/Occupants of the Second Party Allocation

shall have access through staircase to the top terrace at all
reasonable times, subject to prior approval from the First
Party, to get the overhead tank repaired/ cleaned etc. and they
shall have no right to use the lift installed for First Floor,
Second Floor, Third Floor and Terrace without the permission
of the First Party. That similar conditions shall apply to
underground water tank and booster pump etc.
47. That the Income Tax and Capital Gains Tax liability out of
present transaction shall be the responsibility of the First
Party. Further, the income tax and capital gains tax liability if
any arising out of sale of their respective allocations by the
First Party and the Second Party shall be that of the First Party
and the Second Party respectively.

48. That the GST or any other tax as and if applicable on

construction of proposed building shall be paid by the Second
Party. The Second Party shall provide a bill to First Party
stating therein the cost of construction and the GST charged
and deposited on the same. The Second Party shall also provide
 requisite returns and challans to the First Party for the GST
deposited by him on invoice raised to First Party.

49. The Second Party undertakes to provide, at its own cost,

complete maintenance of the new building, including First
Party Allocation, for a period of 3 (three) years from the date of
handing over of the possession physical in all respects of the
First Party allocation to the First Party. The said maintenance
shall, inter alia, include maintenance of kitchen fittings,
sanitary fittings, cracks on walls, corrosion of iron, fixtures,
dampness, leakage, etc.

50. That the Photostat copies of all relevant documents in respect

of the Said Property have been handed over by the First Party
to the Second Party and original documents in respect of the
Said Property, shall be kept by the First Party in trust for the
Second Party and other owners of the Said Property and
hereby undertakes to show/produce the same as and when
further asked/required by the Second Party and hereby
undertakes not to encumber the same with respect to the
Second Party Allocation, under any circumstances.

51. That it has been mutually agreed between the parties that in
case any person(s) claims any right, title, interest in the Said
Property or any part thereof, then the same shall be duly met
out of the allocation of the First Party in the proposed building
only and not out of the Second Party's allocation under any
circumstances, further it shall be sole responsibility of the First
Party to settle all such claim, demands etc., if any. Further the
First Party hereby agrees to indemnify and keep indemnified
the Second Party and/or its nominee (s]/ transferee (s) etc.
against any/all losses costs, damages and expenses accruing
thereby to the Second Party and/or its
nominee(s)/transferee(s) and further such losses, costs etc.
shall be recoverable jointly and severally from the First Party
through his properties both movable and immovable.

52. Any other document/s would not be executed by the first party,
once the present agreement is executed and registered by the
parties, until first party gets possession of their share as per
this agreement complete in all aspects and Completion
certificate (CC) and Occupancy Certificate (OC) is granted by
the competent authorities for the property in question.
 53. That in case of any unforeseen development beyond the control
of the parties concerned, their legal heirs, survivors etc. shall be
equally liable and responsible and shall be bound by the terms
and conditions of this Agreement.

54. That this transaction is irrevocable and binding on both the

parties and neither party shall have any right to revoke or alter
any of the term or condition of this Agreement without the
prior written consent of the other party.

55. That in case any of the parties hereto infringes any of the terms
and conditions of this Agreement, then the other party shall be
entitled to get this transaction enforced through the Court of
law within the Delhi jurisdiction by Specific Performance of the
Contract, at the cost and expenses of the defaulting party.

56. That this transaction has taken place at New Delhi, any dispute
arising under this Agreement shall be governed by the laws
applicable at the concerned time in India, and the Hon’ble
Courts of Delhi shall have the jurisdiction to resolve any such
dispute.

IN WITNESS WHEREOE the First Party and the Second Party have signed
this Agreement at New Delhi on the date first mentioned above in the
presence of the following witnesses;

SIGNED by the FIRST In the presence of WITNESSES:

PARTY

_________________________________
(Signature)
Name:

Address:
SIGNED by the
SECOND PARTY In the presence of WITNESSES:

_________________________________

(Signature)

Name:

Address: :