Section 3 in The National Capital Territory of Delhi Real Estate (Regulation and Development) (Agreement for Sale) Rules, 2016
3. Agreement for sale.
(1)The Agreement for Sale to be executed between the promoter and the allottee shall be in the Form as per Annexure.(2)Any application letter, allotment letter, agreement, or any other document signed by the allottee, in respect of the apartment, plot or building, as the case may be, prior to the execution and registration of the Agreement for Sale for such apartment, plot or building, as the case may be, shall not be construed to limit the rights and interests of the allottee under the Agreement for Sale or under the Act or the rules or the regulations made thereunder.(3)The Form shall, in addition to such details mentioned in the said Form, contain additional features, if any, which may be appended to the said Form in the form of a separate Schedule.Annexure[See rule 3]Agreement for SaleThis Agreement for Sale ("Agreement") executed on this __ (Date) day of ______ (Month), 20____,By and Between[If the promoter is a company]________________ (CIN no. __________________), a company incorporated under the provisions of the Companies Act, [1956 or 2013, as the case may be], having its registered office at ____________________________ and its corporate office at __________________________(PAN -______________), represented by its authorized signatory ___________________________ (Aadhar no. __________________) authorized vide board resolution dated _______________ hereinafter referred to as the "Promoter" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successor-in-interest, and permitted assigns).[OR][If the promoter is a Partnership firm]________________________, a partnership firm registered under the Indian Partnership Act, 1932, having its principal place of business at ___________________________, (PAN ________________), represented by its authorized Partner __________________________, (Aadhar no. __________________) authorized vide _____________________, hereinafter referred to as the "Promoter" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include the partners or partner for the time being of the said firm, the survivor or survivors of them and their heirs, executors and administrators of the last surviving partner and his/her/their assigns).[OR][If the promoter is an Individual]Mr./ Ms. __________________________, (Aadhar no. __________________) son/ daughter of ______________, aged about _________, residing at ___________________________________________, (PAN _______________), hereinafter called the "Promoter" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his/ her heirs, executors, administrators, successors-in-interest and permitted assigns).AND[If the Allottee is a company]__________________________, (CIN no. __________________) a company incorporated under the provisions of the Companies Act, [1956 or 2013, as the case may be], having its registered office at _____________________________, (PAN ______________), represented by its authorized signatory, __________________, (Aadhar no. __________________) duly authorized vide board resolution dated ___________, hereinafter referred to as the "Allottee" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successor-in-interest, and permitted assigns).[OR][If the Allottee is a Partnership]_______________, a partnership firm registered under the Indian Partnership Act, 1932, having its principal place of business at _____________, (PAN ______________), represented by its authorized partner, _____________, (Aadhar no. __________________) authorized vide _____________________________, hereinafter referred to as the "Allottee" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include the partners or partner for the time being of the said firm, the survivor or survivors of them and their heirs, executors and administrators of the last surviving partner and his/her/their assigns).[OR][If the Allottee is an Individual]Mr./ Ms. ___________________, (Aadhar no. __________________) son/ daughter of ______________, aged about _________, residing at _________________________________, (PAN __________________), hereinafter called the "Allottee" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his/her heirs, executors, administrators, successors-in-interest and permitted assigns).[OR][If the Allottee is a HUF]Mr._______________, (Aadhar no. __________________) son of _________ aged about _________ for self and as the Karta of the Hindu Joint Mitakshara Family known as _____________ HUF, having its place of business/ residence at ________________, (PAN ___________), hereinafter referred to as the "Allottee" (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and the members or member for the time being of the said HUF, and their respective heirs, executors, administrators and permitted assigns).[Please insert details of other allottee(s), in case of more than one allottee]The Promoter and Allottee shall hereinafter collectively be referred to as the "Parties" and individually as a "Party".Definitions:For the purpose of this Agreement for Sale, unless the context otherwise requires,-(a)"Act" means the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);(b)"appropriate Government" means the Central Government;(c)"Rules" means the Real Estate (Regulation and Development) (General) Rules, 2016 made under the Real Estate (Regulation and Development) Act, 2016;(d)"Regulations" means the Regulations made under the Real Estate (Regulation and Development Act, 2016;(e)"section" means a section of the Act.Whereas:A. The Promoter is the absolute and lawful owner of [khasra nos./ survey nos.] [Please insert land details as per local laws] ___________ totally admeasuring _____ square meters situated at _____in Tehsil & District_____________ ("Said Land") vide sale deed(s) dated ______________ registered as documents no. ________ at the office of the Sub-Registrar;[OR]_________________ ("Owner") is the absolute and lawful owner of [khasra nos./ survey nos.] [Please insert land details as per local laws] ___________ totally admeasuring _____ square meters situated at _____in Tehsil & District_____________ ("Said Land") vide sale deed(s) dated ______________ registered as documents no. ________ at the office of the Sub-Registrar. The Owner and the Promoter have entered into a [collaboration / development/ joint development] agreement dated ____________ registered as document no. __________ at the office of the Sub-Registrar;B. The Said Land is earmarked for the purpose of building a [commercial/ residential/ any other purpose] project, comprising _____ multi-storied apartment buildings and [insert any other components of the Projects] and the said project shall be known as '__________________' ("Project");[OR]The Said Land is earmarked for the purpose of plotted development of a [commercial/ residential/ any other purpose] project, comprising __________ plots and [insert any other components of the Projects] and the said project shall be known as '__________________' ("Project"):Provided that where land is earmarked for any institutional development the same shall be used for those purposes only and no commercial/ residential development shall be permitted unless it is a part of the plan approved by the competent authority;C. The Promoter is fully competent to enter into this Agreement and all the legal formalities with respect to the right, title and interest of the Promoter regarding the Said Land on which Project is to be constructed have been completed;D. The ___________________[Please insert the name of the concerned competent authority] has granted the commencement certificate to develop the Project vide approval dated __________ bearing registration no. _________________________;E. The Promoter has obtained the final layout plan, sanctioned plan, specifications and approvals for the Project and also for the apartment, plot or building, as the case may be, from ___________________________________ [Please insert the name of the concerned competent authority]. The Promoter agrees and undertakes that it shall not make any changes to these approved plans except in strict compliance with section 14 of the Act and other laws as applicable;F. The Promoter has registered the Project under the provisions of the Act with the _________ (Name of Union Territory) Real Estate Regulatory Authority at ___________ on _____________ under registration no. _______________;G. The Allottee had applied for an apartment in the Project vide application no. ___________ dated __________ and has been allotted apartment no. ___________ having carpet area of ______ square feet, type ________, on ____ floor in [tower/ block/ building] no._______ ("Building") along with garage/ covered parking no. __________ admeasuring ________ square feet in the _______________ [Please insert the location of the garage/ covered parking], as permissible under the applicable law and of pro rata share in the common areas ("Common Areas") as defined under clause (n) of Section 2 of the Act (hereinafter referred to as the "Apartment" more particularly described in Schedule A and the floor plan of the apartment is annexed hereto and marked as Schedule B);[OR]The Allottee had applied for a plot in the Project vide application no. ___________ dated ___________ and has been allotted plot no. ___________ having area of ______ square feet and plot for garage/covered parking admeasuring __________ square feet (if applicable)] in the _______________ [Please insert the location of the garage/ covered parking], as permissible under the applicable law and of pro rata share in the common areas ("Common Areas") as defined under clause (n) of Section 2 of the Act (hereinafter referred to as the "Plot" more particularly described in Schedule A);H. The Parties have gone through all the terms and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein;I. ________________________________[Please enter any additional disclosures/ details];J. The Parties hereby confirm that they are signing this Agreement with full knowledge of all the laws, rules, regulations, notifications, etc., applicable to the Project;K. The Parties, relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter;L. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the [Apartment/Plot] and the garage/ covered parking (if applicable) as specified in para G.Now therefore, in consideration of the mutual representations, covenants, assurances, promises and agreements contained herein and other good and valuable consideration, the Parties agree as follows:
