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Development Agreement

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0% found this document useful (0 votes)
19 views

Development Agreement

Uploaded by

bethebestravi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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This development agreement is made this the____ day of ________,2024( two Thousand

Twenty Four) at Ranchi.

Between

SMT. BACHHI DEVI, UID No. 5956 1990 8990 W/o- Sri Jagdish Prasad, Address 1460,
Ichapuri, Near Sahara Garden City, Adityapur-2, R.I.T Singhbhum, Jharkhand, 831014.

SMT. SHASHI PANDEY UID No. 6086 9980 0027 W/o Devendra Pandey Residing at B
11/88, Sarubera Composite Colony near DAV Public School PS- Mandu, Ara, Ramgarh,
Jharkhand-829134, hereinafter called the “OWNER” (which expression shall, unless
repugnant to the context or excluded by these presents, mean and include their
respective heirs, legal representatives, executors, administrators, successors and
assigns) of the First Part.

AND

PRITHWISHREE DEVELOPERS LLP (PAN:___________) a partnership firm registered


under Partnership Act, 1932 and having its registered office at Pundag Road, Argora,
Ranchi throught its one of Partner ANKIT KUMAR SINGH S/o Sri Satchida Nand Singh,
Residing at Pugru, Hanuman Mandir, Hatiya, District Ranchi, Jharkhand - 834003
[hereinafter referred to as the Developer/Second Party, which expression shall
unless excluded by or repugnant to the subject or context mean and include its/their
legal heirs, successors, legal representatives, administrator, executors, nominees and
assigns] of the SECOND PART.

WHEREAS the Land Owner/First Party is the absolute and beneficial owner of the piece
and parcels of land namely Smt. Bachhi Devi and Smt. Shashi Devi for construction of
multistoried building upon the plot of land of land owners measuring [12 Decimals
bearing R.S. Plot No. 563, Sub Plot No. 563/A area 6 Decimals and Sub Plot No. 563/B
area 6 Decimals under Khata No. 78 situated at Mauza Oberia, P.S. Jagarnathpur, Thana
No. 297, District – Ranchi Jharkhand (thereinafter to be referred to as “the said
property”) and since the date of purchase, the Land Owner/First Party is in peaceful
physical possession over her said property.

AND WHEREAS the Land Owner/First Party being desirous of developing her said
property by constructing multi-storey residential building thereon approached the above
named Developer/SecondParty and requested to perform the act as per the
specifications to be decided between them. After having several round of meetings
among the parties hereto, the Developer/Second Party has agreed to develop the said
property under “Schedule-A” herein below on terms interalia that the Land Owner/First
Party shall be entitled and will receive and accept the 30% (Thirty Percent) of the Super
Built-up Area and car parking space along with the undivided proportionate in the land
together with

the right to use common amenities/facilities in the proposed multi-storey residential


building as
consideration in exchange for the full and final value of her landed Property more fully
and particularly

described under “Schedule-A” hereto delineated in red wash in the map attached
forming part of this

Development Agreement.

AND WHEREAS believing upon the said representation and acceptances on the part of
the Land

Owner/First Party, the Developer/Second Party Has agreed to develop the said property
free from all

encumbrance, attachment, charges, claim and demand whatsoever on the terms and
conditions set out

herein below:-

NOW THE DEVELOPMENT WITNESSTH as follows:-

ARITCLE –I : Definition :-

i) Apartment shall mean the proposed multi-storey residential building to be called or


known

as _______________

ii) Building Plan shall mean the Building Plan duly approved or sanction by the

___________________ or any other competent authority.

iii) Common Expenses shall mean and include a proportionate share of the cost, charges
abd

expenses for maintenance, upkeep, repair, replacement of common parts and common

facilities including proportionate share of municipal and property taxes and other taxes
and

levies related to or connected with Proposed Building.

iv) Common Facilities and Amenities shall include corridors, hall ways, stairways,
passage ways

drive ways, common lavatories, pump room, generator rooms, over-head tank, water

pumps, motors and lift arrangement and other facilities required for the establishment,

enjoyment, provisions, maintenance and management of the building including terrace,

common amenities of the proposed building to be constructed on the said property fully
described under “ANNEXURE – A ” to this agreement.

v) Consideration shall mean and include allocated share in percentage in constructed


area, car

parking space along with undivided proportionate share in the land together with the
right

to use common facilities and amenities in said proposed building.

vi) Developer shall mean the Second Party of the SECOND PART and its/their legal heirs,

successors, legal representative, administrator, executors, nominees and assigns.

vii) Developer’s Allocation shall mean and include 70% (Seventy percent) share in the

constructed area in the forms of flats, car parking space along with undivided
proportionate

share in the land together the right to use common facilities and amenities in said
proposed

building.

viii) Flats shall mean the total Carpet Area consisting of bed rooms, hall, bathrooms-
cum-toilets,

kitchen, balcony/verandah, etc to be constructed in accordance with the

approved/sanctioned Building Plan and as per the specification mentioned in the

“ANNEXURE – B” hereto

ix) Force Majeure shall mean flood, earthquake, riot, war, storm, tempest, civil
commotion,

strike, lockout, pandemic, and/or any other act or mission beyond the control.

x) Land Owners shall mean the First Party of the FIRST PART and her legal heirs,
successors,

assigns, nominees, legal representatives and executors.

xi) Land Owner’s Allocation shall mean 30% (Thirty percent) share of the Super Built-Up
area in

the form of flats, car, parking space along with undivided proportionate share in the
land

together with the right to use common facilities and amenities in the said proposed
building
as well as the roof right over the proposed building.

xii) Property shall mean all the piece and parcel of land more fully and particularly
described in

the “Schedule – A” to this development agreement and delineated in red wash in the
map

attached forming part of this agreement.

xiii) Proposed Building shall mean the multi-storey residential building comprising of
flats and

parking spaces along with other common amenities and common facilities to be
constructed

by the Developer/Second Party on the said property under the sanctioned/approved

Building Plan

xiv) Parking Space shall mean the place or area reserved for parking of cars or vehicles
of the

owners or the occupants of the flat(s) in the said proposed building.

xv) Saleable Spaces shall mean the space comprising of flat(s) along with undivided

proportionate share in the land together with provisions for common facilities and space

required for the use and occupation by the intending purchaser(s).

xvi) Super Built Up Area shall mean and include the total constructed area comprise of
carpet

area of flats, wall area, parking space, verandah, balcony, cupboard area, stair case,
guard

room, generator room, etc. in the proposed building.

xvii) Transfer with its grammatical variation shall mean transfer by handing over of
possession

after completion certificate and/or by other means for effecting transfer of space in the

multi-storey residential building to the purchaser(s)/occupant(s) thereof, although the


same

may not be within the definition of terms as given in the Transfer of Property Act or any

other enactment.

xviii) Words Importing Singular shall include plural and vice versa.
xix) Words Importing Masculine Gender shall include Feminine and Neuter Gender.
Likewise

words importing Feminine Gender shall include Masculine and Neuter Gender and words

importing Neuter Gender shall include Masculine and Feminine Gender.

ARTICLE – II : Commencement:- This Development Agreement shall be deemed to have


been

commenced from the date of its execution between the parties hereto.

1. That the Owner after execution of this development agreement immediately


handover

physical possession over the land to the Developer thereafter Developer shall be
entitled to

put other marks over the property as may be needed and get one or more maps and
plans

prepared for its submission before the Ranchi Municipal Corporation, Ranchi.

2. That the parties agreed between the Developer and Owner that the developer shall
have

70% (Seventy Percent) share and the Owner shall have 30% (Thirty Percent) share in
the

new constructed commercial/residential building it is relevant to mention that the share


of

the Developer and Owner shall be demarcated at the time of construction of the
building as

70% (Seventy Percent) one side and 30% (Thirty Percent) another side which is their

exclusive share of the commercial/residential building.

3. That it is fully assured by the Owner that they have not entered or executed any kind
of

deed/deeds, agreement/agreements in favour of any person/persons with respect to the

schedule property prior to this and if found then it shall be liability and duty of Owner
also

they have to settle the same from their own.

4. That during the period of litigation this development agreement shall remain
suspended and
automatically resumed after completion of dispute and differences if happen over the

schedule property.

5. That the Developer shall, at its own costs and efforts, construct the New Multistoried

Commercial/Residential Building on the said Property and completely finish the same in

good substantial and workman like manner with the best quality materials suitable for
the

purpose and as per the plan or plans sanctioned by Ranchi Municipal Corporation,
Ranchi

and according to the specification mentioned in the sanctioned map.

6. That until the completion of the new building the Developer shall hold possession of
"the

Said Property" and before handing over the Owner’s Allocation all related expenses

(including taxes) incurred for maintaining peaceful possession thereof, shall be borne by
the

Developer.

7. That in consideration of the owners permitting it to develop the said property the
Developer

has agreed to construct and deliver to the Owners 30% of the total super built-up area
in

the New Constructed Commercial/Residential Building (On pro-rata basis) known as "the

Owners Allocation" and more fully described in the Second Schedule in fully built-up and

finished conditions according to the plan sanctioned by Ranchi Municipal Corporation,

Ranchi and as per specifications mentioned in the sanctioned map.

8. That the Developer shall be authorized by the Owners to apply for and obtain quota,

entitlements and other allocations of such buildings materials as may be necessary and
also

to apply for and obtain temporary and/or permanent connections of Water supply,

Electricity and/or other facilities required for the New Building though the facility water
and

electricity is still existing over the plot.


9. That if after completion of New Building and after handing over the owners allocation
to the

owner, the builder after getting permission of further construction from the

authority/authorities constructs further construction over the property then it would be


the

exclusive share of the developer and the owner shall have no right, claim or share upon
the

further construction done by the developer.

10. The Owners covenant as follows:

(a) The possession of completed flats shall be transferred to the prospective purchasers

only after the Owner have been delivered and have been put in possession over their

share in proposed multistoried commercial/residential building. Provided that the land

owners will give power to sale 70% (Seventy Percent) area which is developers

allocation in the new building to the Developers as per demarcation held between the

parties.

(b) The Owner further covenant that they neither created nor would they create any
lien,

charge mortgage or encumbrances on the said property and that he would keeps. The

Said Property is free from all encumbrances during the subsistence of these presents.

(c) The Owner as well as the Developer declare that they will not do any act deed, thing
or

things or matter whereby or by reason thereof the development of the said property

and construction thereon of the New Building may be affected or prevented in any

manner whatsoever.

(d) The Owner hereby declares that after-taking possession over the area the “Owners

Allocation” i.e. 30% (Thirty Percent) the remaining 70% (Seventy Percent) of the area in

the New Building shall be known as “the Developers Allocation” over which the owner

or any persons claiming under or through them shall have no claim or interest

whatsoever, provided the Developer has fulfilled its obligations as contained


hereinabove.

(e) The Owners further covenant that they shall put their signature as per the demand
of

the developers where their signature is essential for getting the building completed

without any hurdle and for smooth running of the project also in the sale agreements

entered by and between developers (with respect to developers allocation) and

prospective purchasers as well as transfer the same in their name without creating any

dispute.

(f) That the Owner also fully assures to the developer that they shall support the
developer

in every manner where their presence or signature is required in obtaining the

necessary permission etc. in construction of the new multi storied

commercial/residential building.

11. DEVLOPER'S COVENANT:

(a) That the Developer shall arrange from its own sources, finances and/or funds, time

to time required for the development of the said property or for constructions of

the said New Multi-storied Commercial/Residential Building for the owner thereon.

The developer shall have right to mortgage his share to any Financial Institution for

raising the fund for construction of new multi storied building with consent of the

land owners.

(b) The Developer shall indemnify the Owner from and in respect of all labour, taxation

and other claims, compensation or expenses payable in consequence of any persons

or demands of whatsoever nature from any authority arising from any act of

omission or negligence on the part of the Developer related to or in connection with

the planning and/or execution and/or construction and/or dealing in respect of the

proposed building. The Developer shall also indemnify the Owner against any claim

action or proceeding which may be brought or taken against the Owner in respect of

any damage caused to adjoining ground, building, electric poles etc. by the
Developer in performance of the work envisaged in this agreement. However, the

Owner shall have the full right and authority to take all such legal actions or actions

civil or criminal to defend their title and possession relating to or over "The Said

Property".

(c) The Developer also covenant that they shall obtain all necessary permission etc. as

per the prevailing law for construction of the new multi storied

commercial/residential building over the said property.

(d) That the Developer, after coming into peaceful possession shall complete the

construction of the building within 03 Years from the date of sanction of the

building plan. However, in the event of the Developer being unable to complete the

project within the stipulated period aforesaid, excluding the period affected by

force majeure or other circumstances beyond its control, the Developer shall be

allowed a further grace period of 18 months in addition to the 03 Years aforesaid.

(e) On completion of the New Commercial/Residential building and on taking the

possession of the portion in the building known as "Owners' Allocation" and from

such date the Owners shall be liable to pay all rents, taxes, services, charges and

other outgoing in respect of common facilities in the buildings, proportionate to the

Owner’s allocation provided that any additional costs, or expenses by way of

maintenance for any particular use for any portion within “Owners Allocation”

done at the written request of the Owner shall also be paid by the Owner in

proportion to their respective shares.

(f) The Developer hereby agrees and covenants with the owners not to avoid violate or

contravene any of the portions of rules, applicable for construction of New Building,

and the terms of this agreement made therein.

(g) The Developer guarantees that the entire structure shall be constructed and

completed in good substantial and workman like manner using the best materials

suitable for the purpose and the Developer do hereby undertake that it shall at its
own cost and effort by good work, reconstruct, or complete all and any work found

defective or poor or incomplete or deficient, brought notice to the developer within

one year from the date of handing over the possession of the Owner’s allocation.

(h) The Owner shall have right to visit the spot during the construction period and

inspect material etc. also give proper advice and direction if found any kind of below

standard.

12. FORCE MAJEURE

The parties hereto shall not be considered to be liable for any obligations hereunder to
the

extent that the performance of the relative obligation is prevented by the existence of
force

majeure and such obligation shall remain suspended throughout the duration of the
force

majeure. In this regard, force majeure shall mean and include flood, earthquake, riot,
war,

storm, tempest, civil commotion, air raids, strike, lockout, pandemic and/or any notice
from

Ranchi Municipal Corporation or any other statutory body or any prohibitory order of
Court

restraining the construction of the New Building on “The Said Property” or restraining

construction in general and/or changes in any building bye-laws, Municipal rules or


policy

relating to sanctioning plans, and/or any act beyond the control of the parties hereof.

13. That before submitting the plans for sanction by Ranchi Municipal
Corporation/RRDA,

Ranchi the Developer shall take due approval of the Owner.

14. DEVELOPERS RIGHTS:

(a) The Developer shall be entitled to obtain the services of and enter into any Building

Contractor, Architect, Engineers, Electrician, Plumber etc. and to appoint agents on

its own costs risks and expenses.


(b) The Developer shall further be entitled to book and allot flats/shops and other
builtup

spaces etc. in the New Constructed Building with proportionate share in “the

Said Property” to prospective purchasers in so far as it relates to Developer

Allocation and to enter into agreements and receive booking money advance

amount, installments, and other payable from prospective purchaser and grant

receipt thereof.

(c) However, although the Developer may immediately after the building plan has been

sanctioned by Ranchi Municipal Corporation, Ranchi start booking of units from out

of the portion known as "the Developer Allocation", enter into agreement for sale

with prospective purchasers, receive advance money and grant receipt to such

purchasers for such areas known as the Developer’s Allocation.

15. MUTUAL RIGHTS

(a) On completion of the New Building, the Owner shall be entitled to the built up area

in the New Building, known as “Owner’s Allocation” and described in the Second

Schedule below.

The Owner shall, immediately after the building plan has been

sanctioned by Ranchi Municipal Corporation, Ranchi also be entitled to enter into

agreement, receive booking and other amounts and other consideration amounts

and/or retain or transfer in any manner they like or as per their free will, the

“Owners' Allocation”.

(b) Likewise on completion of construction of the New Building and delivering the

possession of the “Owner’s Allocation” to them the Developer shall be entitled to

the remaining space as particularly mentioned in the Third Schedule and known as

“Developer’s Allocation” and shall be entitle to use as per his own choice and desire

or is otherwise sale or retain it for his own use.

PROVIDED ALWAYS that the Developer shall be at liberty to enter into such
agreement for sale of the flats/shop room/office spaces/other spaces from out of

the Developer’s Allocation as it may deem think fit and proper at any time after

execution of this agreement.

(c) That the Owner shall be entitled to inspect and supervise the construction works

and the materials being used in the building to be sure that the building is being

constructed as per the specification and quality materials are used in it and shall be

entitled to give suggestions and proper advice for better construction of the

building.

(d) The Common Area of the New Building shall be controlled jointly by the Owner and

the Developer and/or their transferees or Association of Owners of flats/shops or a

Co-operative Society formed by the occupants of the New Building for management

of the building its reasonable utilization and welfare of its occupants.

16. The both the parties and their successors-in-interest shall be bound by condition
that during

their ownership or possession over the aforesaid flats or commercial areas they shall

proportionately share all charges and expenses arising or occurring in connection with

all there common amenities in the said building such as House Tax, Water Tax, Latrine
Tax,

Electricity charges for their stair case, compound, other common portion in addition to

being liable for such charges in respect of their own flats/shops allotted to them or
owned

by them or possessed by them.

17. The Owner and Developer have entered into this Agreement purely as a contract
and

nothing contained herein shall be deemed or constructed as a partnership between


them

nor this Agreement shall be treated as joint venture or adventure between them and
the

parties hereto do not constitute an association.


18. It is also agreed by and between the parties hereto that the right to use the roof
over the

Top Floor shall be shared by the Owners and the Developer on 70:30 basis. However,
the

roof may be used for installation of Overhead Water Tank, Disc. Antenna etc.

19. The common areas shall jointly be owned by all the occupiers of all the portions of
the said

building/commercial area with equal entitlement to use all common areas and facilities

intended for utilization by the occupants of the said building on the same terms and

conditions applicable to all for such utilization. No owner/occupier of any part of the said

land and building will have any exclusive right, title or interest over the common areas
and

common facilities except the right of common use.

20. RATES & TAXES:

Till the completion of the project, the Developer shall be liable to pay all taxes and

outgoings, if any for the "The Said Property" from the date of the Developer entering
into

vacant possession, thereafter the Owners, Developer or Purchaser of flats and


commercial

units with or without car parking area in the New Building, shall pay/bear the same in

proportion to the area hold by them.

21. SPECIFICATION

STRUCTURE: R.C.C. Framed structure as per design and specification of Structural

Consultant

SUPER STRUCTURE: First class brick walls with cement sand mortar plaster

INTERNAL FINISH: All internal walls shall be POP over plaster.

EXTERNAL FINISH: All External wall shall be painted with weather coat Paint Over
Plaster.

FLOORING: Nano/Digital floor tiles in all covered area, except parking, parking will be

P.C.C.
TOILET: Color Ceramic Tiles upto lintel level anti skid tiles in floor.

KITCHEN: Granite top over working platform with Steel Sink and 2’ height Ceramic Tiles

above Working Platform.

DOOR: Flush Door fitted with wooden framed Choukhat and Painted with Enamel Paint.

WINDOW: Window Frame and Shutter will be Aluminium with Grills & Glass.

Electrical: All internals wiring copper wiring in concealed conduits with ISI switch and

Socket for lights, fans and power plug etc. One TV Dish point and One

Telephone point Provide in drawing hall provided as per the drawing of

Electrical Consultant.

P.H.E. : All fitting will be ISI mark

22. SERVICE & CHARGES:

(a) From the date of their taking possession, of their allocated area in the New Building

the Owners will be liable to pay and bear the proportionate operation and

maintenance/service charges for the common facilities in the New Buildings.

(b) Additional operation and maintenance/service charges over his allocated share may

also be charged from the Owners for such other Service as may be provided over

and above those mentioned in Clause.

23. TITLE DEEDS:

Copy of the Title Deeds or Title Related Documents in respect of "The Said Property"
shall be

given by Owner to the Developer as and when required until the New Building is
completed

and the possession thereof are made over as provided to the Owner of the portion
known

as Owner’s Allocation.

FIRST SCHEDULE (The Said Property)

All piece and parcels of land namely Smt. Bachhi Devi and Smt. Shashi Devi for
construction of
multistoried building upon the plot of land of land owners measuring [12 Decimals
bearing R.S. Plot No.

563, Sub Plot No. 563/A area 6 Decimals and Sub Plot No. 563/B area 6 Decimals under
Khata No. 78

situated at Mauza Oberia, P.S. Jagarnathpur, Thana No. 297, District – Ranchi Jharkhand
which is shown

in Red Wash in the map attached hereto and butted and bounded as follows:

North : ____________________

South : ____________________

East : ____________________

West : ____________________

SECOND SCHEDULE (OWNER’S ALLOCATION)

30% of the Total Super Built-up area (on pro-rata basis) to be allocated in the new
building inclusive of

proportionate percent in the car parking space for vehicles in the Ground Floor with all
Common

Facilities inclusive of lift etc.

The roof and terrace above the top floor of ".................................." shall be shared by
the Owners and

the Developer in common which shall be utilized by the: Developer for common
installation like

Overhead Water Tank, Lift, Lift shaft, Disc. Antenna, Telephone Lines, electrical
installation, and so on

for the use and benefit of the occupiers of the new building.

THIRD SCHEDULE (DEVELOPER'S ALLOCATION)

After setting aside the “Owners Allocation”, as detailed in the Second Schedule above,
the rest 70% (

Seventy Percent )of the Super built-up area with proportionate undivided spaces will be
retained by the

Developer with lift facility and proportionate share in land and common facilities and
Amenities as its

share for its own use and/or for sale.


Other than the area known as “Owner’s Allocation”, the rest % portion including
proportionate area in

common space shall be known as the “Developer’s Allocation”, which the Developer
shall be entitled to

use and enjoy, as it deems fit and proper and it shall be entitled to enter into
agreements and other

commitments with any party or parties in regard to disposal thereof.

INWITNESS WHEREOF the DEVELOPER Company has set out their respective hands on

this Agreement on this the............ day of May 2022 at Ranchi.

WITNESSES: OWNER

DEVELOPER

2.

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