Development Agreement
Development Agreement
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
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
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:-
ARITCLE –I : Definition :-
as _______________
ii) Building Plan shall mean the Building Plan duly approved or sanction by the
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
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,
common amenities of the proposed building to be constructed on the said property fully
described under “ANNEXURE – A ” to this agreement.
parking space along with undivided proportionate share in the land together with the
right
vi) Developer shall mean the Second Party of the SECOND PART and its/their legal heirs,
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,
“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,
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
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
Building Plan
xiv) Parking Space shall mean the place or area reserved for parking of cars or vehicles
of the
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
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
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
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
commenced from the date of its execution between the parties hereto.
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
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
3. That it is fully assured by the Owner that they have not entered or executed any kind
of
schedule property prior to this and if found then it shall be liability and duty of Owner
also
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
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
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
owner, the builder after getting permission of further construction from the
exclusive share of the developer and the owner shall have no right, claim or share upon
the
(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
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
(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
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
commercial/residential building.
(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
or demands of whatsoever nature from any authority arising from any act of
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
(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
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
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
(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,
(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
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.
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
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,
(a) The Developer shall be entitled to obtain the services of and enter into any Building
spaces etc. in the New Constructed Building with proportionate share in “the
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
(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
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
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
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
(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
Co-operative Society formed by the occupants of the New Building for management
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
17. The Owner and Developer have entered into this Agreement purely as a contract
and
nor this Agreement shall be treated as joint venture or adventure between them and
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
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
units with or without car parking area in the New Building, shall pay/bear the same in
21. SPECIFICATION
Consultant
SUPER STRUCTURE: First class brick walls with cement sand mortar 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
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
Electrical Consultant.
(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
(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
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.
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 : ____________________
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
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.
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
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
INWITNESS WHEREOF the DEVELOPER Company has set out their respective hands on
WITNESSES: OWNER
DEVELOPER
2.