The standard form of tripartite deed for Registration in the case of Apartments governed by The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, required considerable changes in view of several issues which have arisen in relation to Amrapali Projects.
As a first step it was found necessary to verify the cases of all Home Buyers for the purposes of Registration. This process included scrutiny of relevant documents, their veracity, the point of view of Forensic Auditors reports regarding cases of undervalued Apartments, enlisting of cases who are liable to make good outstanding payments towards the Apartment value, etc. The process of verification brought out several issues relating to validity of documents issued by Amrapali in relation to matters such as additional car parking, excessive development of commercial areas, encroachment of common areas and facilities etc.
A draft version of the tripartite deed suitably changed to accommodate the above said issues among others was shared with the Noida Authority for its comments. On receipt of comments and suggestions from Noida Authority, the draft version has been further refined.
The draft version of the deed, as far as it has become necessary to provide for suitable additions and alterations, is uploaded for the benefit of all Home Buyers. This draft is to be treated as final, except where any major omission is brought to the notice of the Receiver.
Since there are some issues in relation to Sapphire Phase I and Sapphire Phase II, few additional clauses will be added in the deed, only applicable for the above said projects. These additional clauses will be shared separately with the Home Buyers of these two projects.
Since the issue of the circle rate that may be applicable to projects which were eligible for Registration prior to 2016, cannot be decided by the Receiver, the same will be brought to the notice of the Supreme Court for its orders.
SALE DEED FOR SUPERSTRUCTURE OF RESIDENTIAL UNIT AND SUB-LEASE DEED FOR LAND
Present market value : ` ……………………../-
Total Sale Consideration : ₹ …………………../-
Super area/Total Area : …………sq.ft. i.e. ……… Sq.Mtrs.
Carpet Area (as per RERA) : ………….Sq.Ft. i.e. ……….. Sq.Mtrs.
Stamp Duty : ………………………………..
Car Parking : …………………………..
Flat No. : ……….
Floor : …………………….
Tower : …………………
Total Floor : ……………
Circle rate (flat) : ……………./- per sq.mtrs.
Club/Community Centre : Yes
Gym : Yes
Swimming pool : Yes
(Stamp Duty is paid according to chapter 3, praroop-5KHA, Page NO. 54, V-Code NO. 084, of circle rate list.)
This indenture is made and executed at NOIDA on this ____ day of ________________ Two Thousand Nineteen
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY, a Body Corporate constituted under Section 3 of the Uttar Pradesh Industrial Development Act 1976 (U.P. Act No.6 of 1976) (hereinafter referred to as The “LESSOR”, which expression shall unless contrary or repugnant to the context thereof include its successors and assigns) of the First Part;
The Court Receiver appointed by the Hon’ble Supreme Court by its judgment dated 23.07.2019 in W.P. (C) No. 940 of 2017 hereinafter referred to as the “Receiver”, acting through his authorized signatory, in substitution of Amrapali, a Company registered under the Companies Act 1956 and having its registered office at ………………………………………….. ……………………………………………………………… (Hereinafter referred to as the Original Lessee, only for the purpose of this Deed) expression shall unless Contrary or repugnant to the context thereof include its successors and permitted assigns) of the Second Part.
Hereinafter referred to as the “SUB-LESSEE”, which expression shall unless contrary or repugnant to the context or meaning thereof shall include his/her heirs, executors, administrators and legal representatives) of the Third Part;
- M/s Amrapali the original lessee shall continue to be bound under the relevant Laws and by the terms of its agreements as the original lessee for all purposes of itsobligations to the Lessor and the sub lessee.
- The Court Receiver being the mere executant of this deed under authority of the court has no obligations personally or other wise to fulfill any of the obligations of the original lessee, nor he is bound to do anything beyond what is directed by the Hon’ble Supreme Court.
WHEREAS, NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY, a body Corporate constituted under Section 3 of the Uttar Pradesh Industrial Development Act, 1976 (U.P. Act No. 6 of 1976) (hereinafter referred to as the “Lessor”/”First Party”) allotted the land bearing Plot No. ………………, situated at, Sector–……………., Noida, Gautam Buddha Nagar, Uttar Pradesh in favour of ……………………………………………… by virtue of Reservation Letter No. …………………………………… dated ……………….. and Allotment Letter No. ……………………………………. dated ………………… and also executed Lease Deed on ……………… Registered as Registration No……………. and Lease Deed dated on …………………… in the Office of Sub-Registrar …….Noida.
AND WHEREAS, the original Lessee has by lease acquired a piece of land bearing Plot No. …………, situated at Sector–………, Noida, Gautam Buddha Nagar, Uttar Pradesh vide lease executed on …………….. and duly registered in the office of Sub-registrar …….., Noida vide registration no. ……… dated ………………….. area admeasuring …………………. sq. meters for 90 years lease commencing from ………………. on the terms and conditions contained in the said Lease. The above said land has been demised for the purposes of constructing and developing group housing complex thereupon and for allotment of dwelling Units to the prospective buyers/Sub-Lessee.
AND WHEREAS, the original Lessee has constructed dwelling units on the said plot as per the sanctioned lay out/building plans, which have been sanctioned and approved by the Competent Authority. The said Group Housing Complex is known as ‘‘………………………….’ ‘(hereinafter referred as to the “Project”). The project is developed in accordance with the plan sanctioned by the lessor and the original lessee has been granted temporary completion certificate in the project for the purpose of execution of the tripartite sub-lease deed in compliance of Hon’ble Supreme Court’s order dated 23.07.2019 pending statutory requirements if any to be complied with in due course, under orders of the Supreme Court.
AND WHEREAS, the original Lessee had the right to allot to its applicants/allottees, the dwelling units in the above said housing complex, including undivided proportionate share underneath the building/ tower in project land, common areas and facilities, appurtenant to the dwelling units on such terms as provided for in accordance with the Uttar Pradesh Apartments (Promotion of Construction, Ownership ) Act 2010 as are stipulated in the builder buyer agreement between the original lease and the sub-lease for consideration paid to the original lease and the provisions of the lease deed dated .
AND WHEREAS, the Sub-Lessee had applied for allotment of a dwelling unit and on the faith of the statements and representations made by Sub-Lessee at various stages, the original Lessee has allotted The Unit described herein to the Sub-Lessee and received consideration mentioned herein and assured to deliver possession to the Sub-Lessee of the dwelling unit bearing Flat No. ………… on …..th floor in Tower ……………… of the Phase–……., (being the dwelling unit number originally allotted or re-allotted, or allotted under any arrangement with the original lessee as the case may be) and described hereinafter in the schedule of Dwelling Unit of the aforesaid housing complex/project. The Sub-Lessee will also observe covenants, terms and conditions, as laid down in the previously mentioned Lease Deed executed between the Lessor and the original Lessee and also the terms and conditions specified in the Allotment Letter dated ……………………. Builder Buyer agreement executed between the original Lessee and Sub-Lessee.
The lessor and the Sub Lessee will be bound by any special direction that the Supreme Court may issue in regard to any matter that is required to, or deserved to be dealt with in view of the special circumstances of projects of the original lessee.
AND WHEREAS, the Sub-Lessee has carried out independent inspection of the Building plans and building of the said dwelling unit, and has also satisfied himself/herself as to the soundness of structure and construction thereof as well as conditions and descriptions of all fixtures and fittings, installed and/or provided therein. The Sub Lessee has also inspected the common areas, amenities and passages, appurtenant to the said dwelling unit and also the nature, scope and extent of the undivided interest in the common areas and facilities, within the said housing complex and has either obtained possession from the original lessee or has agreed to take possession of his/her apartment and enter into the present Sub Lease deed subject to the conditions / convents herein after stipulated.
NOW THIS INDENTURE WITNESSETH AS FOLLOWS:
In consideration of the amount of …………………………. (Rupees ……………………………………………………..Only), which includes the cost of superstructure and the undivided proportionate interest in the land underneath the building/Tower, paid by the Sub-Lessee to the original Lessee, the receipt of which the original lessee has acknowledged and which has been duly verified as well by the Receiver appointed by the Hon’ble Supreme Court and on his satisfaction that the Sub lessee is otherwise eligible for securing the registration of this deed the Receiver do hereby transfers and conveys to the Sub-Lessee the above said dwelling unit Bearing No. …………… having total Area ……………sq.Ft. (…………… Sq.Mtrs.) and Carpet Area ………….Sq.ft. (…………. Sq.Mtrs.) and Balconies Area ……………. Sq.Ft. (…………… Sq.Mtr.) on ……th Floor in Tower……………… with sanitary, electrical and other fittings & fixtures, in the project/Group Housing Complex i.e. ‘…………………………..’ developed by the original Lessee on the project land i.e. Plot No GH-……….., Sector –…….., Noida, Gautam Buddha Nagar-201301 (U.P.) and more particularly described in Schedule of Dwelling Unit and plan annexed hereto together with the proportionate right in the land underneath the building/tower concerned (hereinafter referred to as the said “Dwelling Unit” or the “Apartment”).
The Receiver simultaneously do hereby also Sub-Leases unto the Sub-Lessee for the un-expired period of 90 years lease granted by the Lessor, which commenced on …………………….., the undivided, unidentified title to the Land proportionate to the area allotted to the Sub-Lessee in relation to the total area of the land on the following terms and conditions:
- The vacant and peaceful possession of the above described dwelling unit has been handed over to the Sub-Lessee. The Lessor has received Rs. as part of the Lease Rent of the Plot from the original Lessee and the Sub Lessee is not required to pay any Lease Rent to the Lessor during the Lease Period. In case of any demand by Government in that regard, the same shall be dealt in accordance with orders, the Hon’ble Supreme Court may pass.
- That the Sub-Lessee without any rebate or deduction whatsoever shall pay to the Authority any and all other taxes, charges, levies and impositions, payable for the time being by the original Lessee in relation to the proportionate share of the Sub-Lessee in the project land underneath the Tower, in terms of the Lease Deed or otherwise.
- That the Sub-Lessee shall pay further annual rents, prevailing taxes, charges, levies and impositions payable for the time being by the original Lessee as occupier of the said dwelling unit, as and when, the same becomes due or payable under the law. In addition, thereto, the Sub-Lessee shall pay all other liabilities, charges for repairs, maintenance and replacement etc., as per Maintenance Agreement executed between the Sub-Lessee and the original Lessee or nominee of Sub-Lessee, as the case may be to such person or agency in accordance with law or as may be directed by the Hon’ble Supreme Court.
- The Sub-Lessee(s) agrees and accepts that he/she shall be responsible to pay requisite charges relating to the maintenance or all other society charges, which includes power back-up, club, taxes and society charges etc. All the works relating to the maintenance may be assigned to any company/agency by the Association of Home Buyers in in accordance with law.
- That as regards the usable rights of such members of car parking space anywhere in the parking bay for the Sub-Lessee in terms of the Home Buyers agreements and any other valid document or agreement of transfer, available inside the Complex/Project, the Sub-Lessee agrees that car parking shall always be treated as integral part of the above said Unit/Apartment and the same shall not have any independent legal entity detached from the said allotted unit. The Sub-Lessee has been explained that the said dependent car parking shall be used by the Sub-Lessee as per terms and conditions of the Maintenance Agreement executed between the parties separately. Any claim to additional car parking space not stipulated in any valid agreement as above and which require scrutiny, will be subject to orders of the Supreme Court.
- That for the computation purpose, the apartment area means and includes the built up covered area of the dwelling unit – comprising of Carpet Area of dwelling unit, area under walls, half area under partition walls, full areas of balconies(s), cupboard(s), spaces, projections, service shaft(s), service shaft(s), terrace(s), garden(s), if any, attached to the dwelling unit — plus proportionate share of all the common areas as provided in these covenants and under the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010.
- foundations, columns, girders, beams, supports, main walls, roof, halls, corridors, lobbies, stairways, fire-escapes and entrances and exits of the building;
- basements, cellars, wards, parks, gardens, community centres and parking areas of common use except covered parking,
- The premises for the lodging of janitors or persons employed for the management of the property;
- Installations of central services, such as, power, light, gas, hot and cold water heating, refrigeration air conditioning, incinerating and sewerage; the elevators, tanks, pumps, motors, fans, cable pipe little (TV, gas electricity etc.) run water harvesting system, compressors, ducts and in general all apparatus and installations existing for common use;
- Such other community and commercial facilities or similar constructions as may be specified in the relevant bye-laws, which the original lessee was bound to make available, under the law for exclusive joint use by the Sub Lessees,
- All other parts of the property necessary or convenient to its existences, maintenance and safety, or normally in common use;
The Sub-Lessee shall get exclusive possession of the built-up covered area of dwelling unit and is being transferred the title of the same along with undivided, impartible, unidentified title to the portion of the Land in the Housing Complex in proportion to the dwelling unit area of the Said Flat/Dwelling Unit to the total constructed FAR area in the Housing Complex through this Sub Lease Deed.
The Sub-Lessee/Third Party shall have all the right, interest, or title jointly along with all other Sub Lessee in such parts of the complex comprising of all common areas and facilities such as specified above including the right of ingress and egress in common areas, which shall remain the joint property of all the Sub Lessees in the proportionate ratio of dwelling unit area owned out of total F.A.R. The right of usage of the common facilities is subject to the covenants herein and up to date payments of all dues, as may be determined in terms of orders of the Hon’ble Supreme Court.
- That the original Lessee and the Sub-Lessee shall, at all times duly perform and observe all the covenants and conditions, which are contained in the said Lease Deed executed between the Lessor and the original Lessee and observe the same as applicable and relating to the land and the unit being Leased under these present.
- That any transfer, sale, assignment or otherwise parting with the possession of the said dwelling unit by the Sub-Lessee, will attract payment of then prevailing transfer charges, and No Objection Certificate (NOC) from the Receiver or such other person as may be designated by the court. The decision of the Lessor / or the person authorized by the court in respect of the transfer charges and permission for transfer will be final and binding upon the Sub-Lessee.
- In case, the Sub-Lessee has obtained loan from any Bank/Financial Institution/ or any assistance from any employer establishment on the above said Unit/Apartment, the Sub-Lessee hereby undertakes to pay the dues of such Bank/Financial Institution or any other establishment and this Deed shall be in the custody of the bank financial institution on any other establishment as the case may be in terms of the loan agreement with the Bank / Financial Institutions / other establishment.
- That notwithstanding the restrictions, limitations and conditions mentioned herein above, the Sub-Lessee shall be entitled to create tenancy of the whole of the dwelling unit for the purposes of the private residential dwelling only.
- That wherever the title of the original Lessee/Sub-Lessee in the Said dwelling unit is transferred in any manner whatsoever, the transferee shall be bound by all covenants and conditions contained herein or contained in the parent Lease Deed executed between the Lessor and the original Lessee and such transferee shall be responsible and liable answerable in all respects thereof, in so far as, the same may be applicable and relate to the said proportionate land or the dwelling unit.
- That in the event of death of the Sub-Lessee, the person on whom the title of the deceased devolves, shall within three months of such devolution, give notice of such devolution to the Lessor and the Lessee. The stake holders/ successors/legal heirs of the Sub Lessee shall be liable to execute necessary documents for transfer of the apartment on payment of fees in the records of Lessor and Lessee.
- That the Sub-Lessee shall in terms of the lease, at all times, pay directly to the Lessor, all Government dues or any other dues of Authority, Local Bodies existing or to exist in future including but not limited to all rates, taxes charges and assessments leviable by whatever name, in respect of the Land or the dwelling unit, which are now or may at any time hereafter or during the continuance of this Deed be assessed, charged or becomes due or imposed upon the dwelling unit hereby transferred to the Sub-Lessee or its tenant/occupant in respect thereof.
- That the original Lessee/Sub-Lessee shall in all respect comply with and remain bound by the laws, relevant Rules concerning building, drainage, and other by-laws of the Noida Authority or other competent Authorities for the time being in force or whenever becomes applicable in future. Along with above said, all the terms & conditions of the brochures of Scheme allotment building bylaws as amended from time to time shall be binding upon the original Lessee/ Sub-Lessees. The obligation of the original lessee under all covenants with the Sub Lessee shall continue to be binding on the original lessee as may be directed by the Hon’ble Supreme Court.
- That the original Lessee/Sub-Lessee shall not without the sanction and permission of the Lessor in writing, erect any building or make any alteration or otherwise subdivide or amalgamate the above said transferred/ Sub-Leased dwelling unit. There shall be no temporary or permanent coverage of balcony or common areas, passages, space etc. In case of breach of this covenant, the Sub Lessee shall be solely responsible and liable for penal and other legal consequences.
- That the Sub-Lessee will use the dwelling unit exclusively for residential purpose and for no other purposes. Under no circumstances, the Sub-Lessee shall contravene the safety provisions while using/occupying the above said Dwelling Unit. In violation, the Sub-Lessee shall be solely responsible and liable for the consequences as per Law.
- That the Sub-Lessee shall not in any manner whatsoever encroach upon the common land/ areas, and facilities and services. All such unauthorized constructions/encroachments made shall be removed at the cost of the Sub-Lessee and the Sub-Lessee shall be liable for legal consequences.
- That the Sub-Lessee of Ground Floor dwelling unit in the Housing Complex will be entitled to the use of the seating area earmarked for such flats, for the limited purpose of keeping the same as green. No construction, either temporary or permanent is permitted other than pool and landscape features on such seating areas. The right of Sub-Lessee shall however be subject to provisions of Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 with all subsequent amendments.
- That the Sub-Lessee of Top Floor dwelling unit shall not have any exclusive rights of use of the terrace above the dwelling unit. However, all the Sub-Lessee of the complex shall have right to use the terrace at reasonable time for maintenance/upkeep of water tanks, fixing of T.V. antennas or any other legally permitted purposes on the terrace subject to observance of safety norms. The terrace shall also be available to the occupants of the building/ tower in times of emergencies, like fire, and in case of all other emergencies. No unauthorized construction, temporary or permanent, is permitted by Sub-Lessee in the project or terrace or in allotted flat or any part thereof. The right of Sub-Lessee shall however be subject to provisions of all applicable Laws, bye Laws and rules etc. Sub-Lessee has agreed that solar installations with steel structures for sustainable environment will not be objected by Sub-Lessee and the Lessee will have sole right to install solar panels on the roof top and utilize the energy as deems fit.
- That the original Lessee/Sub-Lessee shall on the expiry of the lease of the land, peacefully hand over the said land unto the Lessor after removing the superstructure, within the stipulated period. The share in the undivided proportionate land hereby sub leased, shall always remain un-divisible and unidentified. Similarly the Sub-Lessee shall have the right of usage of common areas and will not have any independent right of possession of the same.
- The Lessee/Sub-Lessee shall insure the premises comprehensively either singly or collectively with other Allottees and keep the insurance alive/ updated at all times.
- The Sub- Lessee further declares that the allotted flat / Unit / apartment / Sub- Leased/ transferred to the Sub Lessee under these present and areas stipulated under the Builder / Buyer Agreement such as car parking, common areas and facilities alone are conveyed under this deed. The commercial areas in the complex are the facility for convenience services to the residents. Any dispute in regard to the additional car parking not borne by the Builder Buyer Agreement, or the extent of common areas, facilities, commercial areas, or in regard to invalid development of commercial areas, or invalid sale or grant in any manner by the original lessee which are meant for joint use of all buyers shall be subject to such orders as the Hon’ble Supreme Court may choose to pass or direct such other courts or authority to determine.
- That the Sub-Lessee has understood that the present lease deed does not create any independent right, title or interest of the Sub-Lessee in the legally earmarked commercial areas of the project which are found to be lawfully allotted to any third party. All interest created by the original Lessee in contravention of the Law or any other judgment or order of any court, shall not however be binding on the Sub-Lessee. Any sale or allotment so made by the original Lessee shall be subject to orders of the Hon’ble Supreme Court. Bonafide claims of persons in respect of such areas shall be as determined by the Supreme Court.
- That the Lessee/Sub-Lessee and all other persons claiming under him/her shall ensure that the premises are kept in good shape and repairs and he/ she shall ensure that no substantial material damages are caused to the premises or to the sanitary works therein.
- That the terms and conditions of the Parent Lease deed, Flat Buyer Agreement, Maintenance Agreement, Memorandum of Understanding, Affidavits or any other relevant documents executed between the original Lessee and Sub-Lessee shall be binding on the Parties after the execution of this Sub-Lease deed, subject to the provisions of U.P. Act 2010 and RERA and subject to orders of the Hon’ble Supreme Court.
- That under no circumstances the Sub-Lessee(s) shall harm or cause to be harm any damage to the peripheral walls, front, side and rear elevations of the said Flat in any manner. The Sub-Lessee(s) shall also not change the colour scheme of the outer walls or painting of the exterior side of the door and windows and shall also not carry out any change in the exterior elevation/balcony designs etc. shall not erect any fencing/hedging/grills without prior permission of the Lessee or nominated Association/Company maintaining the said Flat/ complex/ building.
- That in case of any breach of the terms and conditions of this Deed by the Lessee/Sub-Lessee, the Lessor will have the right to re-enter the demised dwelling unit after determining the Sub Lease. On re-entry to the demised dwelling unit, if it is occupied by any structure built in an un-authorized manner, by the Lessee/Sub-Lessee, the Lessor will remove the same at the expenses and cost of the Sub-Lessee. At the time of re-entry of the demised dwelling unit, the Lessor may re-allot the same to any other person.
- That if the Sub-Lessee is found to have obtained the allotment, sub lease of the demised premises by any mis-representation/mis-statement or fraud of any kind, including serious under valuation of the property, causing loss of revenue to the lessor or to the receivables towards Amrapali Projects, or found to have wrongfully secured entitlement for registration under this deed, this deed may be cancelled after due enquiry and the possession of the demised premises may be taken over by the Lessor, and the original Lessee/Sub-Lessee, in such an event will not be entitled to claim any compensation/refund in respect thereof.
- That all notices/letters, orders and other documents required under the terms of the sub-lease or under the Real Estate (Regulation & Development) Act, 2016, Uttar Pradesh Industrial Area Development Act, 1976 (U.P.) or any rule or regulation made or directions issued there under shall be deemed to be duly served as provided under Section 43 of the Uttar Pradesh Urban Planning and Development Act, 1973, as re-enacted and modified by the Uttar Pradesh President’s Act (re-enactment with modification) Act 1974 (U.P. Act No. 30 of 1974). The Provisions, Rules/Regulations of The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (as amended from time to time), shall be applicable.
- The Sub-Lessee undertakes and assures that he/she has received proper possession of the allotted flat to him/her and same has been constructed up to his/her full satisfaction. The Sub-Lessee has checked and inspected each & every item of the Flat and acknowledges that construction of the flat subject matter of this Sub-Lease Deed has been carried out to the satisfaction of the Sub-Lessee, as per the provisions of the Real Estate (Regulation & Development) Act, 2016 and he/she has also gone through the relevant provisions of Real Estate (Regulation & Development) Act, 2016 and rules framed there under and hereby records his/her full satisfaction in that regard.
- That all powers exercisable by the Lessor under this lease deed may be exercised by the Chief Executive Officer of the Lessor. The Lessor may also authorize any of its other officers to exercise all or any of the powers exercisable by it under this Deed.
Provided that the expression Chief Executive Officer shall include the Chief Executive Officer for the time being or any other officer, who is entrusted by the Lessor with the functions similar to those of Chief Executive Officer.
All clause of the original lease deed dated in favor of M/s Amrapali shall be applicable to this sub-lease deed. In case of any repugnancy to be applicable of any provision of the lease deed and this sub-lease deed. The provision of the main lease deed shall prevail, except as not affecting the rights of the sub-lease under the law.
- That the Lessor shall have the right to recover the dues, if any, from the original Lessee/Sub Lessee or their Successors as per rules, at the rate of interest, as per the terms and conditions laid in the Lease-Deed/Sub-Lease Deed.
All clauses of the original lease deed dated in favor of M/s Amrapali shall be applicable to this sub-lease deed. In case of any repugnancy of any provision of the lease deed and this sub – lease deed, the provision of the main lease deed shall prevail, subject however to the rights of the sub-lease under the law, which shall prevail.
- That the original Lessee/Sub-Lessee shall make such arrangement as are necessary for maintenance of the building and common services and if the building is not maintained properly, the Chief Executive Officer or any officer authorized by the Chief Executive Officer, will have the power to get the maintenance done through the authority and recover the amount so spent from the Lessee/Sub-Lessee. The Lessee/Sub-Lessee will be individually and severally liable for payment of the maintenance amount. That the provisions of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (as amended from time to time) Real Estate (Regulation and Development) Act 2016 (RERA) as well as all Rules and Regulation made there under shall be applicable on the Lessee/Sub-Lessee. No objection on the amount spent for the maintenance of the building by the Lessor shall be entertained and decision of the Chief Executive Officer, Noida in this regard shall be final and binding upon the parties concerned.
- That the Sub-Lessee shall not display or exhibit any picture, poster, statue or their articles which are repugnant to the morals or are indecent or immoral on the walls of allotted flat doors thereof. The Lessee shall have the exclusive right to display or exhibit any signage, hoardings, billboards, advertisement or placard in any part of the exterior wall of the building, except otherwise specified for the purpose by the Lessee in writing. The Lessee shall be entitled to recover the changes for uses of such publicity/display areas for the uses.
- The Sub-Lessee undertakes to apply and obtain membership of the Resident Welfare Association formed under the supervision and patronage of the Lessee, which shall be constituted and managed according to the Provisions of the Societies Registration Act 1860 and the Uttar Pradesh Apartments (Promotion of Construction, Ownership and Maintenance) Act. The Sub-Lessee further undertakes that he/she will not accept or recognize nor form any other association as Resident Welfare and Association, and if he/she found contrary this would amount to breach of terms and conditions of this sub-lease.
- That the Lessee has provided certain recreational and commercial facilities including ‘……………………..’ to facilitate the occupants of the complex with the extended use by the relatives & guests which excludes outsiders, of sub lessees /tenants, as may be allowed by Lessee. The Sub-Lessee shall also be entitled to use the same in adherence to the Rules/Regulations framed by the Lessee for the use of such facilities on payment of charges etc. That the Lessee and Sub- Lessee have agreed that other Terms & Conditions of the, allotment letter, parent lease deed and Government Laws, building bye-laws, as amended from time to time shall be binding and shall be applicable on the Lessee/Sub Lessee.
- That the Stamp duty, registration charges and all other incidental charges required for execution and registration of this Sub Lease Deed shall be exclusively borne by the Sub-Lessee.
- That any dispute arising out of this lease deed shall be referred to the sole arbitrator to be appointed in terms of the Arbitration Act 1996. The venue of arbitration proceedings shall be at Gautam Budh Nagar and the language of the proceedings shall be English only. The fees of the arbitrator shall be shared equally by both the parties, which shall be subject to the final award by the arbitrator. For other matters excluding the arbitration proceeding, the District Courts at Gautam Buddha Nagar and the High Court of Judicature at Allahabad shall have exclusive jurisdiction.
- That after this Deed is executed, no disputes or differences relating to the registration, booking and allotment and Possession or any such matters as are instrumental to these and are likely to affect the mutual right, interest, privileges and claim of the Lessee/Sub-Lessee, would be entertained by the Lessee, except otherwise provided or agreed between the parties in writing. Further, this Sub-Lease is executed in accordance with order dated 07.2019 of Hon’ble Supreme Court Writ Petition (S) Civil No. 940/2017 Bikram Chaterjee & Ors. Vs Union of India & Ors and all terms of this Deed will always remain subject to further order of the Hon’ble Supreme Court.
SCHEDULE OF DWELLING UNIT
Dwelling Unit No. . …………. on ………th Floor Tower ………………. in the Complex known as “……………..” constructed at Plot No. GH-………., Sector-…….. Noida, Gautam Buddha Nagar-201301 (U.P.) having Super Area …………..sq.fts. AND Carpet Area of …………. Sq.Ft. (…………… Sq.Mtrs.) and and Balconies Area ………… Sq.Ft. (……….. Sq.Mtr.) comprising of DINING/FAMILY LOUNGE, LIVING WITH DOUBLE HEIGHT, FOUR BEDROOMS, FOUR TOILETS, POWDER ROOM, KITCHEN WITH UTILITY BALCONY, SERVANT ROOM WITH TOILET & BALCONIES together with proportionate undivided impartible interest in land on sub-lease basis, as per enclosed plan, and bounded as follows:
As Per Lease-Plan Attached.
IN WITNESS WHEREOF, the parties have signed and executed this Deed on this day, month and year first written above in the presence of:
SIGNED AND DELIVERED BY
- Name : ___________________________
S/D/W of _________________________
_________________________ For and on behalf of
(New Okhla Industrial Development Authority)
- Name : ___________________________
S/D/W of _________________________
Authorized Signatory of Receiver