RESALE AGREEMENT FOR AN UNDER-CONSTRUCTION PROPERTY
Agreement date: __________
- PROJECT AND EXISTING RIGHTS
Transferor: __________, __________. Transferee: __________, __________. Promoter: __________, __________.
Project: __________. Unit: __________, __________ - __________. Existing instrument: __________.
Original promoter price: __________. Paid to promoter: __________. Balance to promoter: __________.
- RESALE ECONOMICS
The Transferor agrees to transfer, and the Transferee agrees to take, the Transferor's rights as allottee of the unit under the existing instrument, on the terms below. Total resale price between parties: __________. Premium or adjustment: __________. Booking amount paid to transferor: __________. Balance to transferor: __________.
Payment milestone: __________.
Where the law requires the Transferee to deduct tax at source from the resale price, the Transferee deducts it, deposits it within the time allowed and gives the Transferor the certificate; tax properly deducted and deposited counts as payment of that much of the price.
- PROMOTER INSTALMENTS
Promoter balance: __________.
Transfer condition: __________.
- LENDER AND PROJECT RISK
Lender condition: __________.
Construction/project risk: __________.
- FAILURE, DOCUMENTS AND CLOSING
If transfer fails without transferee default: __________ within __________ days. Document handover: __________.
This agreement does not itself operate as the final conveyance of the completed unit. The promoter-facing allottee change must be completed in the manner required by the operative project documents and applicable law.
- EXECUTION
Transferor: __________
Transferee: __________
Witness 1: __________
Witness 2: __________
PERSONAL DATA NOTICE
This notice is given under the Digital Personal Data Protection Act, 2023.
Personal data in this document is collected only to document and administer the conditional resale of an under-construction allotment, communicate about that purpose, verify expressly supplied transaction information, and retain an evidentiary record.
The record will be held by __________ and may be shown only to the allottee, incoming transferee, promoter/developer, authorised broker, lender, advocate, accountant, statutory authority or registration/tax authority directly involved in the stated transfer.
If the proposed transfer does not proceed, the personal data will be retained for 90 days from that decision and then erased. If it proceeds, the record will be retained for the transaction plus 12 months, except for a record that a statute requires to be kept for a longer named period.
A person named in this document may withdraw consent for future consent-based processing, request correction or erasure when the stated purpose has ended, or raise a grievance by writing to __________. The record-holder should acknowledge and respond within 30 days.
Data minimisation: this document deliberately does not require a full Aadhaar number, Aadhaar-card copy, passwords or bank credentials. Identity, PAN and lender information should be collected only where the stated transfer, tax or KYC purpose actually requires it.
Personal-data instruction: __________.
Record-holder: __________