AGREEMENT FOR SALE
Executed under Section 6 of the Punjab Apartment and Property Regulation Act, 1995 in Form APR VIII of the Punjab Apartment and Property Regulation Rules, 1995, and under Section 13 of the Real Estate (Regulation and Development) Act, 2016 read with Rule 8 and Form Q of the Punjab State Real Estate (Regulation and Development) Rules, 2017
Place of execution: __________
Date: __________
1. The parties
THE PROMOTER
- Name: __________
- Constitution: __________
- Registered office or principal place of business: __________
- PAN: __________
- Signing through: __________
- Email for notices: __________
THE ALLOTTEE
- Name: __________
- Address: __________
- PAN: __________
- Email for notices: __________
1.1 The Promoter and the Allottee are together called "the parties", and this document is called "this Agreement".
1.2 Each individual signing this Agreement confirms that he or she is a major, of sound mind and competent to contract under Section 11 of the Indian Contract Act, 1872. The person signing for the Promoter confirms that he or she is duly authorised to bind the Promoter and will produce that authority in original before the registering officer.
1.3 In this Agreement, "PAPRA" means the Punjab Apartment and Property Regulation Act, 1995; "the RERA Act" means the Real Estate (Regulation and Development) Act, 2016; "the Punjab RERA Rules" means the Punjab State Real Estate (Regulation and Development) Rules, 2017 as amended; and "PB-RERA" means the Real Estate Regulatory Authority, Punjab, Ground Floor, Punjab Mandi Bhawan (New), Sector 65-A, S.A.S. Nagar 160062, whose portal is rera.punjab.gov.in. "Promoter" and "allottee" carry the meanings given to them in PAPRA and in the RERA Act.
2. The Project, and the Promoter's statutory credentials
2.1 The Promoter is developing the colony or project known as __________ ("the Project"), on the land described below:
__________
2.2 Colony licence under PAPRA. The Project is developed under a licence granted in Form APR V under Section 5 of PAPRA, particulars of which are: __________. The Promoter confirms that the licence is subsisting on the date of this Agreement; that the bank guarantee of twenty-five per cent of the estimated cost of the development works required by Section 5 has been furnished and is alive; that the agreement for the external development works has been executed with the competent authority in Form APR IV; and that every advertisement issued for the Project carries this licence number, as Section 4 of PAPRA requires. A copy of the licence is annexed and is listed in Schedule C.
2.3 Change of land use. Permission for change of land use in respect of the Project land has been granted under Sections 79 to 81 of the Punjab Regional and Town Planning and Development Act, 1995, particulars of which are: __________.
2.4 Registration with PB-RERA. The Project is registered with PB-RERA under Section 5 of the RERA Act under registration number __________, and PB-RERA received the Promoter's application for registration of the Project on __________.
2.5 Which model form governs this Agreement. The model agreement for sale prescribed under Rule 8 of the Punjab RERA Rules depends on the date the registration application was received. The format annexed to the Punjab RERA Rules as originally made applies to applications received between 1 May 2017 and 7 October 2020; Form Q of the Punjab Real Estate (Regulation and Development) (Amendment) Rules, 2020 applies to applications received on or after 8 October 2020; and Form Q of the Punjab Real Estate (Regulation and Development) (Amendment) Rules, 2022 applies to applications received on or after 26 August 2022. Read with the date recorded in Clause 2.4, this Agreement is made in the form so prescribed. Nothing in this Agreement takes away anything that form gives the Allottee, and to the extent of any inconsistency that form prevails. The Promoter further confirms that it has filed with PB-RERA, and undertakes to use, its proforma allotment letter and its proforma conveyance deed.
2.6 Title. As Section 18 of PAPRA requires, the Promoter has obtained a certificate of title from an advocate of not less than seven years' standing, based on a search of the record of the last thirty years, and has made it available to the Allottee. The Promoter has a clear and marketable title to the Project land, free from encumbrance except anything disclosed to the Allottee in writing before the date of this Agreement.
2.7 The Project's separate bank account. All money received from the Allottee under this Agreement is to be deposited in the designated account maintained for the Project in a scheduled bank as Section 9 of PAPRA requires, and seventy per cent of it is to be kept in the separate account required by Section 4(2)(l)(D) of the RERA Act, withdrawn only in proportion to the completion of the Project and on the certificates of the architect, the engineer and the chartered accountant. That account is: __________. The Allottee will pay into that account and into no other, and a demand directing payment elsewhere may be refused.
2.8 Service charges to the Punjab Urban Development Fund. The service charges of one rupee per square metre of the plotted area payable under Section 32 of PAPRA, in two equal instalments within sixty days and six months of the grant of the licence, are the Promoter's obligation and are treated as included in the Total Price.
2.9 Quarterly disclosure. The Promoter will keep the Project page on rera.punjab.gov.in current, including the quarterly progress reports and the architect's certificate in Form 1 and the engineer's certificate in Form 2 required by Regulation 3 of the Punjab Real Estate Regulatory Authority (General) Regulations, 2017, so that the Allottee can verify progress without having to ask.
3. The Unit
3.1 The Promoter agrees to sell and the Allottee agrees to purchase the unit described in Schedule A ("the Unit"), together with the undivided proportionate interest in the land underlying the Project and in the common areas and facilities described in that Schedule.
3.2 What the price is measured against. Where the Unit is a built unit — an apartment, an independent floor, a villa, a shop-cum-office unit or a showroom — carpet area is the net usable floor area of the Unit as defined in the RERA Act, and the Total Price in Clause 4 is referable to it. Where the Unit is a plot or a booth site sold without construction, there is no carpet area and the Total Price is referable to the plot area stated in Schedule A. Where the Promoter has quoted a super or saleable area for reference, that figure creates no obligation on the Allottee and no demand may be raised on it.
3.3 If the delivered area is not the area in Schedule A. Within thirty days of obtaining the occupation certificate, or in the case of a plot within thirty days of the demarcation of the plot on the ground, the Promoter will confirm to the Allottee in writing the final measured carpet area or plot area, supported by the architect's measurement certificate. If that final area falls short of the figure in Schedule A, the Total Price is reduced in the same proportion and the excess already collected is refunded to the Allottee within forty-five days of the confirmation, with interest at the rate in Clause 7.4 if it is not refunded within that period. If the final area exceeds the figure in Schedule A, the Promoter may demand the proportionate increase only up to three per cent of the Schedule A figure and not beyond, payable in the same proportion as the instalments in Schedule B and only against the measurement certificate; no demand may be raised for any excess above three per cent.
3.4 Alterations. The Promoter will not alter the Unit, the sanctioned layout, the sanctioned building plan, the specifications in Schedule D or the common areas without the previous written consent of the Allottee, as Section 11 of PAPRA and Section 14 of the RERA Act require. A change made without that consent entitles the Allottee to the remedies in Clause 9 and to complain under Clause 17.
3.5 Specifications. The Unit and the common areas will be constructed and finished in accordance with the specifications set out in Schedule D, which forms part of this Agreement. The Promoter will not substitute any material, fitting, fixture or brand named in Schedule D except with an item of equal or better quality and with the written consent of the Allottee, and a substitution made without that consent is a breach of this Agreement.
3.6 Certificates before delivery. The Promoter will adhere to the sanctioned plans and to the approved specifications. Where the Unit is a built unit, the Promoter will obtain the completion certificate and the occupation certificate for the building before offering possession. Where the Unit is a plot or a booth site sold without construction, no occupation certificate is issued for the plot itself; the Promoter will instead complete the internal development works serving the plot and obtain the completion certificate for that phase of the colony from the competent authority, as Section 14 of PAPRA requires, before offering possession — and the Allottee's own construction on the plot will need its own sanctioned building plan and, on completion, its own occupation certificate under Rule 14 and Rule 23 of the Punjab Urban Planning and Development Building Rules, 2021.
4. The Total Price
4.1 The total price payable for the Unit is __________ ("the Total Price"). This is the "sale price" for the purposes of Section 6 of PAPRA.
4.2 The Total Price is made up head by head as set out in Schedule B, which forms part of this Agreement.
4.3 Goods and services tax. __________ Where goods and services tax is chargeable under the position so stated, it is over and above the Total Price, is payable only against a proper tax invoice, and any benefit of input tax credit or of a subsequent reduction in the rate will be passed on to the Allottee. Where the position so stated is that no goods and services tax is chargeable, the Promoter will raise no demand on that account, and a demand raised despite this clause must be supported in writing by the provision of law under which it is said to be due.
4.4 The Total Price is fixed. It is not open to escalation for a rise in the cost of materials, labour or finance. It may be increased only on account of a development charge or other charge levied by a competent authority after the date of this Agreement, and then only to the extent of the Allottee's proportionate share, supported by a copy of the demand from that authority, and only on account of the area adjustment permitted by Clause 3.3. A reduction in any such charge will be passed on to the Allottee in the same way.
4.5 The Total Price includes the cost of forming the association of apartment owners or the residents' welfare association under Clause 10.2 and the cost of obtaining the completion certificate and the occupation certificate. It does not include the stamp duty and registration fee on the conveyance deed, which Clause 8 deals with.
5. Payments, and the two statutory caps
5.1 No money before registration. No amount has been paid by the Allottee to the Promoter before the date of this Agreement, and none is payable until this Agreement has been registered. The Allottee will pay __________ on __________, which is a date on or after the date on which this Agreement is registered under Clause 18. The Promoter will acknowledge that amount in writing when, and only when, it is actually received, in the receipt at the foot of this Agreement, dated and signed across a revenue stamp.
5.2 The order of events is fixed by statute, and the parties have followed it. Section 13(1) of the RERA Act forbids a promoter from accepting more than ten per cent of the cost of the apartment, plot or building as an advance without first entering into a registered agreement for sale, and Section 6(1) of PAPRA forbids a promoter from accepting any advance or deposit at all from an intending buyer without first entering into a written agreement for sale and getting it registered, and caps the advance at twenty-five per cent of the sale price. So: before this Agreement is registered no amount whatever is taken. After registration the advance does not exceed twenty-five per cent of the sale price, as Section 6(1) of PAPRA requires; the ten per cent limit in Section 13(1) of the RERA Act governs the position where there is no registered agreement for sale, and is therefore spent once this Agreement is registered. A booking form, an application for allotment or an expression of interest is not a substitute for this Agreement, and money taken on one of those before registration is taken in breach of Section 6(1).
5.3 The balance of the Total Price is payable in the instalments set out in Schedule B.
5.4 Every payment will be made into the designated account named in Clause 2.7, by electronic bank transfer, account payee cheque or demand draft, and never in cash. Section 269SS of the Income-tax Act, 1961 forbids the taking of twenty thousand rupees or more in cash as an advance in relation to the transfer of immovable property, and Section 271D imposes a penalty equal to the whole of that amount on the person who takes it; Section 269ST forbids the receipt of two lakh rupees or more in cash in respect of a single transaction, with the same consequence.
5.5 Tax deducted at source by the Allottee and deposited with the Government under Clause 15 counts as payment of that much of the Total Price.
5.6 The Promoter will issue a receipt for every payment within seven days of receiving it, and will give the Allottee a statement of account within fifteen days of a written request.
6. What the Promoter must not do
6.1 After the date of this Agreement the Promoter will not mortgage or create any charge on the Unit or on the Allottee's undivided interest in the Project land without the previous written consent of the Allottee, as Section 13 of PAPRA requires. A mortgage or charge created in breach of this clause does not affect the Allottee's right to the Unit.
6.2 The Promoter will disclose to the Allottee in writing, within seven days, any notice, order, demand, attachment, claim, suit or proceeding affecting the Project or the Project land, and any suspension, revocation or non-renewal of the licence, the change of land use order or the PB-RERA registration.
6.3 The Promoter will not transfer or assign its majority rights and liabilities in the Project to a third person without the previous written consent of two-thirds of the allottees and the written approval of PB-RERA.
6.4 The Promoter will not advertise, market or offer the Project without the licence number, as Section 4 of PAPRA requires, and an untrue statement in an advertisement is punishable under that section.
7. Possession
7.1 The Promoter will complete the Unit and the common areas and offer possession of the Unit to the Allottee on or before __________.
7.2 Nothing is delivered before the certificate that governs it. Where the Unit is a built unit, the Promoter will not offer, and the Allottee will not take, possession of the Unit before the occupation certificate for the building has been issued: Section 3 of PAPRA requires the promoter to refuse possession until then, Section 14 of PAPRA requires the completion certificate and the occupation certificate to be obtained, and Rule 14 and Rule 23 of the Punjab Urban Planning and Development Building Rules, 2021 govern them, the notice of completion being given in Form B with the certificate of an empanelled architect. Where the Unit is a plot or a booth site sold without construction, the occupation certificate has no application to it and possession is instead offered on completion of the internal development works serving the plot — the road, the water supply, the sewerage, the storm water drainage and the electrification — and on the grant of the completion certificate for that phase of the colony by the competent authority under Section 14 of PAPRA, with demarcation of the plot on the ground in the presence of the Allottee.
7.3 The Promoter will give the Allottee written notice of the offer of possession with a copy of the occupation certificate or, in the case of a plot, of the completion certificate for that phase, and the Allottee will take possession within thirty days of that notice after paying the amounts then properly due.
7.4 If the Promoter is late. If the Promoter fails to offer possession by the date in Clause 7.1, read with any grace period, the Allottee may either (a) withdraw from the Project, in which case the Promoter will refund the whole of the money received from the Allottee together with interest, or (b) continue in the Project and be paid interest by the Promoter for every month of delay until possession is offered. That is the combined effect of Section 12 of PAPRA and Section 18 of the RERA Act. The rate of interest is the State Bank of India's highest Marginal Cost of Lending Rate plus two per cent, as Rule 16 of the Punjab RERA Rules prescribes, and a refund that has become due is payable within ninety days, as Rule 17 prescribes.
7.5 Force majeure. The date in Clause 7.1 is extended only by a period equal to the duration of a war, flood, drought, fire, cyclone, earthquake or other calamity caused by nature affecting the ordinary development of the Project, or of an order of a court or of a competent authority stopping construction that is not attributable to the Promoter's own default. Shortage of funds, shortage of labour or material, and delay by the Promoter in applying for a sanction are not force majeure. The Promoter will give the Allottee written notice of the event within thirty days of its occurring, failing which the Promoter may not rely on it.
8. The conveyance deed
8.1 The Promoter will execute and get registered a conveyance deed in favour of the Allottee within three months of giving possession of the Unit, as Section 15 of PAPRA requires, and as Section 17 of the RERA Act separately requires within three months of the issue of the occupancy certificate — whichever of the two periods expires earlier governs, and the Promoter may not rely on the later of them to postpone the deed.
8.2 The stamp duty, registration fee, facilitation charges, pasting fee and mutation fee on the conveyance deed are payable by the Allottee. As published by the Department of Revenue, Rehabilitation and Disaster Management, Punjab in its document-wise table of stamp duty, registration fee and facilitation charges at revenue.punjab.gov.in, retrieved on 6 September 2026, a Sale, Gift or Conveyance in Punjab bears stamp duty of five per cent of the consideration amount, plus one per cent Social Infrastructure Cess, plus one per cent under the Punjab Infrastructure (Development and Regulation) Act — seven per cent in all. The registration fee is one per cent of the consideration amount subject to a maximum of two lakh rupees. Facilitation charges are one thousand rupees where the consideration is up to ten lakh rupees, three thousand rupees between ten lakh and thirty lakh rupees, and five thousand rupees above thirty lakh rupees. The pasting fee is two hundred rupees and the mutation fee is six hundred rupees. "Consideration amount" means the consideration or the Collector rate, whichever is higher, and the Collector rate is the rate published for the revenue estate by the Deputy Commissioner of the district. That departmental table carries no notification number and no date on its face, so the Allottee will have the figures confirmed at the counter of the Sub-Registrar of the tehsil before paying.
8.3 If the Promoter does not execute the conveyance deed. Section 16 of PAPRA lets the Allottee apply to the competent authority, which may certify the case so that the registering officer may register the deed unilaterally after summoning the Promoter. The penalty under Section 16(3) is up to five thousand rupees per plot or apartment together with a minimum of one hundred rupees for every day the default continues, recoverable as arrears of land revenue.
8.4 On execution of the conveyance deed the Promoter will hand over the documents relating to the Unit, the completion and occupation certificates, the sanctioned plan, the no-dues certificate, and the accounts of the interest-free maintenance security.
9. Defects
9.1 Under Section 11 of PAPRA the Promoter is answerable for a defect in the Unit or in the common areas brought to notice within two years of the date of the agreement for sale, and the matter may be referred to the competent authority within three years.
9.2 Under Section 14(3) of the RERA Act, where a structural defect or a defect in workmanship, quality or provision of services is brought to the Promoter's notice within five years of the date of possession, the Promoter will rectify it within thirty days without further charge, and failing that the Allottee is entitled to compensation.
9.3 The two periods run side by side. Sections 88 and 89 of the RERA Act make that Act additional to, and prevailing over anything inconsistent in, other law, and the Allottee may take whichever of the two remedies is the more favourable.
9.4 A departure from Schedule D that has not been consented to under Clause 3.5 is a defect in quality for the purposes of Clause 9.2.
10. Maintenance, the association and essential services
10.1 Until the common areas are handed over under Clause 10.2, the Promoter is responsible for maintaining the common areas and facilities to a proper standard.
10.2 Who takes over the common areas. Where the Project is a building or buildings containing apartments, the Promoter will form the association of apartment owners under the Punjab Apartment Ownership Act, 1995, hand over to it the common areas, the records and the maintenance corpus with accounts, and cease to charge maintenance from the date of that handover. Where the Project is a plotted colony, the Punjab Apartment Ownership Act, 1995 does not apply to it; the Promoter will instead facilitate the formation of a residents' welfare association of the plot owners, and will hand over the internal development works, the services, the common areas and the maintenance records either to that association or to the competent authority or the municipality in whose area the colony falls, as Section 14 of PAPRA contemplates, and will cease to charge maintenance from the date of that handover.
10.3 Section 17 of PAPRA forbids the withholding or cutting off of essential services. The Promoter will not disconnect, or threaten to disconnect, the water, electricity or drainage supply to the Unit as a means of recovering a disputed amount.
11. If the Allottee defaults in payment
11.1 If the Allottee fails to pay an instalment on its due date, the Promoter will give written notice of the default, and the Allottee has __________ days from the receipt of that notice to pay the amount with interest.
11.2 Interest payable by the Allottee on a delayed payment is at the same rate as the interest payable by the Promoter under Clause 7.4 — the State Bank of India's highest Marginal Cost of Lending Rate plus two per cent, as Rule 16 of the Punjab RERA Rules prescribes — and at no higher rate. The RERA Act requires the rate to be the same for both sides.
11.3 If the default is not cured within the period in Clause 11.1, the Promoter may terminate this Agreement by a second written notice, and in that event __________.
11.4 A refund becoming due on termination is payable within ninety days, as Rule 17 of the Punjab RERA Rules prescribes, and carries interest at the rate in Clause 11.2 if it is not paid within that period.
11.5 The Promoter will not terminate for a default the Allottee has already cured, and will not treat as a default a payment lawfully withheld on account of the Promoter's own breach without first referring the dispute to PB-RERA under Clause 17.
12. What the Allottee agrees to
12.1 To pay the Total Price, and the tax and charges payable with it, on time and into the designated account named in Clause 2.7.
12.2 To use the Unit only for the purpose for which it is sanctioned, and to do nothing that is a breach of the change of land use order, the sanctioned plan or the bye-laws of the association.
12.3 Not to make any structural alteration to the Unit, and not to enclose a balcony, terrace, corridor or common area, without written permission and, where required, the sanction of the competent authority.
12.4 To pay the maintenance charges, municipal tax, electricity and water charges attributable to the Unit from the date of a valid offer of possession made under Clause 7.2, whether or not the Allottee has physically taken possession.
12.5 To appear before the Sub-Registrar and to sign the conveyance deed when it becomes due under Clause 8.1.
13. Transfer of the Unit by the Allottee before conveyance
13.1 The Allottee may transfer or assign the Allottee's rights under this Agreement to another person with the previous written consent of the Promoter, which will not be unreasonably withheld, and on payment of the Promoter's published transfer charge and of any tax payable on that transfer.
13.2 The Promoter will record the transfer in the Project records and will intimate PB-RERA. A person who deals in such a transfer for a fee must be registered as a real estate agent under Section 9 of the RERA Act; Rule 9 of the Punjab RERA Rules makes that registration in Form G, valid for five years and renewable at half the fee.
14. Notices
14.1 A notice under this Agreement must be in writing, sent to the other party at the postal address given in Clause 1 by registered post with acknowledgement due or by a reputed courier, and copied to the email address given in Clause 1.
14.2 A notice sent by registered post is treated as delivered on the seventh day after posting, even if it is refused or comes back unclaimed.
14.3 A party who changes a postal address, an email address or a telephone number must tell the other party in writing within seven days, and a notice sent to the last address given is good notice until that is done.
15. Tax deducted at source
15.1 The position for this transaction is: __________.
15.2 Where Section 194-IA of the Income-tax Act, 1961 applies, the Allottee will deduct the tax from each instalment, deposit it within the time allowed, file Form 26QB and give the Promoter Form 16B; and the amount so deposited counts as payment of that much of the Total Price. Where there is more than one allottee or more than one seller, the fifty lakh rupee threshold is tested against the total consideration for the Unit and not against any one person's share, and a separate Form 26QB is filed for each pair of buyer and seller. Where instead the Promoter is a non-resident and Section 195 of the Income-tax Act, 1961 applies, Section 194-IA has no application, there is no fifty lakh rupee threshold, and the Allottee will obtain a tax deduction account number, deduct at the rate in force for a non-resident on the whole of every payment, deposit it within the time allowed, file the quarterly statement in Form 27Q and give the Promoter Form 16A; the Promoter will produce its own certificate under Section 195(2) or Section 197 if it says a lower rate applies.
15.3 Each party bears its own income tax. Nothing in this Agreement makes one party liable for the other's tax.
16. Brokerage
16.1 No amount is payable by the Allottee to any person for the allotment of the Unit other than the amounts set out in this Agreement and in Schedule B.
17. Disputes, and where the Allottee goes
17.1 The parties will first try to settle any dispute by discussion, within fifteen days of one of them writing to the other about it.
17.2 Under the RERA Act. A complaint against the Promoter lies to PB-RERA under Section 31 of the RERA Act, in Form M with a fee of one thousand rupees under Rule 36 of the Punjab RERA Rules. A claim for compensation lies to the Adjudicating Officer under Section 71, in Form N with a fee of one thousand rupees under Rule 37. An appeal lies to the Real Estate Appellate Tribunal, Punjab under Sections 43 and 44, in Form L with a fee of one thousand rupees under Rule 26. PB-RERA sits at Ground Floor, Punjab Mandi Bhawan (New), Sector 65-A, S.A.S. Nagar 160062, and complaints are filed through rera.punjab.gov.in.
17.3 Under PAPRA. A grievance under PAPRA is taken to the competent authority notified under that Act, and an appeal from its order lies within thirty days under Section 33 of PAPRA. Section 35 of PAPRA bars the jurisdiction of the civil court in respect of a matter which the competent authority or the appellate authority is empowered to determine, so a suit filed in the civil court on such a matter will be returned.
17.4 Subject to Clauses 17.2 and 17.3, and to Section 35 of PAPRA, any matter which a civil court may still entertain lies before the court within whose local limits the Unit is situated, as Section 16 of the Code of Civil Procedure, 1908 requires. The parties do not by this Agreement confer jurisdiction on any other court, and they could not do so. This Agreement is governed by the law of India.
18. Registration of this Agreement
18.1 This Agreement is compulsorily registrable under Sections 6 and 7 of PAPRA read with Section 13 of the RERA Act. The parties will present it for registration before the Sub-Registrar or Joint Sub-Registrar of the tehsil in which the Unit is situated on __________, being the slot booked on igrpunjab.gov.in for that purpose, and in any event within four months of the date in the heading, as Section 23 of the Registration Act, 1908 requires. Nothing is payable by the Allottee until that registration is complete, and Clause 5.1 is to be read accordingly.
18.2 Both parties, or their duly authorised representatives, will appear in person before the registering officer as Section 34(1) of the Registration Act, 1908 requires, with two identifying witnesses carrying their own photograph and identity documents, so that the officer may satisfy himself as to identity under Section 34(3)(c).
18.3 The stamp duty and the registration fee on this Agreement are payable by the Allottee. The e-stamp will be obtained through igrpunjab.gov.in in the name of a party to this Agreement and dated on or before the date of execution, and the slot with the Sub-Registrar will be booked on the same portal. The Promoter will attend on the date booked and will not require any payment as a condition of attending.
19. General
19.1 This Agreement, with Schedules A, B, C and D, records the whole of what the parties have agreed about the Unit. Nothing said in a brochure, an advertisement, a sample flat or a conversation forms part of it unless it is written here or in one of those Schedules.
19.2 Nothing in this Agreement takes away a right given to the Allottee by PAPRA, by the RERA Act or by the rules and regulations made under them. A term of this Agreement that is inconsistent with either Act is void to the extent of the inconsistency, and Sections 88 and 89 of the RERA Act apply.
19.3 A change to this Agreement is valid only if it is in writing and signed by both parties, and where it alters a matter the model form prescribed under Rule 8 of the Punjab RERA Rules covers, only if it is not inconsistent with that form.
19.4 If any clause of this Agreement is found unenforceable, the rest of it continues to apply.
19.5 A delay by either party in enforcing a right is not a waiver of that right.
19.6 This Agreement binds the parties' legal heirs, executors, administrators and permitted successors.
19.7 This Agreement is executed in one original, which is presented for registration and, once registered, is retained by the Allottee. The Promoter takes a certified copy from the Sub-Registrar's office. If the parties wish to hold a counterpart, its stamp duty must be settled with the Sub-Registrar before it is engrossed — an unstamped and unregistered copy is not an original and proves nothing.
SCHEDULE A — THE UNIT
Type of Unit: __________
Description:
__________
Area:
__________
Common areas and facilities in which the Unit carries an undivided proportionate interest:
__________
SCHEDULE B — THE TOTAL PRICE AND THE PAYMENT PLAN
Part 1 — How the Total Price of __________ is made up:
__________
Part 2 — Instalments for the balance of the Total Price:
__________
Every instalment is payable into the designated account named in Clause 2.7 and against a demand notice giving the milestone reached, the amount due and the certificate supporting it.
SCHEDULE C — THE REVIEW PACK: WHAT THE ALLOTTEE HAS BEEN SHOWN
The Promoter has produced, and the Allottee has inspected and taken copies of, the following. Tick each and keep the copies with this Agreement.
| # | Document | Seen |
|---|---|---|
| 1 | Colony licence in Form APR V under Section 5 of PAPRA, and every renewal | ☐ |
| 2 | Agreement for external development works with the competent authority in Form APR IV | ☐ |
| 3 | Bank guarantee for twenty-five per cent of the cost of development works, alive on today's date | ☐ |
| 4 | Change of land use order under Sections 79 to 81 of the Punjab Regional and Town Planning and Development Act, 1995 | ☐ |
| 5 | PB-RERA registration certificate, and the acknowledgement of the Form A application showing the date in Clause 2.4 | ☐ |
| 6 | Sanctioned layout plan and sanctioned building plan, with the sanction memo number and date | ☐ |
| 7 | Certificate of title from an advocate of not less than seven years' standing, on a thirty-year search, under Section 18 of PAPRA | ☐ |
| 8 | Jamabandi and mutation entries for the Project land, and the collaboration or development agreement recited in Clause 2.10 where the land belongs to another person | ☐ |
| 9 | Particulars of the designated and separate bank accounts under Section 9 of PAPRA and Section 4(2)(l)(D) of the RERA Act | ☐ |
| 10 | Latest quarterly progress report, Form 1 architect's certificate and Form 2 engineer's certificate from the Project page on rera.punjab.gov.in | ☐ |
| 11 | Proforma allotment letter and proforma conveyance deed filed by the Promoter with PB-RERA | ☐ |
| 12 | Specifications of the Unit and of the common areas — set out in Schedule D below and signed by the Promoter | ☐ |
| 13 | Completion certificate and occupation certificate, where already issued under Rule 14 and Rule 23 of the Punjab Urban Planning and Development Building Rules, 2021 | ☐ |
| 14 | Authority of the signatory — board resolution, partners' resolution or authority letter | ☐ |
SCHEDULE D — SPECIFICATIONS OF THE UNIT AND OF THE COMMON AREAS
The Unit and the common areas will be constructed and finished as follows. This Schedule is part of this Agreement and Clause 3.5 governs any substitution.
__________
SIGNATURES
The parties have read and understood this Agreement, including Schedules A, B, C and D, and sign it on __________ at __________.
FOR THE PROMOTER
Signature: ______________________________
Name and designation: __________
For and on behalf of: __________
THE ALLOTTEE
Signature: ______________________________
Name: __________
WITNESS 1
Signature: ______________________________
Name: ______________________________
Son / daughter / wife of: ______________________________
Address: ______________________________
Telephone: ______________________________
WITNESS 2
Signature: ______________________________
Name: ______________________________
Son / daughter / wife of: ______________________________
Address: ______________________________
Telephone: ______________________________
RECEIPT — TO BE SIGNED ONLY WHEN THE MONEY IS ACTUALLY RECEIVED, AND NOT BEFORE
This receipt is left blank at execution on purpose. Under Section 6(1) of PAPRA no amount may be taken from the Allottee until this Agreement has been registered, so the Promoter signs below only on the day the money is received, which under Clause 5.1 is __________ or later.
Received from the Allottee the sum of __________ towards the Total Price of the Unit, by electronic bank transfer, account payee cheque or demand draft into the designated account named in Clause 2.7.
Date of actual receipt: ______________________________
Signature of the Promoter's authorised signatory: ______________________________
[Affix a Re 1 revenue stamp here and sign across it. A receipt for Rs 5,000 or more is chargeable under Article 53 of Schedule I to the Indian Stamp Act, 1899, and the signature must run across the stamp for the receipt to count.]
Both parties should sign or initial every page of this Agreement, including each Schedule, before it goes to the counter. Present it for registration before the Sub-Registrar or Joint Sub-Registrar of the tehsil in which the Unit is situated, book the slot on igrpunjab.gov.in, and carry the Aadhaar and PAN of every person who signs along with the Promoter's authority in original. Do not pay a rupee against this Agreement until the Sub-Registrar's receipt is in hand — Section 6(1) of PAPRA is the Allottee's protection and it works only in that order.