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BUILDER-TO-SOCIETY HANDOVER LETTER AND CHECKLIST

Date: __________

From: __________, __________, having its office at __________ (the "Promoter")

To: The Managing or Governing Committee, __________, __________, bearing registration number __________ dated __________, having its registered address at __________ (the "Society")

Subject: Handover of documents, plans, common areas, accounts, deposits and warranties in respect of __________ — section 17(2) of the Real Estate (Regulation and Development) Act, 2016

1. THE PROJECT

1.1 This letter concerns the real estate project known as __________, situated at __________ in __________, developed on the land described as: __________ (the "Project").

1.2 The Project comprises __________ apartments together with the common areas and facilities serving them.

1.3 The occupancy certificate for the Project is: __________.

1.4 The Project is registered with the Real Estate Regulatory Authority for __________ under registration number __________.

2. BASIS OF THIS HANDOVER

2.1 Under section 11(4)(e) of the Real Estate (Regulation and Development) Act, 2016 (the "Act") the Promoter is obliged to enable the formation of the association or society of allottees. The Society has been formed and registered as recorded above.

2.2 Under section 17(1) of the Act the Promoter is obliged to execute a registered conveyance of the apartment in favour of each allottee, together with the undivided proportionate title in the common areas in favour of the Society, and to hand over physical possession of the common areas to the Society.

2.3 Under section 17(2) of the Act, after obtaining the occupancy certificate and handing over physical possession to the allottees, the Promoter is responsible for handing over the necessary documents and plans, including in respect of common areas, to the Society as per the local laws.

2.4 This letter and the checklist at Schedule A are issued in performance of those obligations. This letter does not operate as a conveyance and does not by itself transfer any right, title or interest in the land or in the structure of the Project.

3. PART A — HANDOVER BY THE PROMOTER

3.1 The Promoter hereby hands over to the Society, with effect from __________, physical possession of the common areas and facilities of the Project, together with the documents, plans, certificates, approvals, warranties, contracts, keys, deposits and records itemised in Schedule A.

3.2 Each item in Schedule A is to be marked, in ink and in the presence of both parties at the handover meeting, as "Received", "Not received" or "Not applicable". The Promoter confirms that the items marked "Received" have in fact been physically delivered to the Society in the form stated against them.

3.3 The Promoter confirms that the copies delivered are true and complete copies of the originals, that the originals of the title documents and statutory approvals will be delivered to the Society on execution and registration of the conveyance, and that no document itemised in Schedule A has been withheld or altered.

3.4 The person signing this letter for the Promoter is authorised to do so by __________, a copy of which is furnished to the Society with this letter.

4. CORPUS, ACCOUNTS AND DEPOSITS

4.1 The Promoter delivers with this letter a statement of account showing all maintenance and other sums collected from allottees, the application of those sums, and the balance held.

4.4 The Society is entitled to have the accounts of sums collected from allottees examined by an auditor of its choice, at the Society's cost, and the Promoter shall make the underlying vouchers and bank statements available for that purpose. Acceptance of any sums recorded in this letter is without prejudice to any shortfall the examination discloses.

5. UNSOLD APARTMENTS

5.1 The number of apartments in the Project remaining unsold and retained by the Promoter as at the date of this letter is __________.

5.2 With effect from __________ the Promoter shall pay to the Society all outgoings, maintenance charges and other contributions in respect of every apartment it retains — whether recorded in clause 5.1 or later found to be retained — at the same rates and on the same terms as apply to members of the Society.

5.3 Where the Promoter holds any such apartment as a member of the Society, arrears on it are recoverable by the Society in the same manner as arrears from any other member; in Maharashtra that route is a recovery certificate under section 101 of the Maharashtra Co-operative Societies Act, 1960.

6. INSURANCE

6.1 Under section 16 of the Act the Promoter is required, on formation of the association of allottees, to hand over to it all documents relating to the insurances obtained under that section. The insurance policies and the endorsements or letters assigning their benefit to the Society are itemised at Part H of Schedule A.

7. DEFECT LIABILITY

7.1 Under section 14(3) of the Act, where any structural defect or any other defect in workmanship, quality or provision of services, or any other obligation of the Promoter under the agreement for sale, is brought to the Promoter's notice by an allottee within five years from the date of handing over possession to that allottee, the Promoter must rectify it without further charge within thirty days; on failure, the allottee is entitled to compensation under the Act.

7.2 That five-year period runs separately for each allottee, from that allottee's own date of possession. It is not shortened, and does not begin afresh, by this handover or by anything signed in this letter.

8. CONVEYANCE, DECLARATION AND TITLE

8.1 As at the date of this letter, __________.

8.2 Nothing in this letter releases the Promoter from its obligation under section 17(1) of the Act to execute and register, as the case may be, the conveyance of the land and the structure of the Project in favour of the Society, or the deed of declaration and the deeds of apartment under the applicable Apartment Ownership Act — together, in either case, with the undivided proportionate title in the common areas. In the absence of any local law providing otherwise, the proviso to section 17(1) requires that to be carried out within three months from the date of issue of the occupancy certificate. Where it remains outstanding, the Society reserves every remedy available to it, including a complaint to the Real Estate Regulatory Authority and, where the Project is in Maharashtra, an application to the Competent Authority for a deemed conveyance under section 11(3) of the Maharashtra Ownership Flats Act, 1963.

9. OUTGOINGS AND ESSENTIAL SERVICES

9.1 Under section 11(4)(g) of the Act the Promoter is liable to pay all outgoings, including ground rent, municipal taxes, water and electricity charges, and mortgage or other encumbrance charges, until physical possession is transferred. The Promoter confirms that all such outgoings in respect of the Project up to __________ have been paid, and undertakes to pay any that are later found to be unpaid for that period.

9.2 Under section 11(4)(d) of the Act the Promoter remains responsible for providing essential services, on reasonable charges, until maintenance is taken over by the Society. The Society takes over maintenance of the common areas with effect from __________, subject to the outstanding items recorded below.

10. PART B — ACKNOWLEDGEMENT BY THE SOCIETY

10.1 The Society, acting through the signatories below, acknowledges receipt only of those items in Schedule A that are marked "Received" and initialled by both parties. This acknowledgement extends to nothing else.

10.2 This acknowledgement is not, and shall not be read as, a certificate that the Project is complete, that the work is free from defect, that the accounts are correct, that the common areas are in satisfactory condition, or that the Promoter has discharged its obligations under the Act, the agreements for sale or any other law. It is a receipt for paper and possession, and nothing more.

10.3 The signatories sign pursuant to the authority vested in the managing or governing committee of the Society under its registered bye-laws or rules and regulations and the law under which the Society is registered — in Maharashtra, in the case of a co-operative housing society, section 73(1) of the Maharashtra Co-operative Societies Act, 1960 — and pursuant to the resolution of that committee passed at its meeting held on __________.

10.4 Notice of that meeting, with the agenda item for acceptance of handover, was served on every member of that committee on __________ in the manner required by the Society's bye-laws or rules and regulations. The committee has __________ members, of whom __________ were present throughout the meeting, which is not less than the quorum required. No business relating to this handover was transacted at a meeting called on shorter notice than the bye-laws or rules and regulations permit.

10.5 The Society shall place this acceptance before its next general body meeting for ratification. The final authority of the Society vests in the general body — in Maharashtra, in the case of a co-operative housing society, under section 72 of the Maharashtra Co-operative Societies Act, 1960.

11. OUTSTANDING ITEMS

11.1 Any item in Schedule A that is not marked "Received" remains outstanding and continues to be the Promoter's obligation under section 17(2) of the Act and under the agreements for sale.

11.3 Delivery of an outstanding item after the date of this letter shall be recorded by a separate dated acknowledgement signed by two office bearers of the Society, and not by amendment of this letter.

13. NO WAIVER

13.1 No acknowledgement, signature, tick, delay or forbearance recorded in or arising out of this letter operates as a waiver, release, novation or satisfaction of any right of the Society or of any allottee under the Act, the rules made under it, the agreements for sale, the Society's bye-laws or rules and regulations, or any other law.

13.2 Any purported waiver of the Promoter's obligations is void unless made in writing, approved by a resolution of the general body of the Society, and signed by two office bearers; and no waiver by the Society affects any right of an individual allottee under the Act or under that allottee's agreement for sale.

14. NOTICES

14.1 Notices under this letter shall be in writing and delivered by hand against acknowledgement, or by registered post or speed post with acknowledgement due, to the addresses of the parties stated above.

15. GOVERNING LAW AND FORUM

15.1 This letter is governed by the laws of India.

15.2 Matters that the Real Estate Regulatory Authority or the adjudicating officer is empowered under the Act to determine shall be taken before that Authority or officer; section 79 of the Act bars the jurisdiction of civil courts in respect of such matters. That bar does not take away the remedy under the Consumer Protection Act, 2019, which the Supreme Court has held to be additional to and not displaced by the Act (Imperia Structures Ltd v. Anil Patni, 2020). Subject to the above, the courts at __________ shall have jurisdiction.

15.3 Disputes internal to the Society, including disputes touching the constitution, management or business of the Society, shall be dealt with under the law under which the Society is registered.

SCHEDULE A — HANDOVER CHECKLIST

Mark each item in ink as "Received", "Not received" or "Not applicable". Both parties to initial every line. Do not sign Part B until every line is marked.

Part A — Title, approvals and plans

1. Certified copy of the 7/12 extract, property card, khata or record of rights for the Project land
2. Title certificate and search report from an advocate, with the chain of title documents
3. Development agreement, power of attorney and any joint-development documents
4. Intimation of Disapproval / building permission and the commencement certificate
5. Sanctioned layout plan and sanctioned building plans, with all amended and revised plans
6. Completion drawings / as-built architectural drawings
7. Occupancy certificate (full or part), and building completion certificate where issued
8. RERA registration certificate, extension orders and quarterly update filings
9. Environmental clearance and compliance reports, where applicable
10. Approved parking layout and allotment record

Part B — Structure and services drawings

1. Structural stability certificate from a licensed structural engineer
2. Structural design drawings, structural calculations and soil investigation report
3. As-built electrical drawings, load calculations and single-line diagram
4. As-built plumbing, water supply, drainage and sewerage drawings
5. As-built firefighting and fire-detection drawings
6. Waterproofing specifications, treatment details and warranty
7. Lift shaft, machine room and lift layout drawings

Part C — Statutory NOCs and licences

1. Lift licence / permission to operate under the applicable state Lifts Act, and the lift inspector's certificate
2. Fire NOC — provisional and final — from the Chief Fire Officer, with the fire safety compliance certificate
3. Drainage and sewerage connection approval from the local authority
4. Consent to establish and consent to operate from the State Pollution Control Board, where applicable
5. Sewage treatment plant approval, commissioning report and operating consent
6. DG set NOC and pollution clearance
7. Rainwater harvesting compliance certificate
8. Tree authority NOC and landscape completion certificate, where applicable

Part D — Utility connections and deposits

1. Municipal water connection papers, meter details and deposit receipts
2. Electricity supply agreement with the distribution licensee, sanctioned load, meter details, substation and transformer papers
3. Security deposits lodged with the water and electricity utilities, and the receipts, with letters transferring them to the Society
4. Piped gas connection agreement and deposit receipts, where applicable
5. Property tax assessment order, latest paid receipts, and the application to transfer the municipal account to the Society
6. Telecom, cable and internet infrastructure agreements and rights-of-way granted in the building

Part E — Warranties, AMCs and operations

1. Asset register listing every item of plant and equipment with make, model, serial number and date of commissioning
2. Original warranties and guarantees — lifts, pumps, motors, DG set, fire system, STP, water treatment, waterproofing, roofing, gym and clubhouse equipment
3. Annual maintenance contracts in force, with the vendor's written consent to assignment or novation in favour of the Society
4. Operation and maintenance manuals for all plant and equipment
5. Building management system credentials, access-control and CCTV system administrator passwords, and software licences
6. All keys, access cards, remote units and duplicate sets, listed and counted
7. Spares and consumables handed over, listed and counted
8. Vendor and contractor contact list, with the defect-liability contact for each system

Part F — Accounts, money and members

1. Statement of all maintenance and other sums collected from allottees and the application of those sums
2. Corpus / sinking fund statement and the bank statement evidencing transfer to the Society
3. Unspent maintenance balance and supporting statement of receipts and payments
4. List of all allottees with apartment numbers, carpet areas, dates of possession and contact details
5. Statement of dues outstanding from allottees, apartment by apartment
6. List of unsold apartments retained by the Promoter, with areas and current status
7. Share application money and share certificates in respect of unsold apartments, where the Society is a co-operative society
8. TDS certificates, GST records and invoices relating to sums collected from allottees
9. Audited statement of accounts for the maintenance period administered by the Promoter

Part G — Society records

1. Certificate of registration of the Society and its registered bye-laws or rules and regulations
2. Minutes of the first general body meeting and of the committee meetings held before handover
3. Register of members, share register and nomination forms received
4. Society seal, letterhead and statutory registers required by the registering law
5. Deed of declaration and deed of apartment, where the Society is an association of apartment owners

Part H — Insurance

1. Insurance policies obtained by the Promoter under section 16 of the Act, with premium receipts
2. Endorsements or letters assigning the benefit of those policies to the Society
3. Claims history and any claims pending at the date of handover

Schedule A — status of items

Received: ______ items. Not received: ______ items. Not applicable: ______ items.

Initials — Promoter: ____________ Society: ____________

SIGNED BY THE PROMOTER

For __________

Signature: ____________________

Name: __________

Designation: __________

Authority: __________

Date: __________ Place: __________

ACKNOWLEDGED BY THE SOCIETY

For __________, under the resolution of the managing or governing committee dated __________

Signature: ____________________

Name: __________

Office: __________

Signature: ____________________

Name: __________

Office: __________

Date: __________ Place: __________

(Seal of the Society, where the bye-laws or rules and regulations so require)

WITNESSES

1. Signature: ____________________ Name and address: ____________________

1. Signature: ____________________ Name and address: ____________________