MEMORANDUM OF CONSTRUCTION AGREEMENT

THIS MEMORANDUM OF CONSTRUCTION AGREEMENT ENTERED INTO

AT CHENNAI ON THIS THE ______ DAY OF August 2016.
: BETWEEN :

M/s.SHEKINAH HOMES, represented by its Partners,

1) Mr. M.DURAIRAJ, (PAN ALKPD8388H, Cell No.9841334029), Son of
Mr.R.Maruthamuthu, aged 32 years, and 2) Mrs. C. AROCKIA AMUDHA

SELVI, (Ele.C.No. URT0693200, Mobile No. 9841681080) Wife of Mr.M.L.Peter,

aged about 38 years, having its Office at No.57/3 & 59, Anbu Apartments, Nelson
Manickam Road, Aminijikarai, Chennai 600 029, hereinafter called the PARTY OF
THE FIRST PART (BUILDERS):

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AND

Mr.M.L.PETER, Son of Mr. K.A.Manickam, aged about 41 years, residing at

Flat No.301, 3rd Floor, Injagal Block, Chitra Avenue, High road, Choolaimedu, Chennai
600 094, hereinafter called the PARTY OF THE SECOND PART (FLAT OWNER).
(The terms PARTY OF THE FIRST PART and THE PARTY OF THE
SECOND PART shall unless repugnant to the context mean and include their
respective heirs, executors, administrators, representatives and assigns).
WHEREAS the Party of the Second Part propose to Purchase 2291 Sq.feet
of Undivided Share of land more fully described in the B Schedule property situated
at Plot No.1 & 1A, Ganapathy Nagar (Moolachatram Main Road), Madhavaram,
Chennai 600 051, Comprised in 169/2 Part, patta No.SR No.1710/2013, Patta
No.4214, as per Patta in New Survey No. 169/2A1B1A, T.S.No.1/2, Ward No.B,
Block

48,

vide

CMDA

Approved

Planning

Permit

No.01653/2016,

B.A.No.03472/2016, dated 09.08.2016 measuring an extent of 2291 Sq.feet

(extent of 960 Sq.feet for part of Plot No.1A and extent of 1331 Sq.feet for Plot
No.1 Part), of No.30 MADHAVARAM VILLAGE, Ambattur Taluk, Thiruvallur District,
more fully described in the Schedule A hereunder.
WHEREAS the Party of the Second Part approached the party of the First
Part for the Construction of of all the apartments complex at the builders own
cost as per the plan annexed hereto totaling to Ground Floor 2 Shop:
1000 Sft, +Car parking (stilt floor):
Second Floor

First Floor :

1800 sq.feet,

1350 Sq.feet, more fully described in Schedule B

property to the Builders and the Flat to be constructed in the sanctioned Plan.
AND WHEREAS the party of the SECOND PART has already agreed to
delegate the construction work of the aforesaid Flat to the party of the FIRST PART
therein for the agreed amount of Rs.52,25,000- (Rupees Fifty two lakhs and
twenty five thousand only) for which the necessary sanction was obtained from the
competent authorities vide CMDAs sanctions.

AND WHEREAS the Party of the FIRST PART has agreed to construct a Flat
and hand over the possession of the constructed Flat to the Party of the Second Part
as mentioned in Specifications.
Based on that the Builder is constructing a residential building comprising of
Ground Floor (stilt car park), First Floor, Second Floor in the Schedule A property
hereunder. And the builder is constructing in accordance with plan and specification
as approved and sanctioned by CMDA and Corporation of Chennai.
AND WHEREAS both the parties of the First and Second Part that the terms
and conditions of this construction agreement by reduced in writing.
NOW THIS AGREEMENT OF CONSTRUCTION WITNESSETH AS FOLLOWS :
1.

The Party of the First Part shall clear and prepare the site and shall erect
the Ground, First and Second Floor.

2.

Subject to the conditions contained the Party of the Second Part has
agreed to pay the Party of the First Part a total sum of Rs.52,25,000/- (Rupees Fifty
two lakhs and Twenty five thousand only) inclusive of all taxes and Charges
towards the construction cost. The Party of the FIRST PART has received
Rs.2,00,000/- (Rupees Two lakhs only) paid by way of Cash, towards advance by
way of above transfer from the party of the Second Part and the Party of the First
Part acknowledge the same. Remaining amount shall be paid by the Party of the
SECOND PART to the Party of the FIRST PART on or before handing over of the
completed Apartment.

3.

That the party of the FIRST PART will complete the construction within
Four months from this date or within such extended times as may be agreed upon
between the parties herein subject to delay beyond the control of the party of the
FIRST PART. The period as mentioned above may be altered due to some

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unforeseen circumstances like non availability of building materials like steel,
cement, bricks, sand etc., or due to non availability of water, electricity or by reason
of war, civil commotion or any act of god.
4.

At the time of handing over the vacant possession of the finished flat, the
Party of the SECOND PART should settle the entire balance amount if any payable
to the party of the FIRST PART.

5.

The cost of electrical fittings like bulbs, fans, etc., will be that of the Party
of the SECOND PART only and the Party of the FIRST PART will only provide wiring
electrical points, plug points and switches. The wiring of the concealed type.

6.

The Party of the FIRST PART will permit the Party of the SECOND PART
have access to the work while the same is under construction and inspect the same.

7.

It is further agreed that any extra work to fittings specifically required by

the Party of the SECOND PART shall be paid for separate in advance as may be
agreed between the parties hereto.

8.

The Party of the FIRST PART covenants to bear Sales Tax and other
charges on the building materials imposed by the State/Central Government.

9.

The Party of the FIRST PART shall have the charge and lien, on the said
premises on all balance due by the Party of the SECOND PART to the Party of the
FIRST PART in addition to all other rights and remedies available to them.

10.

The Party of the SECOND PART shall have no right to hinder the progress
of the construction of building or a portion hereof under any circumstances as the
same will amount to undue hardship as the building completion involves several
other co-owners, construction of their flats jointly and the party of the SECOND
PART is aware of the same and agrees to the same.

11.

The Party of the SECOND PART entitled to own and enjoy the undivided
share and interest in the land mentioned in SCHEDULE B hereunder as per Sale
Deed to be registered herein after. The Party of the SECOND PART shall use all
sewerage drains and water course now in hereinafter to be executed or installed

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hereinafter in common with the other allottees and shall the cost of repairs and
maintenance of such sewerages, drains, water courses, white washing and all
amenities of all the aforesaid residential apartment with other allottees in common.
12.

The Party of the SECOND PART shall not at any time carry on in the
Premises any trade or business or any activities offensive in nature or which may
become, in any way, a nuisance or danger of the owners of the other premises or
their necessary in title or to the occupiers or owners of any neighboring property or
which may depreciate the value of the other premises or any part thereof.

13.

The Party of the SECOND PART shall give the owners of Flats in the
Building referred to in the Schedule A hereunder all necessary support, vertical,
horizontal and lateral and the supporting common walls of the premises shall be
maintained and repaired in common by the party of the SECOND PART with the
aforesaid owners and occupiers of the premises.

14.

The Party of the SECOND PART shall bear all the expenses equally with
other owners and occupiers of the building referred to in SCHEDULE A hereunder
including routine maintenance pumps etc., sanitary and electrical lines, common to
all departments, replacements of switches and bulbs in corridors, water charges and
costs of any major repairs to this structural, sanitary and electrical or mechanical
system of the proposed apartment building.

15.

The proposed construction of the Flat in the Plot shall be constructed

according to the specifications contained in approved plan in any additional
construction or any extra amenities required by the party of the SECOND PART shall
be carried out on payments of the requisite additional cost in advance.
PAYMENT SCHEDULE
1.
2.
3.
4.
5.
6.

On Execution of this Agreement

On Registration
On Foundation
On Completion of First Floor roof
On Completion of Brick Work
On Completion of Plastering

:
:
:
:
:
:

10%
20%
20%
25%
7.5%
7.5%

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7. On completion of Floorings
8. At the time of Handing Over

:
:

8.0%
2.0%

A SCHEDULE OF PROPERTY
All that piece and parcel of Property, bearing Plot No.1 part measuring 1331
Sq.feet & Plot No.1A measuring 960 Sq.feet, in all total measuring an extent of
2291 Sq.feet in Ganapathy Nagar (Moolachatram Main Road), Madhavaram,
Chennai 600 051, Comprised in 169/2 Part, patta No.SR No.1710/2013, Patta
No.4214, as per Patta in New Survey No. 169/2A1B1A, T.S.No.1/2, Ward No.B,
Block

48,

vide

CMDA

Approved

Planning

Permit

No.01653/2016,

B.A.No.03472/2016, dated 09.08.2016 of No.30 MADHAVARAM VILLAGE,

Ambattur Taluk, Thiruvallur District, and bounded on the ;
North By

Moolachatram Main Road,

South BY

Property owned by Mrs. Chellam & Vagaiyar

East By

Property owned by Mr.Aruldoss and John Palani

West By

40 feet Wide Road

Measuring :
Item I
East to West on the Northern Side :

40 feet

East to West on the Southern Side :

40 feet

North to South on the Eastern Side :

24 feet

North to South on the Western Side :

24 feet

Measuring an extent of 960 Sq.feet and

Item II
East to West on the Northern Side :

48 feet

East to West on the Southern Side :

48 feet

North to South on the Eastern Side :

43 feet

North to South on the Western Side :

17 feet

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Measuring an extent of 1331 Sq.feet
In all total measuring an extent of 2291 Sq.feet, and within the Registration District
of North Chennai, and the Sub Registration District of Madhavaram.
B SCHEDULE OF PROPERTY
2291 Sq.feet Undivided share of the land out of Schedule A mentioned
property.
C SCHEDULE OF PROPERTY
Flat proposed to be constructed over Schedule B property in Ground
Floor-2 Shops: 1000 Sft & Car Parking (stilt floor), First Floor 1800 Sq.feet &
Second Floor 1350 Sq.feet built up area .

SPECIFICATIONS

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FOUNDATION

RCC framed structure, with plinth beam and brick

masonry and plastering

SUPERSTRUCTURE

All external and few internal dividing walls be 9

and 4.5 Thick

FLOORING

Parking area finished at 2-0 ht from existing road

level Hall, Dining, Kitchen and Bedrooms with
20 x 20 Vitrified tiles

KITCHEN

Polished granite kitchen top with S.S.sink

TOILETS

Glazed tiles dadoingupto 7-0 ht. anti-skid tiles for

Flooring

WOOD WORKS

Main door will be teak wood panel door and all

other doors will be country wood flush doors

JOINERY ITEMS

MS Brass handles and hinges for main door

Handle type locks and fittings for other doors,
Godrej or equivalent Powder coated/anodized
aluminium sections with 4mm thick clear glass for
windows Anodized aluminium with 4mm pin
headed glass top hung for ventilators MS grills for
internal windows

PAINTING

Wall Putty with Emulsion for interior walls, Asian or

equivalent Exterior walls painted with Emulsion
Asian or equivalent Wood polish for main door
Enamel paints for other doors Enamel
paints for MS grill and gates

FLOORING

Living , Dining, Kitchen, Bedrooms & Balconies

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24x24 vitrified flooring tiles for living and dining
comet or equivalent 4 skirting of vitrified tiles
Kitchen & wash
20mm granite counter with half nosing for kitchen
8x12 ceramic dado (2 above counter) for kitchen
Toilets
12x12 antiskid ceramic flooring tiles
8x12 ceramic tiles upto 7 height
PLUMBING &
SANITARY

White colour EWC-S trap, waterman or equivalent

White wash basins C.P fitting, Jaguar or equivalent
Kitchen S.S sink. Long body taps, Jaguar
or equivalent.

ELECTRICAL

Concealed multi-standard copper wiring with necessary

points with Anchor or equivalent3-phase power supply
Finolex/Orbit cables.

Living

Kitchen and Service

1-Telephone point
1-T.V point
2-5 amps points
2-wall light points
2-fan point
1-chandlier point

2-wall light points

2-15 amps points
1-electrical chimney point
1-fan point
2-5 amps point

Dining

Bedrooms

1-fan point

1-wall light points

2-light points

1-Telephone point

1-refrigirator

2-2 way switches

2-5 amps points
1-AC point

Toilets

Balcony/Sit out

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1-mirror light point

1-light point

1-light point

Lobby/Staircase

1-geyser point

Light points at ceiling level

1-electrical shaver point

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR

HANDS INTO THIS CONSTRUCTION AGREEMENT ON THIS DAY, MONTH AND
YEAR IN THE PRESENCE OF WITNESSES.

PARTY OF THE SECOND PART

WITNESSES:
1.

2.

PARTY OF THE FIRST PART

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Annexure II
[Payment Schedule]
Construction Cost
Sl.No.
Details
Amount
1
Constructions cost of 4150 sq.ft
(Inclusive of common areas)
Rs.52,25,000/-

1
2
3
4
5
6
7
8

S.No
Stage
%
On Execution of this construction Agreement
On UDS Registration
On Foundation
On Completion of First & Second floor roof
On Completion of Brick Work
On Completion of Plastering
On completion of Floorings
At the time of Handing Over
Total

20%
30%
15%
10%
10%
10%
3%
2%
100%

Total Amount

Amount
10,45,000.00
15,67,500.00
7,83,750.00
5,22,500.00
5,22,500.00
5,22,500.00
1,56,750.00
1,04,500.00
52,25,000.00
52,25,000.00

IN WITNESS WHEREAS THE PARTIES ABOVE MENTIONED HAVE SET

THEIR HANDS AND SIGNATURES ON THE DAY, MONTH AND YEAR FIRST
ABOVE WRITTEN.
WITNESSES :-

PARTY OF THE FIRST PART:

1.
2.

PURCHASER