process - Loan against Property

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8)
JAIPUR
List of property documents to be submitted
THIS IS AN INDICATIVE LIST AND THE USERS ARE
ADVISED TO CONSULT LAWYERS BEFORE FINALISING
PROPERTY DOCUMENTS TO BE SUBMITTED. FORMATS
OF DOCUMENTS ARE SUBJECT TO CHANGES BASED
ON REQUIREMENTS; PLEASE ALSO INSERT DETAILS
IN THE DRAFTS AS PER FACTUAL POSITION. IN CASE
THE PROPERTY IS IN THE POSSESSION / BELONGS TO
A PERSON OTHER THAN THE BORROWER, PLEASE
READ “BORROWER” AS SUCH THIRD PARTY IN THIS
LIST

Agreement to Sell between seller and borrower.

All original papers of seller (Sale Deed / Lease Deed / JDA
Patta).

Original stamped and Registered Sale Deed at the time of
disbursal.
The disbursement will be made in the seller’s name and the
cheque will be released to him by IHFC advocate at the
SubRegistrar’s office, when the seller signs the Sale Deed and hands
it over to the Sub-Registrar for registration.
B)
Documents for specific cases
Construction on plots allotted by Jaipur
Development Authority (JDA) / Construction on
Resale of JDA Plots
1)
Allotment letter in original.
2)
Possession letter in original.
3)
Stamped and Registered Lease deed/Patta in favour
of borrower in original.
4)
Original stamped and Registered Sale Deed in favour
of borrower in case plot is acquired on resale
alongwith all previous Sale Deeds in original.
5)
6)
7)
Advocate’s Title Report from the date of allotment or
the last 13 years whichever is less in detail indicating
the chain of ownership and encumbrances if any
along with search fee receipt.
Detailed cost estimate of construction from approved
Architect/Civil Engineer alongwith plans as per JDA
norms.
Copy of approved plan alongwith sanction letter for
constructions on plots over 500 sq. mts.
C)
In case of resale of constructed house
List of the property documents to be submitted
by the borrowers :
A)
Stamped undertaking from the borrowers stating that
construction is as per plans, byelaws, etc. (Draft 1
attached).
Flat/houses allotted by Rajasthan Housing Board
(RHB) (We will not finance Hire Purchase
scheme)
1)
Allotment cum Demand letter in original.
2)
Receipts of payment made in original.
3)
As per RHB’s allotment letter, you have to inform RHB
in case you mortgage the property. You are therefore
requested to intimate RHB by a letter that you are
creating mortgage in favour of IHFC/ its security
trustee and submit to us the letter duly acknowledged
as received by RHB (Draft 2 attached).
4)
Stamped undertaking from borrower to hand over the
possession letter and conveyance / Lease Deed as
and when it is received by him (Draft 3 attached).
In case of flats being sold on resale

Agreement to Sell between seller and borrower.

All original papers of seller (Sale Deed / Lease Deed / JDA
Patta).

Original stamped and Registered Sale Deed at the time of
disbursal.
The disbursement will be made in the seller’s name and the
cheque will be released to him by IHFC advocate at the
SubRegistrar’s office, when the seller signs the Sale Deed and hands
it over to the Sub-Registrar for registration.
Construction on the plots allotted by
Cooperative Group Housing Society (fully approved
by JDA)
1)
JDA patta duly registered in favour of borrower in
original.
2)
Advocate’s Title Report for the date of registration of
JDA patta OR the last 13 years whichever is less in
details indicating the chain of ownership and
encumbrances of any alongwith search fee receipt.
3)
Detailed cost estimate of construction from approved
Architect / Civil Engineer alongwith plans as per JDA
norms.
4)
Copy of approved plan along with sanction letter for
constructions on plots over 500 sq. mts.
5)
Stamped undertaking from the borrower stating that
construction is as per plans, byelaws, etc
(Draft 1
attached).
In case of property being sold on resale

Original Agreement to Sell between seller and borrower.

All original papers of seller (Sale Deed / Lease Deed / JDA
Patta).

Original stamped and Registered Sale Deed at the time of
disbursal.
The disbursement will be made in the seller’s name and the
cheque will be released to him by IHFC advocate at the
SubRegistrar’s office, when the seller signs the Sale Deed and hands
it over to the Sub-Registrar for registration.
D)
Construction on the plots allotted by Cooperative Group Housing Society (Technically
approved by JDA)
1)
Allotment letter in original from society alongwith
original site plan.
2)
Receipts of payment made in original.
3)
Receipt of regularisation charges to JDA .
OR
Receipt of conversion/development charges.
The above 3 documents are submitted in original to JDA
who will then issue the JDA patta so at the time of Patta
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050506-V.1
(When JDA sets up a camp) we will send these 3
documents back and collect the JDA Patta in original across
the counter.
4)
5)
Advocate’s Title Report for last 3 years indicating the
chain of ownership and encumbrances if any
alongwith search fee receipt.
Detailed cost estimate of construction from approved
Architect / Civil Engineer alongwith plans as per JDA
norms and receipt from JDA for acceptance of plan.
6)
Copy of approved plan alongwith sanction letter for
constructions on plots over 500 sq. mts.
7)
Stamped undertaking from the borrower stating that
construction is as per plans, byelaws, etc. (Draft 1
attached).
8)
9)

The disbursement will be made in the seller’s name and the
cheque will be released to him by IHFC advocate at the
SubRegistrar’s office, when the seller signs the Sale Deed and hands
it over to the Sub-Registrar for registration.
E)
Stamped undertaking from borrower to hand over the
JDA Patta duly registered as and when it is received
by him (Draft 3 enclosed).
Confirmation that the particular society is showing as
an approved society in the booklet published by JDA
and that the customer’s name is in the list of original
members approved and published by JDA in the same
booklet. (BCM to check this and specifically sign it as
checked in the Pre disbursal checklist).
In case of construction on a resale JDA plot in a
technically approved society

Original Agreement to Sell between seller and borrower.

All original papers of seller being-
Original stamped and Registered JDA patta in favour of our
borrower as and when it is duly registered.
A flat being purchased directly from the Builder
1)
Original stamped agreement with the builder on Rs.
100/- stamp paper.
2)
Original receipts of the payments made to the builder.
You are required to spend your own contribution i.e.
the agreement value less IHFC’s loan before IHFC
can disburse the loan amount in part or in full.
3)
No Objection Certificate from the builder on his letter
head (Draft 4 enclosed).
4)
Original stamped and Registered Sale Deed at the
time of final disbursal. The disbursement will be made
in the builder’s name and the cheque will be released
to him by IHFC advocate at the Sub-Registrar’s office,
when the builder signs the Sale Deed and hands it
over to the Sub-Registrar for registration.
In case of property being sold on resale

Original Agreement to Sell between seller and borrower.

All original papers of seller (Sale Deed / Lease Deed).

Original stamped and Registered Sale Deed at the time of
disbursal.

Allotment letter in original from society alongwith
original site plan.

Receipts of payment made in original.
The disbursement will be made in the seller’s name and the
cheque will be released to him by IHFC advocate at the
SubRegistrar’s office, when the seller signs the Sale Deed and hands
it over to the Sub-Registrar for registration.

Receipt of regularisation charges to JDA.
F)
OR

Confirmation that the particular society is approved under
JDA’s master plan and that the original seller’s name is in
the list of original members approved and published by
JDA. (BCM to check this and specifically sign it as checked
in the Pre disbursal checklist).
Name transfer letter in favour of borrower from JDA.
Detailed cost estimate of construction from approved
Architect / Civil Engineer alongwith plans as per
Nagar Nigam norms and receipt from Nagar Nigam for
acceptance of plan.
5)
Copy of approved plan alongwith sanction letter for
constructions on plots over 500 sq. mts.
6)
Stamped undertaking from the borrower stating that
construction is as per plans, byelaws, etc. (Draft 1
attached).
And any other legal document required by ICICI Bank or its
approved lawyers in order to certify a clear and marketable
title.
Draft 1
UNDERTAKING to be made on Stamp Paper of appropriate
value
Place :
Date :
To,
ICICI Bank Limited
(address)
Dear Sirs,
ICICI Bank Limited has sanctioned a loan for an amount of Rs.
_________ (Rupees ______________________ only) for
construction on plot no. _________________ hereinafter referred
to as the said plot.
I/We the undersigned agree and undertake that :
Construction on Freehold Land
1)
Stamped and Registered Sale Deed in favour of
borrower in original.
2)
All Stamped and Registered previous Sale Deeds in
original.
3)
Advocate’s title report from the date of allotment or the
last 13 years whichever is less in detail indicating the
chain of ownership and encumbrances if any
alongwith search fee receipt.
Receipt of conversion/development charges.

4)
1.
I/We shall carry on construction as per the byelaws of JDA /
RHB / Nagar Nigam or as per the duly sanctioned plans
sanctioned on _____________ by the relevant authority and
within the time limits as specified by that authority.
2.
Any breach of our above undertaking shall be deemed to be
a breach of the conditions and covenants on which the aforesaid
loan has been granted to me/us and you shall be at liberty to
treat the same as a default under the Loan Agreement between
me/us and you, and you shall be entitled to take such action
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050506-V.1
against me/us as you may think fit. We will indemnify ICICI Bank
Limited for any losses incurred due to a breach of the above
undertaking.
Place :
Draft of N. O. C. to be obtained from the Builder on his
letter-head
Date :
Yours faithfully,
(Name and Signature of Borrower)
Address :
Draft 2
Letter from Customer to JDA / RHB
To,
JDA / RHB
(Relevant address)
Dear Sirs,
To,
ICICI Bank Limited
[ Address ]
Dear Sirs,
ICICI Bank Limited has sanctioned a financial assistance for a
sum of Rs. ___________ (Rupees ______________________
only) under the terms and conditions of the Facility Agreement
dated _____________ in respect of property _____________
______________________________________
(hereinafter
referred to as the said property). Sale Deed / Deed of
Conveyance / Lease Deed / Patta in respect of the said property
has not as yet been executed and registered in my/our favour by
JDA / RHB, etc.
I/We the undersigned hereby agree and undertake that 1.
Please note that I have been sanctioned a housing financial
assistance of Rs._____________________________________
by ICICI Bank Limited, for the purchase of a JDA / RHB flat under
category ______________________ __________________ at
_____________________ allotted by the JDA / RHB vide
allotment letter No. ______________ / Patta No. _________
This is to inform you that I am mortgaging the above said flat
allotted to me to ICICI Bank Limited / its security trustee as
security for the financial assistance sanctioned to me. This may
be kindly noted in your record.
Yours faithfully,
(All owners to sign)
Draft 3
UNDERTAKING to be made on Stamp paper of appropriate
value
I/We shall promptly have the Sale Deed/Deed of
Conveyance/Lease Deed/Patta executed in my/our favour
and shall pay and discharge all dues and charges in respect
thereof and have the same registered in the office of the
relevant Registrar/Sub-Registrar of Assurances.
2.
I/We shall deposit the said Original Sale Deed/Deed of
Conveyance/Lease Deed/Patta with you and shall execute and
sign all such document/documents that may be required to be
executed by you in the form and manner as suggested by you for
creation of the necessary security in your favour.
3.
Any breach of our above undertaking shall be deemed to be
a breach of the conditions and covenants on which the aforesaid
loan has been granted to me/us and you shall be at liberty to
treat the same as a default under the Facility Agreement between
me/us and ICICI Bank Limited, and you shall be entitled to take
such action against me/us as you may think fit.
Yours faithfully,
Name & Address :
Draft 4
Place
:
Date
:
To,
ICICI Bank Limited
(address)
Dear Sirs,
Re : Permission to mortgage flat no. __________ on the floor of
the building proposed to be named as / named as
________________ situated at ________________
This is to confirm that we have sold flat no. ___________
admeasuring ______ sq. ft. (carpet/builtup area) on the _____
floor of the building proposed to be named as / known as
_________ situate at ____________ under construction /
constructed by us to Mr/Mrs/Ms ______________________
__________ for a total consideration of Rs _____________
(Rupees ______________________) under an Agreement for
sale dated __________
We
confirm
that
we
have
obtained
necessary
permissions/approvals/sanctions for construction of the said
building from all the concerned competent authorities and the
construction of the building as well as of the flat are in
accordance with the approved plans. We have not made any sub
divisions in the flat after the plans have been approved by the
Municipal Corporation. The flat is meant for residential purposes
as per the sanctioned plan.
We assure you that the said flat as well as the said building and
the land appurtenant thereto are not subject to any encumbrance,
charge or liability of any kind whatsoever and that the entire
property is free and marketable. We have a clear, legal and
marketable title to the said property and every part thereof.
We are aware that the said Mr./Mrs./Ms. ________________ has
approached ICICI Group Enterprise for a loan for
purchasing/acquiring the said flat and that ICICI Group Enterprise
has agreed to sanction / grant the loan to Mr./Mrs./Ms.
________________________________________ to purchase /
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acquire the above flat and Mr./Mrs/Ms. _________________ has
agreed to mortgage the said flat in your favour / in favour of your
security trustee as security for the said loan. We hereby confirm
that
we
have
“No
Objection”
to
Mr/Mrs/Ms_____________________________
_________________________ mortgaging the said flat to you /
in favour of your security trustee by way of security for repayment
of the said loan.
AND Notwithstanding anything to the contrary contained in the
said Agreement for sale, we hereby agree to note the said charge
in our books in respect of the said flat and
Mr/Mrs/Ms
______________________________ will not be permitted to
transfer, assign, sell off, cancel or in any other way/manner deal
with the said flat prejudicial to the interest of IHFC / its security
trustee, without the prior written consent of IHFC / its security
trustee. We undertake that as soon as the registration formalities
are completed, we will send the registry documents to IHFC / its
security trustee directly.
We also undertake to inform and give proper notice to the cooperative housing society as and when formed, about the flat
being so mortgaged.
Yours faithfully,
For ___________________ (Builders)
(Signatures)
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