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 1 1 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 2 1 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 / 3 1 050506-V.1 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) 4 1 050506-V.1