Fillable Printable Form of Mortgage Deed

Form of Mortgage Deed

FORM OF MORTGAGE DEED TO BE EXECUTED

WHEN THE PROPERTY IS FREEHOLD

The indenture made this _________ day of ____________ 200 (Two thousand

_______________) between Shri/Smt _________________Son/Daughter/Wife of

Shri/Smt _________________________at present employed as _______________________in

the Ministry/Office of ____________________________________at ____________________

(hereinafter called “THE MORTGAGOR” which expression shall unless excluded by a or

repugnant to the subject or context, include his/her heirs, executors, administrators and assigns)

of the ONE PART and THE PRESIDENT OF INDIA (hereinafter called “THE

MORTGAGEE” which expression shall, unless excluded or by repugnant to the subject or

context include his successors in office and assigns) of the OTHER PART.

WHEREAS the MORTGAGOR is the sole and absolute beneficial owner and is seized

and possessed of or otherwise well and sufficiently entitled to the land and/or house

hereditaments and premises hereinafter described in the Schedule hereunder written and for

greater clearness delineated on the plan annexed hereto and thereon shown with the boundaries

thereof coloured ______________and expressed to be hereby conveyed, transferred and

assured (hereinafter referred to as “the said Mortgaged Property”)

AND WHEREAS The MORTGAGOR applied to the MORTGAGEE, for an advance

of Rs. _________

(Rupees___________________________________________________ only) for the purpose

of enabling the MORTGAGOR:-

*(1) to purchase land and to construct a house thereon or (to enlarge living

accommodation in the existing house on the said hereditaments).

*(2) to construct a house on the said hereditaments, or (to enlarge living

accommodation in the house on the said hereditaments).

*(3) to purchase a ready-built aforesaid house.

AND WHEREAS the Mortgagee agreed to advance to the Mortgagor the said sum of

Rs._______________(insert full amount) vide the Ministry/Office letter No.

________________________ dated ________

a copy of which is annexed to

these presents for the purpose aforesaid on the terms and conditions set forth therein etc.

AND WHEREAS one of the conditions for the aforesaid advance is that the Mortgagor should

secure the repayment of the said advance and due observance of all the terms and conditions

contained in the “Rules to regulate the grant of advances for Central Government servants for

building, etc. of houses” issued by the Government of India, Ministry of Works, Housing and

Supply with their O.M. No. H II-27(5)/54 dated the 12

April 1956 (hereinafter referred to as

“said Rules” which expression shall, where the context so admits include any amendment

thereof or addition thereto for the time being in force) by a mortgage of the property described

in the schedule hereunder written.

contd..2..

-: 2 :-

AND WHEREAS THE MORTGAGEE

(1) has sanctioned to the MORTGAGOR an advance of Rs. _______________(Rupees

_________________________________only) payable by such installments and in the manner

as hereinafter appearing.

(2) has paid to the MORTGAGOR an advance of Rs. ___________________(Rupees

______________________________________only) on _______________________and in the

manner provided in the said Rules upon having the repayment of the loan with interest and

observance of all the terms and conditions contained in the said Rules as hereinafter mentioned

secured in the manner hereinafter appearing.

AND WHEREAS THE MORTGAGOR is to receive from the Mortgagee the aforesaid advance

in the following instalments: -

**Rs. __________________ already received on ____________________________

*Rs. ___________________ on the execution of this indenture by the Mortgagor in

favour of the Mortgagee.

**Rs. ___________________ when the construction of the house reaches plinth level.

**Rs. ___________________ when the construction of the house reaches roof level,

provided the Mortgagee is satisfied that the development of the area in which the house

is built is complete in respect of the amenities such as water supply, street lighting,

roads, drainage and sewerage.

NOW THIS INDENTURE WITNESSETH as follows: -

(i) (a) In pursuance of the said Rules and in consideration of the said advance sanctioned/paid

by the MORTGAGEE to the Applicant MORTGAGOR pursuant to the provisions contained in

the said Rules the MORTGAGOR DOTH hereby covenant with the MORTGAGEE that the

MORTGAGOR shall always duly observe and perform all the terms and conditions of the said

Rules and shall repay to the MORTGAGEE the said advance of Rs.________________

(Rupees __________________________________________ only) by**_________________

monthly installments of Rs._______________ (Rupees __________________________

__________________________ only) from the pay of the Mortgagor commencing from the

month of _________________(Two thousand _________________) or from the month

following the completion of house, whichever is earlier, and the mortgagor hereby authorises

the Mortgage to make deductions from his monthly pay/leave salary/subsistence allowance of

the amount of such installments and the Mortgagor shall after paying the full amount of the

advance also pay interest due thereon in ___________________monthly installment in the

manner and on the terms specified in the said Rules, provided that the Mortgagor shall repay

the entire advance with interest in full before the date on which he is due to retire from service,

failing which the Mortgagee shall be entitled to enforce this security of the Mortgage at any

time thereafter and recover the balance of the advance then due together with interest and costs

of recovery by sale of the mortgaged property or in such other manner as may be permissible

under the law. It will, however, be open to the Mortgagor to repay the amount in a shorter

period.

contd…3..

-: 3 :-

(i) In pursuance of the said Rules and in consideration of the said advance sanctioned/paid by

the MORTGAGEE to the MORTGAGOR pursuant to the provisions contained in the said

Rules the MORTGAGOR DOTH hereby convenant with the MORTGAGEE that the

Mortgagor shall always duly observe and perform all the terms and conditions of the said Rules

and shall repay to the MORTGAGEE the said advance of Rs._____________________

(Rupees ______________________________only) by _______________monthly instalments

of Rs. ________________ from the pay of the Mortgagor commencing from the month

of__________________ year __________________ or from the month following the

completion of the house whichever is earlier, till the date of his superannuation and the balance

then remaining outstanding on his superannuation together with the interest on the amount

advanced from the date of the advance to the date of repayment from his gratuity/death-cum-

retirement gratuity and the Mortgagor hereby authorizes the Mortgagee to make deduction from

his monthly pay/leave salary/subsistence allowance of amount of the instalments and from his

gratuity/death-cum-retirement gratuity of such of the balances remaining unpaid at the date of

his de4ath/retirment/superannuation as herein before mentioned, failing which the Mortgagee

shall be entitled to enforce this security of the Mortgage at any time thereafter and recover the

balance of the advance then due together with interest and costs of recovery by sale of the

Mortgaged property or in such other manner as may be permissible under the law. It will,

however, be open to the Mortgagor to repay the amount in a shorter period.

NOTE-(Delete Clause (i) (a) or (i) (b) whichever is inapplicable).

(ii) If the MORTGAGOR shall utilise the advance for a purpose other than that for which

the advance is sanctioned or if the MORTGAGOR shall become insolvent or shall cease to be

in service for any reason other than normal retirement, superannuation or if he dies before

repayment of the advance in full or if the MORTGAGOR shall fail to observe or perform any

of the terms, conditions and stipulations specified in the said Rules and on his part to be

observed and performed then and in any such cases the whole of the principle amount of the

advance or so much thereof as shall then remain due and unpaid shall become payable

forthwith to the MORTGAGEE with interest thereon at __________ per annum calculated

from date of the payment by the MORTGAGEE of the first installment of the said advance.

Notwithstanding anything contained herein, if the Principal Mortgagor utilises the advance for

a purpose other than that for which the advance is sanctioned, it shall be open to the Mortgagee

to take such disciplinary action against the Mortgagor as may be appropriate under the Rules of

service applicable to the Mortgagor.

(iii) In further pursuance of the said Rules and for the consideration aforesaid and to secure

repayment of the aforesaid advance and interest as shall at any time or times hereinafter be due

to the MORTGAGEE under the terms of these presents the MORTGAGOR doth hereby grant,

convey, transfer, assign and assure unto the MORTGAGEE AND SINGULAR the said

Mortgaged property fully described in the schedule hereunder written together with buildings

erected or to be erected by Mortgagors on the said Mortgaged property or materials for the time

being thereon with all rights, easements and appurtenances to the said Mortgaged property or

any of them belonging TO HOLD the said Mortgaged property with their appurtenances

including all erections and buildings erected and built or to be erected and built hereafter on the

said Mortgaged property or materials for the time being thereon unto and to the use of the

mortgagee absolutely for ever free from all encumbrances. SUBJECT NEVERTHELESS to

the proviso for redemption hereinafter contained Namely that if the MORTGAGOR shall duly

pay to the MORTGAGEE the said principal sum and interest hereby secured in the manner

contd…4..

-: 4 :-

therein provided and also the other Moneys (if any) determined to be payable by the

MORTGAGOR to the MORTGAGEE under the terms and conditions of the said Rules, then

the MORTGAGEE will at any time thereafter upon the request and at the cost of the

MORTGAGOR reconvene, transfer and reassure the said Mortgaged property unto and to the

use of the Mortgagor or as he may direct.

(v) AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED that if there shall be

any breach by the MORTGAGOR of the covenants on his part herein contained or if the

MORTGAGOR shall become insolvent or shall cease to be in service for any reason other than

normal retirement/superannuation or if he dies before all the dues payable to the Mortgagee

under the presents together with interest thereon shall have been fully paid off or if the said

advance or any part thereof becomes payable forthwith under these presents or otherwise then

and in any of such cases it shall be lawful for the MORTGAGEE without intervention of the

Court to sell the said Mortgaged property or any part thereof either together or in parcels and

either by public auction or by private contract with power to buy in or rescind any contract for

sale and to resell without being responsible for any loss which may be occasioned thereby and

to do and execute all such acts and assurances for effectuating any such sale as the

MORTGAGEE shall think fit AND IT IS HEREBY declared that the receipt of the

MORTGAGEE for the purchase money of the premises sold or any part thereof shall

effectually discharge the purchaser or purchasers there from AND IT IS HEREBY declared

that the MORTGAGEE shall hold the money to arise from any sale in pursuance of the

aforesaid power upon TRUST in the first place there out to pay all the expenses incurred on

such sale and then to pay moneys in or towards the satisfaction of the moneys for the time

being owing on the Security of these presents and the balance if any to be Mortgagor.

(vi) The MORTGAGOR hereby convenient with the MORTGAGEE as follows:-

(a) That the MORTGAGOR now hatch in himself good-right and lawful authority to grant,

convey transfer assign and assure the MORTGAGED property unto and to the use of the

MORTGAGEE in manner aforesaid.

(b) That the Mortgagor shall carry out the construction of the house/additions to living

accommodation in the aforesaid house exactly in accordance with the approved plan and

specifications on the basis of which the above advance has been computed and sanctioned

unless a departure there from is permitted by the Mortgagee. The Mortgagor shall certify,

when applying for installments of advance admissible at the plinth/roof level, that the

construction is being carried out in accordance with the plan and estimates by him to the

Mortgagee, that the construction has reached plinth/roof level and that the amount already

furnished drawn out of the sanctioned advance has actually been used on the construction of the

house. He will allow the Mortgagee to carry out either by himself or through his representative

an inspection to verify the correctness of the aforesaid certificates. If a false certificate is

furnished by the Mortgagor, he will be liable to pay to the Mortgagee forthwith the entire

advance received by him together with interest thereon at ______per annum and further will

also be liable to appropriate disciplinary action under the rules of service applicable to the

Mortgagor.

contd..5..

-: 5 :-

living accommodation in the aforesaid house within eighteen months on

________________ unless an extension of time is allowed in writing by the

Mortgagee. In case of default the Mortgagor shall be liable to repay forth with the

entire amount advanced to him together with interest calculated under the said Rules,

in one keep sum. The Mortgagee shall report to the Mortgagee the date of

completion of the house and furnish a certificate to the Mortgagee that the full

amount of the advance has been utilised for the purpose for which it was sanctioned.

NOTE – Clauses (b) and (c) are not applicable when the advance is for the purchase of ready

built houses/flats for repayment of loans taken by an applicant for the construction or purchase

of a house/flat.

(d) That the Mortgagor shall immediately insure the house at his own cost, with the Life

Insurance Corporation of India, for a sum not less than amount of the aforesaid advance and

shall keep it so insured against loss or damage by fire, flood and lightning as provided in the

said Rules till the advance is fully repaid to the Mortgagee and deposit the policy of insurance

with the Mortgagee. The Mortgagor shall pay regularly the premium in respect of the said

insurance from time to time and will then be required to produce to the MORTGAGEE the

premium receipts for inspection. In the event of failure on the part of the MORTGAGOR to

effect the insurance against fire, flood and lighting, it shall be lawful but not obligatory for the

MORTGAGEE to insure the said house at the cost of the MORTGAGOR and add the amount

of the premium to the outstanding amount of the advance and the MORTGAGOR shall

thereupon be liable to pay interest thereon as if the amount of premium had been advanced to

him as part of the aforesaid advance at ________ per cent till the amount is repaid to the

MORTGAGEE OR is recovered as if it were an amount covered by the security of these

presents. The Mortgagor, shall give a letter to the Mortgagee as often as required, addressed to

the Insurer, with which the house is insured with a view to

enable the Mortgagee to notify to the Insurer the fact that the Mortgagee is interested in the

insurance policy secured.

(e) That the Mortgagor shall maintain the aforesaid house in good repair at his own cost

and shall pay all the Municipal and other local rates, taxes and all other outgoing in respect of

the Mortgaged property regularly until the advance has been repaid to the Mortgagee in full.

The Mortgagor also furnish to the Mortgagee an annual certificate to the above effect.

(f) The Mortgagor shall afford full facility to the Mortgagee for carrying out inspections

after completion of the house to ensure that it is maintained in good repair until the advance has

been repaid in full.

(g) The Mortgagor shall refund to the Mortgagee any amount together with interest, if any,

due thereon drawn on account of the advance in excess of the expenditure incurred, for which

the advance was sanctioned.

contd…6..

-: 6 :-

(h) That the Mortgagor shall not during the continuance of these present charge, encumber,

alien or other wise dispose of the Mortgaged property. However, if the Mortgagor covenants to

create a second mortgage in favour of any other financial institution, he shall not do so without

obtaining the prior permission of the Mortgagee and on the consent being given, the draft of the

second mortgage will be submitted to the Mortgagee for approval. Provided always that in the

event of the Mortgagor creating a second Mortgage on the same premises only by deposit of

title deeds in favour of a financial institution including HDFC or a Bank, the Mortgagee may, at

the written request of the Mortgagor and the financial institution concerned to this Mortgagee,

hand over such document of title to the said premises as are in possession of this Mortgagee, to

the said financial institution for the sole purpose of creating the said proposed second

Mortgage. It is a strict condition that before the said documents of title are handed over by the

Mortgagee to the said financial institutions as herein before provided, that the said financial

institution and the Mortgagor shall assure and undertake to the Mortgagee in writing in such

form as may be determined by this Mortgagee that: -

(i) the said documents of title shall be held and retained by the financial institution concerned

only as a second Mortgage subject and subordinate to the rights of this Mortgagee hereunder.

(ii) the said financial institution shall not at any time or for any reason part with such title

deeds without written consent of this Mortgagee first hand and obtained and on such conditions

as may be imposed by this Mortgagee at its discretion.

(iii) after at any time, the said financial institution ceases to be second Mortgagee of the said

premises, the said financial institution shall be obliged to return the said title deeds to this

Mortgagee only, whether or not any demand in his behalf is made by this Mortgagee.

(iv) the said financial institution shall produce or cause to be produced the said title deeds as

and when required by this Mortgagee for any reason whatsoever regardless of whether the said

proposed second Mortgage due to be in existence or otherwise discharged, this will be in the

understanding that as soon as the purpose is served the same shall be returned by the Mortgagee

to the financial institution, to be dispensed subject to these conditions.

(v) nothing in these provisions shall be construed to create any financial or other

obligations or liabilities in this Mortgagee, vis-à-vis the said financial institution or shall in any

manner alter, abridge or abrogate the rights of this Mortgagee hereunder, who shall always be

and continue to be the paramount Mortgagee.

contd...7..

-: 7 :-

(j) Notwithstanding anything contained herein, the Mortgagee shall be entitled to recover

the balance of the advance with interest remaining unpaid at the time of his retirement or death

preceding retirement from the whole or any specified part of the gratuity that may be

sanctioned to the Mortgagor.

Schedule above Referred to

(To be filled in by Mortgagor)

IN WITNESS WHEREOF THE MORTGAGOR has hereunto set his hand and

_______________________________________________ in the Ministry/Office the

JS(Trg)&CAO, Ministry of Defence for and on behalf of the President of India has hereunto

set his hand.

Signed by the said Mortgagor __________________________________________

In the presence of :

Ist Witness :

Address :

Occupation :

Witness :

Address :

Occupation :

Signed by _______________________________________________ in the Ministry/Office of

the JS (Trg) &CAO, Ministry of Defence for and on behalf and by order and direction of the

President of India.

In the presence of :

Ist Witness :

Address : AO, CAO/FMG

Occupation : Govt Service

Witness :

Address : SAO, CAO(MF)

Occupation : Govt Service