Affidavit Format for Property Mortgage Against Loan in Word

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Affidavit Format for Property Mortgage Against Loan




M/s Stabnet Traders Limited

14/5 N S Road,

Borivali, Mumbai – 400001




I/We,______________________________________ Having its R/O at _____________________________________by its authorized Director__________________________  s/o_______________________  r/o ____________________________ (as applicable), the deponent (the “Mortgagor”) herein doth hereby solemnly state, affirm and declare on oath as under:-


________________________Pvt Ltd. Having its R/O at __________________________________________by its authorized Director ______________________________  s/o of ___________________________  r/o _________________________ (as applicable) (“Borrower(s)”) have availed a loan facility for an amount of Rs__________________________/-                                                                      (Rupees_____________________________________________only) (hereinafter referred to as the “Facility”), on the terms conditions and stipulations mentioned in the Facility Agreement dated _____   and any other agreement and/or documents executed/to be executed, inter alia, between the Borrower(s)  and Religare Finvest Limited having its registered office at 15E-3, 53A, Borivali, Mumbai (hereinafter referred to as the “RFL”, which expression shall unless repugnant to the context or meaning thereof be deemed to include its assigns, nominees and successors in interest). That the Facility has been/is to be secured by way of equitable / registered mortgage created or to be created on the property bearing no. property admeasuring about _______________________________ under municipal Ward no.__ within the limits of Kolkata Municipal Corporation (hereinafter referred to as the “Property”) owned by the Mortgagor.


1.             That the Mortgagor say that he/she/it is the absolute owner, and that the Mortgagor is in peaceful possession of the Property and the said Property is free from all encumbrances, attachments, charges, mortgages, liens, lease, lis–pendens, agreement to sell, gifts, trusts or third party claims of any nature whatsoever, etc. and the deponent/Mortgagor is competent to mortgage the Property in favor of RFL.


2.             That the Mortgagor has not assigned, transferred, leased out, encumbered the Property or have handed over the possession thereof to a third party or parties and shall not assign, transfer, lease, encumber, handover possession, or create any interest of any nature whatsoever etc. on the Property in favour of any third party or parties without prior written permission from the RFL.


3.             That the Property has been constructed and developed in accordance with the sanctioned layout plan vide ref no. __________________________ as approved by ______ and there is no deviation or violation of any provision of any laws / statutes / bye laws etc. and the Mortgagor is in compliance of all the laws applicable on the construction, possession, maintenance, usage of the Property.


4.             That all the dues w.r.t. the property tax, water tax, wealth tax, income tax, electricity bill, telephone bill etc. pertaining to the said Property have been paid up to date and there is no proceeding going on in any court, tribunal, quasi-judicial body, regulatory or revenue authority in respect of the Property for recovery of any such tax / dues.


5.             That the Mortgagor declare and undertake to indemnify and keep RFL indemnified from all losses, cost, penalty, fees, damage etc. on account of RFL


6.             having proceeded based upon any of the Mortgagor’s averments in this affidavit.


7.             That the Mortgagor/deponent has fully understood the contents of the averments contained in paras 1 to 7 of this affidavit, which are true to the best of knowledge and belief of the Mortgagor, and nothing material has been concealed/suppressed therefrom and no part of it is false, and that the Mortgagor accordingly swear this affidavit and verify its content on this __ day of ___   , at Mumbai.




Verified on this _____________, at Mumbai that the contents of this affidavit are true and correct to the best of my knowledge and nothing has been suppressed and concealed therefrom.




Sworn before the learned Notary at [Mumbai]



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