Mortgage

SIMPLE MORTGAGE DEED
This DEED OF MORTGAGE is made and executed at ______ on this _______

day of ______________, Two Thousand _______
BETWEEN
.......... ,PAN NUMBER………. ,EPIC/Passport /OCI/CIO/PIO No………., Adhar

No……….. son / wife / daughter of ………. residing at
……………..by faith…………… , by Occupation …………. , by
Nationality……………….,
Herein after referred to and called as the “MORTGAGER(s) ”
(which expression shall unless repugnant to the context or meaning thereof,
be deemed to mean and include their legal heirs, executors and administrators
) one part
AND
(NAME OF THE FINANCIAL ISTITUTION)---------------------PAN

NO------------------------------represented by Designation of Authorized signatory
( with all addition) -----------------PAN NO---------------------------- Address:-
----------------------------------------
Mobile No.------- Email id No. -…….. hereinafter called the “Mortgagee” (which
expression shall unless excluded by or repugnant to the subject or context
include its successors, transferees-in-interest and assigns ) the other part.
AND WHEREAS the mortgagor is the sole and absolute owner of immovable
Property described in Schedule hereunder, and hereinafter referred to as the
‘said Property’
Whereas, the Mortgagor is the absolute owner, having acquired the property,
by___________(History of ownership i.e details of succession or acquisition
by way of Sale/ Gift/ Partition/ Settlement/ Exchange/ Court Decree/ Auction
Sale etc…)________ and since then Mortgagor has been in possession and
enjoyment of the schedule property and paying taxes and levies thereon, as
sole and absolute owner thereof.
Whereas Mortgagor being in need of money for the purpose of loan Mortgagor
requested the Mortgagee to lend him a sum of Rs.___________ which the
Mortgagee has agreed to do on the Mortgagor executing these presents with a
view to secure the repayment thereof with interest as hereinafter provided.
AND WHEREAS mortgagor assured unto the mortgagee that he/she would pay
the said amount which is an outstanding debt payable from the mortgagor to
the mortgagee along with interest thereon;
AND WHEREAS the mortgagees have agreed to grant loan up to Rs. ---------- /-
FROM TIME TO TIME to the mortgagors agreeing to utilize the amounts so
advanced for the purpose applied for and on such terms and conditions as the
mortgagees may stipulate from time to time and on the mortgagees securing
the same by executing a mortgage of their immovable property
AND WHEREAS the mortgagee agreed to give time to the mortgagor so as to

enable him/her/them to make the payment of the aforesaid debt; however,
the mortgagee insisted on the mortgagor so as to furnish unto the mortgagee
security for this payment of debt;
AND WHEREAS considering the cooperation extended by the mortgagee by

giving time to the mortgagor the payment of the debt, the mortgagor readily
agreed to confer such a security unto the mortgagee;
AND WHEREAS the parties hereto had due deliberations and discussions, and
the mortgagor has agreed to mortgage the said property in favour of the
mortgagee as a collateral security;
NOW,THIS DEED WITNESS as follows:
1) That the mortgagor does hereby mortgage the said property in favour of
the mortgagee subject to the terms and conditions stated in this deed.
2) That the mortgagor is liable to pay unto the mortgagee an amount of
Rs. --------------- as a debt, and for the purpose of securing repayment
of this debt, mortgage the said property in favour of the mortgagee.
3) That the mortgagor hereby agrees to repay the said amount of debt
within a period of -------- years from execution of this deed
4) That the mortgagor hereby assures to pay unto the mortgagee the said
amount of Rs. -------------- along with interest thereon at the rate of
------------% per annum. And the Mortgagor would also repay loan
amount with interest to Mortgagee at. Rs.------ yearly/monthly/quarterly
installment
5) That the mortgagor assures unto the mortgagee that the said property is
his/her absolute property, and no one else has any right, title or interest
in the same. The mortgagor hereby assures unto the mortgagee that the
said property is free from any encumbrances.
6) That the mortgagor hereby assures unto the mortgagee that he/she will
not deal with the said property in any manner so as to prejudicially
affect the rights of the mortgagee.
7) And it is further agreed and declared by the Mortgagor that he shall also
be liable to pay and shall pay all the costs, charges and expenses that the
Mortgagee will incur for the protection of the mortgage security and or
for the realization of the mortgage amount and the same shall be
deemed to form part of the mortgage amount and the security therefore
as aforesaid
8) That in the event, if the mortgagor fails to repay the aforesaid amount of
debt along with interest thereon, then the mortgagee shall be entitled to
claim foreclosure of the mortgage, and in the default of the mortgagor,
the mortgagee shall be entitled to enforce all such remedies available
against the mortgagor as are available to the mortgagee under simple
mortgage
9) All the obligations of the Mortgagor and all the rights and remedies and
powers of the Mortgagee under the law for the time being in force
except so far as they be expressly varied or may be inconsistent with
these presents shall be deemed to be incorporated in these presents.
PROVIDED THAT the provision of Sections 61, 65A and 67A, respectively,
of the Transfer of Property Act, 1882, shall not apply to these presents
or to the Mortgagor or the Mortgagee inters and this shall be deemed a
contract to the contrary for the purpose of these sections.
10) And this deed further witnesseth that in consideration aforesaid,
the Mortgagor hereby mortgage his said scheduled property hereunder
written as a security for repayment of the said sum with interest and all
other moneys due and payable hereunder with a condition that on the
Mortgagor repaying the said principal sum of Rs. …………………………………..
with all interest and other amount due to the Mortgagee (hereinafter
referred to as the Mortgage amount) the Mortgagor will redeem the
said scheduled property from the mortgage security and shall if so
required by the Mortgagor execute a deed of re-conveyance but at the
costs of the Mortgagor.
THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO
(same as the schedule as written in SALE DEED as applicable in this case )
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed
their respective hands and seals after understanding the contents of this Deed
of Mortgage on the day, month and year first above written.
______________________________
Signature of the Mortgagor
______________________________
Signature of the Mortgagee
WITNESSES :
SIGNED, SEALED AND DELIVERED
by the Parties at ___________ in the presence of :
1.
2
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Mortgage

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SIMPLE MORTGAGE DEED

This DEED OF MORTGAGE is made and executed at on this _

.......... ,PAN NUMBER………. ,EPIC/Passport /OCI/CIO/PIO No………., Adhar

(NAME OF THE FINANCIAL ISTITUTION)---------------------PAN

AND WHEREAS the mortgagee agreed to give time to the mortgagor so as to

AND WHEREAS considering the cooperation extended by the mortgagee by

NOW,THIS DEED WITNESS as follows:

THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO

(same as the schedule as written in SALE DEED as applicable in this case )

Signature of the Mortgagor

Signature of the Mortgagee

SIGNED, SEALED AND DELIVERED

by the Parties at ___________ in the presence of :

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