SIMPLE MORTGAGE DEED

SIMPLE MORTGAGE DEED

            This Deed of Mortgage made at ...................... this ................ day of ................... Between X, son of ............................... resident of ............................ hereinafter called as a mortgagor of the ONE PART and Y, son of ...................... resident of .................. hereinafter called as a mortgagee of the OTHER PART.

            WHEREAS the mortgagor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the house bearing municipal no................ situated on ........................ Road, ....................... more particularly described in the Schedule hereunder written;

            AND WHEREAS the mortgagor has requested the mortgagee to lend him a sum of Rs. ........................ which the mortgagee has agreed on the mortgagor mortgaging his property.

            NOW THIS DEED WITNESSETH THAT in pursuance to the said agreement and in consideration of the sum of Rs. .................. at or before the execution of these presents paid by the mortgagee to the mortgagor (the receipt whereof, the mortgagor doth hereby admit and acknowledge and of and from the same hereby release and discharge the mortgagee), the mortgagor hereby covenants with the mortgagee that he will pay on the ..................... day of .................  (hereinafter called "the said date"), the said sum of Rs. ................. with interest @  ........ % per annum from the date of these presents till the repayment of the said sum in full, every quarter the first installment of interest to be paid on the ................... day of .......... 2000 and each subsequent installment on the ................ day of July, October, January and April of each succeeding year until the said sum is repaid in full.

AND THIS DEED FURTHER WITNESSETH THAT

In consideration aforesaid, the mortgagor doth hereby transfer by way of mortgage his house bearing municipal no .................  situated on   .............. Road . ...................... and more particularly described in the Schedule hereunder written as a security for repayment of the said sum with interest @ ................ per annum with the condition that the mortgagor, his heirs, executors, administrators or assigns shall on the said the pay to the mortgagee, his heirs, executors, administrators or assigns the said sum of Rs .............. together with interest thereon at the rate mentioned above, the said mortgagee, his heirs, executors, administrators, or assigns shall at any time thereafter upon the request and at the cost of the mortgagor, his heirs, executors, administrators or assigns reconvey the said house, hereinbefore expressed to be mortgaged unto or to the use of the mortgagor, his heirs, executors, administrators or assigns or as he or they shall direct.

AND IT IS HEREBY AGREED AND DECLARED that if the mortgagor does not pay the said mortgage amount with interest when shall become due and payable under these presents, the mortgagee shall be entitled to sell the said house through any competent court and to realise and receive the said mortgage amount and interest, out of the sale proceeds of the house.

AND IT IS FURTHER AGREED AND DECLARED by the mortgagor that during the period, the mortgage amount is not paid and the said house remains as a security for the mortgage amount, the mortgagor shall insure the said house and take out an insurance policy in the joint names of the mortgagor and mortgagee and continue the said policy in full force and effect by paying premium and in case of default by the mortgagor to insure or to keep the insurance policy in full force and effect, the mortgagee can insure the said house and the premium paid by the mortgagee will be added to the mortgage amount, if not paid by the mortgagor on demand.

AND IT IS FURTHER AGREED THAT the mortgagor can grant lease of the said house with the consent of the mortgagee in writing.

AND IT IS FURTHER AGREED BY THE MORTGAGOR that he shall bear stamp duty, registration charges and other out of pocket expenses for the execution and registration of this deed and reconveyance deed but however each party will bear cost and professional charges of his Solicitor/Advocate.

IN WITNESS WHEREOF the parties have put their hands the day and year first hereunder written.

The Schedule above referred to

Signed and delivered by X the within named mortgagor

Signed and delivered by Y the within named mortgagee

WITNESSES;

1.

2.

SIMPLE MORTGAGE DEED IN THE FORM OF A DEED POLL

SIMPLE MORTGAGE DEED IN THE FORM OF A DEED POLL

I, X ................ son of ...................... resident of      ................... has borrowed a sum of Rs. ............. (Rupees ...............................) from Y, son of ...................... resident of and 1 hereby promise to pay Rs. ................ with interest at the rate of           .......... % per annum on ........... hereinafter called the due date.

            And as a collateral security and for the consideration aforesaid, I hereby transfer by way of simple mortgage all that property described in the Schedule hereto hereinafter referred to as the said property with the intent that in case default is made in payment of the mortgage money on the due date, the said Y shall be entitled to sell the said property and realise and receive the whole or the balance or any sum payable from me under these presents.

And I, X assure and covenant with Y that 1 am seized of or otherwise well and sufficiency entitled to the said properly and there is no encumbrance or charge thereon.

IN WITNESS WHEREOF, the mortgagor has put his hand on this ................ day of ............ 2000.

The schedule above referred to

                                               

MORTGAGOR

WITNESSES;

1 .                                                                                                                                                                                             

2 .                                                                                                                                                       

SIMPLE MORTGAGE BY MANAGER OF JOINT HINDU FAMILY FOR LEGAL NECESSITY

SIMPLE MORTGAGE BY MANAGER OF JOINT HINDU FAMILY

FOR LEGAL NECESSITY

            THIS MORTGAGE is made at .................. on the ....................... day of .................. 19 ...... between X etc., Y etc., Z etc. and A etc. acting through X, the manager of joint Hindu family, hereinafter called the mortgagors, of the ONE PART and B, son of ...................  resident of    ...................... hereinafter called the mortgagee of the other part.

            WHEREAS the said X, Y, Z and A form a joint Hindu family governed by the Mitakshara school of Hindu law and A is the manager or karta of the said joint Hindu family.

            AND WHEREAS X, Y and Z are the major sons of A;

            AND WHEREAS the property bearing No. .......... situated at, .................................................  within the Registration District and Sub Registrar of .................. hereinafter called the said property, is owned by the said joint Hindu family;

            AND WHEREAS the joint Hindu family carries on the business of .................................... at .................. under the name and style of M/s. .....................................

            AND WHEREAS the mortgagors are in need of Rs. ..................  for purposes of their business, marriage of daughter of Shri X, and repairing of the joint Hindu family properties, which they are not able to arrange and therefore the mortgagors requested the mortgagee to lend Rs. .................. for the aforesaid purposes;

            AND WHEREAS the mortgagee after satisfying about the title of the said  property and bona fide requirement of the loan amount for a legal necessity, has agreed to lend the said sum at the interest of ............... per cent per annum on the mortgagors securing the repayment of the same by mortgage of the said property.

            NOW THIS DEED WITNESSETH that in pursuance of the said agreement and in consideration of the sum of Rs. .................. at or before the execution of these presents paid to the mortgagors by the mortgagee (the receipt whereof the mortgagors do hereby admit and acknowledge), hereinafter called the mortgage amount, the mortgagors covenant with the mortgagee that they will pay to the mortgagee on the .................. day of .................. (hereinafter called the due date) the said sum of Rs. .................. with interest for the same in the meantime at the rate of   .................. % per annum from the date of these presents by quarterly payments, first of such payments shall be made on the .................. day .................. now and the subsequent payment shall be made at the expiration of three months thereafter, so long as the said sum of Rs. .................. or any part thereof shall remain unpaid to the mortgagee, interest for the same at the rate mentioned above.

            And the mortgagors further covenant with the mortgagee that if any installment of interest is not paid on the due date, the mortgagors will be liable to pay interest on the said installment in default at the same rate as aforesaid from the date of default until payment of such installment as and by way of compound interest provided that the payment of compound interest will not prejudice or affect the mortgagee's rights or remedies vested in him by law or by this deed. And it is also agreed that in the event of the mortgagors committing default in payment of any four installments of interest or in payment of the principal and interest on the due date or committing breach of any other term of these presents, the whole amount of principal then due with interest thereon, will at the option of the mortgagee become payable forthwith as if the said due date has expired.

            AND THIS DEED FURTHER WITNESSETH that in consideration aforesaid, the mortgagors hereby transfer by way of simple mortgage to the mortgagee the said property described in the Schedule hereunder written belonging to the mortgagors with the intent that the said property shall remain and to be charged as security for the payment to the mortgagee of the said mortgage money, interest and costs payable under these presents.

2.            The mortgagors hereby covenant with the mortgagee as follows:

(a)  That the mortgagors are absolutely seized and possessed of or otherwise well and sufficiently entitled to the said property and the said property is free from encumbrances.

(b)  That during the pendency hereby created and until repayment of mortgage amount, the mortgagors will get insured and keep insured the said properly against loss and damages due to fire and other accident for a sum of Rs. .................. with  ..................  Insurance Co. Ltd., .................. Bombay in the joint names of mortgagors and mortgagee and shall hand over the insurance policy to the mortgagee.

(c)  That in the event of the mortgagors failing to pay the said mortgage amount, interest and cost when the same shall become due and payable under these presents, the mortgagee will be entitled to have the said property sold through the court having jurisdiction and to realise and receive the said mortgage amount, interest and cost out of the net sale proceeds of the said property.

             

3.         Provided always that it is hereby agreed between the parties that if the mortgagors pay to the mortgagee the sum of Rs. .................. with interest on the due date, then the mortgagee shall upon the request and at the costs, expenses and charges of the mortgagors, reconvey the said property hereby granted or expressed so to be unto and to the use of the mortgagors or as they direct.

           

4.         It is hereby declared that for the purposes of these presents, the expressions "mortgagors" and "mortgagee" shall include their or his legal heirs, administrators, executors or assigns.

            IN WITNESS WHEREOF the parties hereto have hereunto put their signatures, the day and year first above written.

The Schedule above referred to

Signed and delivered by X, Y, Z and

A, the within named mortgagors

Signed and delivered by B,

the within named mortgagee

WITNESSES

1 .                                                                                                                                                                                             

2 .

SECOND MORTGAGE

SECOND MORTGAGE

THIS MORTGAGE made at ..................... the ...........  day of ....................., 2000, between A, son of ..................................... resident of ................ hereinafter referred to as the Mortgagor, of the ONE PART and B, son of ..................... resident of .................... hereinafter referred to as the Mortgagee of the SECOND PART.

WHEREAS by a Deed of Mortgage dated the ..................... between A of the ONE PART and C of the OTHER PART and registered with the Sub- Registrar of ........... under No. ..................... of ..................... 19 ....... on  ..................... day of ..................... 19 ..... the said A, as owner of the property described in the Schedule hereto, mortgaged the same to Shri C for Rs. ..................... with interest at the rate of ......... % p.a. subject to the redemption of the premises upon payment by the said A, his heirs, executors, administrators or assigns unto the said C, his heirs, executors, administrators or assigns, of the sum of Rs. ..................... with interest at the rate of ........... % p.a. on the ..................... day of   .....................  19 .......

            AND WHEREAS the said A, the Mortgagor could not pay the mortgage money and interest due and payable thereon to the mortgagee.

            AND WHEREAS the said A, the Mortgagor has requested the Mortgagee to lend a sum of Rs. ..................... subject to the first mortgage hereinbefore mentioned.

            AND WHEREAS the said Mortgagee has agreed to lend to the said Mortgagor a sum of Rs. ................. at interest of .......... % per annum and having the repayment thereof secured to him by second mortgage.

            NOW THIS INDENTURE WITNESSETH THAT in pursuance of the said agreement and in consideration of the said sum of Rs. ..................... lent and advanced by the Mortgagee to the Mortgagor on the execution of these presents (receipt whereof doth hereby admit), the said Mortgagor doth hereby grant unto the said Mortgagee, his heirs, administrators, executors and assigns all that piece or parcel of land bearing Plot No. .......... situated at,....................................... within the Registration District and Sub-District of ..................... and more particularly described in the Schedule hereunder written hereinafter referred to as the said premises together with all his rights, privileges, easements and appurtenances and all the estate, right, title, interest, claim and demand whatsoever of him the Mortgagor into and upon the said premises and every part thereof to have and hold the said premises forever and subject to the hereinbefore recited first Mortgage and the principal sum and interest thereby secured and subject also to the proviso for redemption hereinafter contained provided always that if the said A, his heirs, executors, administrators or assigns shall pay to the said B, his heirs, executors, administrators or assigns, the sum of Rs. ................ with interest for the same at the rate of .............. per cent per annum from the date of these-presents, then the said B, his heirs, executors, administrators or assigns, at the request of said A, his heirs, executors, administrators or assigns will reconvey the said mortgaged premises hereby granted and if the said sum of Rs. .................... with interest for the same at the rate of             ................... per cent per annum shall not be paid on the ................ day of  ..................... or, then the Mortgagee, his heirs, executors, administrators or assigns will be authorised to enter into and upon the said mortgaged premises and may henceforth possess and enjoy the same and receive the rents and profits thereof, without any interruption, interference, eviction, claim or demand from or by any person or persons whomsoever, except in respect of the said first mortgage and it is hereby agreed and declared that the Mortgagee, his heirs, executors, administrators or assigns shall be authorised to sell the mortgaged premises hereby granted or expressed to be so, or any part or parts thereof, without any further consent of the Mortgagor, his heirs, executors, administrators or assigns, either subject to said first Mortgage or freed and discharged therefrom and either together or in lots and either by public auction or private contract or to rescind any contract for the sale thereof and to sell the same without being answerable for any loss or diminution in price and with full power to execute assurances, give receipts for the purchase money and to do other acts and things for completing the said sale, which the said mortgagee, his heirs, executors, administrators or assigns shall think proper and the proceeds of the sale of mortgaged property or any part thereof shall be applied by mortgagee first towards the cost and expenses attending such sale, or incurred in relation to this security and then in satisfaction of the moneys which shall then be owing on the first mortgage and in the last, the balance shall be appropriated towards the moneys payable under these presents and surplus, if any, shall be paid to the Mortgagor, his heirs, executors, administrators or assigns.

And the Mortgagor hereby covenant that he is the absolute owner of the mortgaged premises and the said property is free from encumbrances, except the first mortgage recited above.

IN WITNESS WHEREOF the parties have put hereunto set and subscribed their respective hands the day and year first hereinabove written.

The schedule above referred to

Signed and delivered by the withinnamed Mortgagor

Signed and delivered by the withinnamed Mortgagee

WITNESSES;

1.

2.

           

Received the sum of Rs. ............... (Rupees ...……………......................) from the withinnamed Mortgagee being the full consideration money with in mentioned to be paid by the Mortgagee to me.

                                                                                                            Rs. ....................

                                                                                                            I say received.

                                                                                                                ....................

                                                                                                                                    Mortgagor

RECORD OF MORTGAGE BY DEPOSIT OF TITLE DEEDS

RECORD OF MORTGAGE BY DEPOSIT OF TITLE DEEDS

TO...

(Name of Mortgagee)

(Address)

Sir, I have to record that I have this day deposited with you the title-deeds (as per List hereto attached) relating to my immovable property situate at ... and consisting of land admeasuring about ... Sq.Metres and bearing S.No. ... with a building thereon being Municipal No. ... with intent to create a security thereof for repayment of the loan of Rs. ... lent and advanced by you to me, this day. with interest  .....   p. c. per annum.

Dated this ... day of ...

Yours faithfully,

(Mortgagor)

RECONVEYANCE DEED

RECONVEYANCE DEED

            THIS INDENTURE made at ..................... this ..................... day of ...................., 2000, between A, son of .................... resident of ..................... hereinafter called the Mortgagee of the ONE PART and B, son of ..................... resident of ......................  hereinafter called the Mortgagor of the OTHER PART.

            WHEREAS the Mortgagor mortgaged in favour of the Mortgagee the property described in the Schedule hereunder written, by an Indenture of Mortgage dated the ..................... day of ..................... 19 ...... registered in the Office of Sub-Registrar of Assurances ................... under Serial No. ..................... of 19 ..... under date ..................... to secure a loan of Rs. ..................... lent by the Mortgagee to the Mortgagor.

            AND WHEREAS the Mortgagor has paid a sum of Rs. ..................... on account of principal and interest thereon payable under the said Mortgage and willing to pay the balance of Rs. ..................... for redemption of the mortgage.

            NOW THIS DEED WITNESSETH THAT in consideration of the payment of Rs. ..................... to the Mortgagee by the Mortgagor paid in full of the principal sum and interest due and owing to the mortgagee on the security of the said Indenture of the Mortgage (the receipt whereof the Mortgagee doth hereby admit and acknowledge and of and from the same doth hereby acquit, release and forever discharge the Mortgagor), the Mortgagee doth hereby retransfer and reconvey to the Mortgagor all that the said mortgage property, more particularly described in the Schedule hereto, to have and hold the same unto the Mortgagor absolutely and free from encumbrances of any kind whatsoever and discharged from all claims, demands and rights of the Mortgagee under the said mortgage and the Mortgagee hereby covenant with the Mortgagor that he has not done or knowing or willingly suffered or been party or privy to any act, deed or thing whereby or by reason of means whereof the said mortgaged property hereby reconveyed or retransferred or intended so to be or any of them or any part thereof may or shall be impeached, affected or encumbered in title, estate or otherwise howsoever.

            AND THE MORTGAGEE HEREBY DECLARES AND CONFIRMS that title deeds             he has delivered the title deeds in respect of the mortgaged property and the Deed of Mortgage to the Mortgagor.

            IN WITNESS WHEREOF, the said Mortgagee has hereunto set his hand the day and year first hereinabove written.

The Schedule above referred to

Signed and delivered by the within named Mortgagee

MORTGAGE BY CONDITIONAL SALE

MORTGAGE BY CONDITIONAL SALE

THIS DEED OF SALE is made at .................. this ............... day of ..............., 2000, between A, son of ..................  resident of ............................... hereinafter called the "Vendor' of the ONE PART and B, son of .................. resident of .................. hereinafter called the "Purchaser" of the OTHER PART.

WHEREAS the Vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the land and premises bearing Plot No. ........... situated at, ........................................ within the Registration District of ..................  and more particularly described in the Schedule hereunder written.

AND WHEREAS the Vendor is in need of Rs. .................. for his business purposes and requested the purchaser to lend him the said sum, which the purchaser has agreed to do on the Vendor executing these presents.                     

NOW THIS DEED WITNESSETH THAT in pursuance of the agreement and in consideration of the sum of Rs. .................. paid by the purchaser to the Vendor (the receipt of which the Vendor hereby acknowledges) the Vendor hereby transfers and delivers vacant possession of all that the land and premises more particularly described in the Schedule hereunder written, together with all the rights and privileges appurtenant thereto unto the said Purchaser to hold the same for ever subject to the condition that if and when the Vendor repays the said sum of Rs. .................. with interest thereon at the rate of ................ % per annum compoundable annually, to the Purchaser on the .................. day of .................. 19 ...... hereinafter referred to as the due date, the grant and transfer of the said property as hereinbefore provided shall become void and in that event the purchaser shall reconvey the said house and premises free from all encumbrances and redeliver vacant possession to the vendor together with the documents of title relating to the said house and premises and this deed and in case of default in payment of the said amount with interest aforesaid on the said date, the transfer hereby made shall become an absolute sale in favour of the Purchaser.

            (2) The vendor hereby covenants with the Purchaser that he is the absolute owner of the said house and premises and that the same is free from any encumbrance, charge or lien whatsoever.

            (3) The purchaser shall keep the said house in tenantable condition and he shall bear the expenses for repairs and maintenance of the said house. The mortgagor shall also defray all taxes, assessments, land revenue and other charges payable in respect of the said house and premises to the State of      ................... Municipal corporation of .................., or any other public or local authority. All the expenses incurred and payments made by the purchaser will be added to the said money and shall be recoverable with interest by the purchaser from the vendor.

            (4) The Purchaser covenants with the vendor that he shall not let out the said house to any person or persons and he shall keep the said house in his own possession.

            (5) If the vendor makes default in paying the said money with interest on the due date as aforesaid, the purchaser shall have the right to foreclose the vendor's equity of redemption.

            IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first hereinabove written.

The Schedule above referred to

Signed and delivered by the withinnamed A

Signed and delivered by the withinnamed B

WITNESSES;

1 .                                                                                                                                                                                           

2 .

DEED OF SIMPLE MORTGAGE

DEED OF SIMPLE MORTGAGE

THIS DEED OF SIMPLE MORTGAGE is made at... this ... day of ... between 'A' of    .....   hereinafter referred to as 'the Mortgagor' of the One Part and 'B' of   .....  hereinafter referred to as 'the Mortgagee' of the Other Part;

WHEREAS the Mortgagor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the land and premises situate at …….....  and more particularly described in the Schedule hereunder written.

AND WHEREAS the Mortgagor being in need of money to enable him to pay off certain existing debts and liabilities 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.

NOW THIS DEED WITNESSETH that pursuant to the said agreement and in consideration of the sum of Rs  .....   lent and advanced by the Mortgagee to the Mortgagor on the execution of these presents ( receipt whereof the Mortgagor doth hereby admit) he, the Mortgagor, hereby covenants with the Mortgagee that he will pay to the Mortgagee the said sum of Rs ... on the     .....   day of  .....  (hereinafter referred to as the 'due date') with interest thereon in the meanwhile and until repayment of the said sum in full, at the rate of  ..... per cent. per annum, every month, the first instalment of interest to be paid on the    .....   day of   ........ and each subsequent instalment on the      ..... day of each succeeding month until the said principal sum of Rs  ...... is repaid in full, AND the Mortgagor further covenants with the Mortgagee that In the event of the Mortgagor failing to pay any monthly instalment of Interest, he will be liable to pay Interest on the said instalment in default at the same rate as aforesaid from the date of default until payment of such instalment as and by way of compound Interest, without prejudice to the right of the Mortgagee to take any action on default as hereinafter provided, AND It Is agreed and declared that In the event of the Mortgagor committing default in payment of any two Instalments of interest or in payment of the principal and interest on the due date or committing breach of any other term of this Deed, the whole amount of  principal then due with interest thereon will at the option of the Mortgagee become payable forthwith as if the said due date had expired.

AND THIS DEED FURTHER WITNESSETH that in consideration aforesaid, the Mortgagor doth hereby transfer by way of mortgage his said land and premises situated at   ......  and described in the Schedule 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 moneys due to the Mortgagee ( hereinafter referred to as the mortgage amount) the Mortgagee will redeem the said land and premises from the mortgage security and shall if so required by the mortgagor execute a Deed of Release but at the costs of the Mortgagor.

AND IT IS FURTHER AGREED AND DECLARED by the Mortgagor that In the event of the Mortgagor failing to pay the said principal sum with all interest and other moneys when the same shall become due and payable under these presents. the Mortgagee will become entitled to have the said land and premises sold through any competent Court and to realise and receive the said mortgage amount out of the net sale proceeds of the said land and premises.

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 realisation of the mortgage amount and the same shall be deemed to form part of the mortgage amount and the security therefor as aforesaid.

AND IT IS FURTHER AGREED that during the pendency of the security hereby created and until repayment of the mortgage amount the Mortgagor will get insured and keep insured the buildings and structures standing on the said land against loss and damages due to fire or any other accident In the sum of at least Rs ............    with some Insurance Company of repute and pay all premium on the insurance policy as and when it becomes due and payable In respect thereof to such company and shall hand over the policy to the Mortgagee duly endorsed in his name as assignee And In the event of the Mortgagor failing to do so or to pay the premium, the Mortgagee will be entitled to Insure the said buildings and structures and/or to pay the premium thereon and the amount paid by the Mortgagee in respect thereof will be deemed to form part of the mortgage amount.

AND IT IS FURTHER AGREED that in the event of the said land and premises being destroyed or damaged by fire or any accident as aforesaid, the Mortgagee will be entitled to receive the insurance claim under such policy to the exclusion of the Mortgagor and to appropriate the same first towards all arrears of interest and then the principal amount or any part thereof as may be sufficient to pay the mortgage amount due and if any surplus remains the same only will become payable to Mortgagor.

IN WITNESS WHEREOF the Mortgagor has put his hand the day and year first hereunder written.

THE SCHEDULE ABOVE REFERRED TO:

Signed and delivered by the

Mortgagor Mr. A    ............ in the presence of

1.

2.

DEED OF MORTGAGE BY CONDITIONAL SALE

DEED OF MORTGAGE BY CONDITIONAL SALE

THIS DEED OF Sale made is at... this ... day of... between Mr. A residing at ... hereinafter referred to as the Vendor, of the One Part, and Mr. B residing at ... hereinafter referred to as the Purchaser of the Other Part.

WHEREAS the Vendor is seized and possessed of or otherwise well or sufficiently entitled to the land and premises situate at ... and more particularly described in the Schedule hereunder written.

AND WHEREAS the Vendor Is In need of money and has requested the Purchaser to advance to him a sum of Rs. ... which the Purchaser has agreed to do on the Vendor agreeing to execute this deed of sale in favour of the Purchaser in respect of the said property in the manner following.

NOW THIS DEED WITNESSETH THAT

1.            Pursuant to the said agreement and In consideration of the said sum of Rs ....... paid by the Purchaser to the Vendor on the execution of these presents (receipt whereof the Vendor doth hereby admit) He the Vendor doth hereby grant and convey unto the Purchaser all the said piece of land with building thereon and situate at .....  and more particularly described in the Schedule hereunder written together with all and singular all the things permanently attached thereto or standing thereon and all the liberties, easements, profits, privilege. rights. members and appurtenances whatsoever to the said piece of land and premises belonging or in anywise appertaining to or with the same or any part thereof and now or at any time hereafter usually held, used, occupied or enjoyed or reputed as part or member thereof or be appurtenant thereto And all the estate, right, title. claim and demand of the Vendor into and upon the said land and other the premises hereby granted TO HOLD the same unto and to the use of Purchaser subject to what Is hereafter provided and subject to the payment of rates, taxes. assessments, dues and duties now chargeable upon the same or which may hereafter become payable in respect thereof to the Government or the Municipal Corporation or any other local authority.

2.            And it is hereby agreed and declared that if the Vendor shall. at any time hereafter repay to the Purchaser the said sum of Rs      .....  within a period of .. . years that is on or before the ......  day of ......  the grant and transfer of the said property as hereinbefore provided shall become void and In that event the Purchaser shall retransfer the said property to the Vendor or his heirs. executors, administrators or assigns by executing a document of re-sale.

3.            Provided however and it is agreed that, if the Vendor or his heirs. executors, administrators or assign shall fall to repay the said amount of Rs. ... within the said period then the grant and transfer of the said property to the Purchaser hereby made shall become absolute in favour, of the Purchaser his heirs, executors, administrators or assigns.

4.            And the Vendor doth hereby covenants with the Purchaser that –

(a)          The Vendor has good right and full power to grant the said land and building hereby granted or expressed so to be and every part thereof unto and to the use of the Purchaser in manner aforesaid.

(b)          That the Purchaser shall quietly possess and enjoy the said property and receive the rents, Income and profits thereof without any lawful interruption or disturbance whatsoever by the Vendor or any person or persons lawfully claiming under from or through him and shall be at liberty to pay thereout the Govt. revenue and all other charges of a public nature and all rents if any accruing due in respect of the said premises during such possession and any arrears of rent in default of payment of which the said land and premises may be summarily sold and all expenses incurred for the management of the said premises and the collection of rents. Income, profits and all other outgoing including costs of repairs of the said premises.

(c)          That the said premises are free and clear and freely and clearly and forever released and discharged or otherwise by the Vendor well and sufficiently saved, kept harmless and indemnified of and from and against all previous and other estates, title, charges and encumbrances whatsoever had made. executed or suffered by the Vendor or any other person lawfully claiming under him.

(d)          That the Vendor and all persons claiming any estate or Interest In the said premises under him, shall and will from time to time and at all times hereafter upon the request of the Purchaser and at the costs of the Vendor do and execute or cause to be done or executed, all such acts, deeds and things whatsoever for further and more perfectly assuring all or any of the said premises unto and to the use of the Put-chaser in such manner aforesaid as shall or may be reasonably required by the Purchaser.

IN WITNESS WHEREOF the Vendor has put his hand the day and year first hereinabove written.

THE SCHEDULE ABOVE REFERRED TO

Signed and delivered by the withinnamed Vendor Mr.

in the presence of ...

1.

2.