Affidavit Format for Property Mortgage Against Loan
To
M/s Stabnet Traders Limited
14/5 N S Road,
Borivali, Mumbai – 400001
AFFIDAVIT
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.
DEPONENT
VERIFICATION:
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.
DEPONENT
Sworn before the learned Notary at [Mumbai]
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