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THIS IS AN INDICATIVE LIST AND THE USERS ARE

ADVISED TO CONSULT LAWYERS BEFORE FINALISING


PROPERTY DOCUMENTS TO BE SUBMITTED. FORMATS
OF DOCUMENTS ARE SUBJECT TO CHANGES BASED
ON REQUIREMENTS; PLEASE ALSO INSERT DETAILS IN
THE DRAFTS AS PER FACTUAL POSITION. IN CASE
THE PROPERTY IS IN THE POSSESSION / BELONGS TO A
PERSON OTHER THAN THE BORROWER, PLEASE READ
BORROWER AS SUCH THIRD PARTY IN THIS LIST

B.

Draft Sale Agreement.

Society registration certificate in case of a society.

Bye laws of the Society in case of a society with the


List of original members of the society (Borrowers
name to feature in this list).

Purchase of flats Directly from a Builder

Original Allotment letter from society specifying the


flat number and cost of the flat allotted.

Original No Objection Certificate from the society


on their letterhead for flats (as per format 2) for plots
(as per format 3).

Original Share Certificate issued by the society.

Original receipt for the payments made (You are


required to spend your contribution before IHFC can
disburse the loan amount).

In case of co-opted member we would require the


Original Agreement with the society duly stamped
and registered.

All documents as mentioned in (A) above.

GOA

List of the property documents to be submitted by the


borrowers :

Original Agreement with the builder duly stamped


and registered.

Original money receipt issued by the Sub-Registrar


(T - Form).

Original No Objection Certificate from the builder


on his letterhead (as per format 1).

Original money receipt issued by the Sub-Registrar


(T - Form).

Original Letter from builder/architect indicating the


latest progress of construction for under construction
cases.

Society resolution inducting the borrower as the coopted member.

Original Undertaking from the borrower (as per


format 5).

Original receipts for the payments made (You are


required to spend your contribution before IHFC can
disburse the loan amount).

A.

Documents from the Builder/Society for approval of a


specific project (only copies are required)

Sale Deed / Lease Deed of the builder/society

Development Agreement and Power of Attorney


from land owner in favour of the Builder and Sale
Deed/Lease Deed in favour of the land owners.

Earlier chain of land documents (if any).

Layout copy/Layout approval.

Approved building plans.

Construction
Licence
Council/Corporation.

Sanad of Conversion/N. A. permission.

Latest Form No.


Certificate/Form B.

from

&

Municipal

XIV/City

Inscription & Description and a No Dues Certificate


from the land registrar (if applicable).

Photocopy of the Conveyance Deed in favour of the


Society.

Photocopy of the Society Registration Certificate.

Inventory Proceedings/Court Decree (if any).

Latest Nil Encumbrance Certificate.

Photocopy of the list of members of the society


(Borrowers name to feature in this list).

Order from PDA/SPDA/NPDA only in Municipal


Areas for construction. (if applicable).

Original Share Certificate.

Original No Objection Certificate from the Society


(as per format 2).

Latest Title & Search Report from builders/society


advocate for the property.

Occupation Certificate (if applicable).

Partnership Deed/MOA/AOA in case of a builder.

C.

Flat/Plot Directly in Registered Co-operative Housing


Society

Flat/House
Directly
from
Authority/Housing Board

All documents as mentioned in (A) above.

E.

any

Development

Original allotment letter from the Development


Authority/Housing Board.

Original No Objection Certificate from the


Development Authority/Housing Board (as per their
own format).

Original receipts for the payments made (You are


required to spend your contribution before IHFC can
disburse the loan amount).

Original Undertaking from the Borrower for


execution of the Sale Deed (as per format 6).

Interim Personal Guarantor.

After the Society is formed the Borrower needs to submit


the following documents with IHFC :

Survey

D.

Construction of a house on a separate plot of land

Original stamped and registered Sale Deed/Lease


Deed/Partition Deed/Gift Deed/ Settlement Deed for
which the plot of land has been acquired.

All previous deeds of title in respect of the plot.

Latest Form No.


Certificate/Form B.

Sanad of Conversion/N.A. permission.

&

XIV/City

Survey

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070406.V1

F.

G.

Inscription & Description and No Dues Certificate


from the land registrar (if any).

All documents as mentioned in (A) above.

Inventory Proceedings/Court Decree (if any).

Original Agreement with the builder duly stamped


and registered.

Latest Nil Encumbrance Certificate.

Order from PDA/SPDA/NPDA only in Municipal


Areas for construction.

Original
money
receipt
Sub-Registrar (T - Form).

Original receipts for the payments made (You are


required to spend your contribution before IHFC can
disburse the loan amount).

Original No Objection Certificate from the builder


on his letterhead (as per format 4).

Original Undertaking from the Borrower (as per


format 6).

Original Sale Deed duly stamped and registered at


the time of last disbursal.

Interim Personal Guarantor till execution of the sale


deed.
Borrowers Site/Plot Plan.

Construction
License
Council/Corporation.

Latest Title and Search Report for the property under


consideration (The search should have been
undertaken within the last six months).

from

Detailed estimate of the cost of the project.

Approved building & Site plan.

Occupation Certificate.

Municipal

Purchase in resale (In case of a Builder/Society case)

All documents as mentioned in (A) above.

Original Agreement for Sale/Sale Deed with


T-Form (Builder to be confirming party, if
applicable).

Original No Objection Certificate from the Builder


(as per format 7)/Society (as per format 8) on their
letterhead.

Original receipts for the payments made (You are


required to spend your contribution before IHFC can
disburse the loan amount).

Latest Title and Search report showing the flow of


ownership along-with the relevant supporting
documents for the last 20 years.

Previous Sale Agreements/Deeds.

Share certificate.

Latest Nil Encumbrance Certificate.

Interim Personal Guarantor (if applicable).

issued

by

the

And any other legal document required by ICICI Bank or


its approved lawyers in order to certify a clear and
marketable title

Format 1
Draft of N.O.C. to be obtained from the Builder on his
letter-head (for flats)
Date :
Place :
To,
ICICI Bank Limited (ICICI Bank)
(Address)
Dear Sirs,
Re. : Permission to mortgage flat no. ................ on the floor of
the
building
proposed
to
be
named
as/named
as........... ........................................... situated at ..........................
............................................

Purchase of Plots from a Builder/Developer Please note


that the same has to be a first sale and only those
Builders/Developers as approved by IHFC from time
to time.

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070406.V1

1.

2.

3.

4.

5.

This is to confirm that we have allotted/sold flat No...........


admeasuring ............ sq.ft. (carpet/built-up area) on
the ........................................... floor of the building
proposed
to
be
named
as/known
as
...........
...............................
situated
at ................................ .........................................................
...................... Under construction/constructed by us to
Mr./Mrs./Ms..........................................................................
(hereinafter referred to as the borrower) for a total
consideration
of
Rs.
......................./(Rupees ............ ..............................................................)
under an Agreement for Sale/Memorandum of
Understanding dated ...............................
We confirm that we have obtained necessary
permission/approvals/sanction for construction of the said
building from all the concerned competent authorities and
the construction of the building as well as of the flat are in
accordance with the approved plans. We confirm that the
said flat as well as the said building and the land
appurtenant thereto are not subject to any encumbrance,
charge or liability of any kind whatsoever and that the
entire property is free and marketable. We have a clear,
legal and marketable title to the said property and every
part thereof.
Mr./Mrs./Ms. ........................................................... has
paid
an
amount
of
Rs.
................../(Rupees ............ .............................................................
only)
and
a
sum
of
Rs.
..................../(Rupees .................................... ........................ ) remains
to be paid towards the cost of the said flat.
OR
Mr./Mrs./Ms. ................................................................. has
to
pay
the
total
cost
of
Rs.
............./(Rupees .......... .................................................. ) of the
said flat.
Possession of the said flat will be given to
Mr./Mrs./Ms. .................................................................. on
or about ................................... on payment of the full
consideration of the flat.
OR
Possession of the said flat has already been given to
Mr./Mrs./Ms. ................................................................
We are aware that the said borrowers has approached
ICICI Bank Limited for financial assistance for
purchasing/acquiring the said flat and that ICICI Bank

6.

7.

8.

Limited has agreed to sanction/grant the loan to the said


borrowers to purchase/acquire the above flat and they have
agreed to mortgage the said flat in your favour / in favour
of ICICI Bank/the security trustee nominated by ICICI
Bank as security for the said loan. We hereby confirm that
we
have
no
objection
to
Mr./Mrs./Ms.................................................. mortgaging
the said flat to your Company/ICICI Bank/the security
trustee nominated by ICICI Bank by way of security for
repayment of the said loan.
AND notwithstanding anything to the contrary contained
in the said Agreement for sale, we hereby agree to register
the aforesaid mortgage charge in our books in respect of
the
said
flat
and
Mr./Mrs./Ms..........................................................................
..... will not be permitted to transfer, assign, sell off, cancel
or in any other way/manner deal with the said flat
prejudicial to the interest of ICICI
Bank/your
company/the security trustee nominated by ICICI Bank,
without the prior written consent of your Company/the
security trustee nominated by you.
We agree, confirm and undertake to form a
Co-operative Society/Condominium under the Apartment
Ownership Act of the premises/flat holders in the aforesaid
building within the statutory period. And we agree to
inform and give proper notice to the Co-operative
Society/Condominium as and when formed, about the said
unit/flat being so mortgaged to your Company/ICICI
Bank/the security trustee nominated by ICICI Bank.
We further agree, confirm and undertake to intimate your
Company forthwith upon the formation of the said Cooperative Society, and forward a copy of the conveyance
deed forthwith upon the execution of the registered
conveyance of the said flat/building in favour of the Cooperative Society.
We further agree, confirm and undertake that in the event
the formation of the said Co-operative Society is, for any
reason whatsoever, delayed beyond a period of one year
from the date of final disbursal for the said flat to
Mr./Ms. .............................................................. we shall at
the instance of your Company, forthwith execute the deed
of conveyance pertaining to the said flat in favour of
Mr./Ms. ........................................ ........................... and
forward the same to your Company accordingly.

For .................................... (Builders)


Signatures and Stamp of the Builders
Note :
This NOC is to be signed on behalf of the Builders by the same
persons who have signed the Agreement for sale in favour of the
Purchaser/s (Borrower/s) or any person authorised by the
Builders to sign on their behalf.
The NOC should be dated subsequent to the date of the sanction
letter.

Format 2
Draft of the N.O.C. from Co-operative Housing Society on
Society Letterhead (for flats)
Date :
Place :
To,
ICICI Bank Limited (ICICI Bank)
(Address)
Dear Sirs,
Re. : Flat
No.
.......................
of
Mr./Mrs. ................................. ......................................... in the
building
named
as
.............
..........................
of
the ................................................ co-op. Housing Society Ltd.
Situated at ..........................................
This is to confirm that our above named society registered under
no. ................... dated ......................... is the owner of the above
building pursuant to the conveyance dated........................
registered under No. ...................... dated ............................
OR
The Deed conveying/transferring the land and the said building
to our society is not yet executed and it will be done in due
course.
Mr./Ms. ................................................................................. is a
member of our society and share certificate No. .............. for

Yours faithfully,

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070406.V1

shares bearing distinctive nos. ......................... to stand in


his/her name and the said flat is possessed by him/her.
The
said
flat
is
possessed
by
Mr./Ms. ................................... ................................ (the said
member)
OR
Mr./Ms. ................................................................................. is a
member of our society and the said flat is possessed by
Mr./Ms.
.................................................................................
(the said member). The share certificate has not yet been
issued by the society to the said member.
We hereby assure you that the said flat, as well as the said
building and the land appurtenant thereto are not subject to any
encumbrance, charge or liability of any kind whatsoever and
that the entire property is free and marketable.
We further confirm that we have a clear, legal and marketable
title to the said property and every part thereof, and that all
taxes and dues in respect thereof have been paid upto the date.
We confirm that there are no restrictive/negative convenants in
the Bye Laws/Rules of the above mentioned society concerning
the transfer of shares/members interest in the society and other
related matters.

We also confirm that there are no outstanding dues/charges


payable by the said member in respect of the said flat and he/she
has paid all the taxes and due in respect of the same upto date.

ICICI Bank Limited (ICICI Bank)

We undertake not allow the said Member to transfer/further


transfer/cancel the said flat or add any name in the share
certificate without the prior written permission of your
Company/ICICI Bank/the security trustee nominated by ICICI
Bank and as soon as the share certificates are issued by the
society to the said member, the same will be forwarded directly
to the company/ICICI Bank/security trustee nominated by
ICICI Bank (if Applicable).

Re. : Plot
No.
..............
of
Mr./Mrs. ................................. ......................................... in the
land
(Survey
No.
............)
situated
at ........................................................................... belonging to
the...............................
Co-operative
Housing
Society
Ltd. .............................................. (Regd. Address).
This is to confirm that our above named society registered under
no. ................... dated ......................... is the owner of the above
land pursuant to the conveyance dated ................... registered
under No. ...................... dated ............................

AND we agree to accept, subject to the bye-laws of our society,


in future, the application for membership from the person/s,
firm, company to whom the said flat and the right, title and
interest of the said Member in the said shares will be
transferred/sold, on enforcement of the said security.

Dear Sirs,

Yours faithfully,

Mr./Ms. ................................................................................. is a
member of our society and share certificate No. .............. for
shares bearing distinctive nos. ............ to ............... stand in
his/her name.

Authorised Signatories.

The
said
plot
is
possessed
by
Mr./Ms. ................................... ................................ (the said
member)

(Secretary and/or Chairman/President and Stamp of the Society)


The NOC should be dated subsequent to the date of the sanction
letter.

We are informed by the said Member that ICICI Bank Limited


has granted/agreed to grant a loan of Rs......................./- to the
said member upon the term and conditions, one of which
stipulates creation of security by way of mortgage by deposit of
original documents of title pertaining to the said flat in your
favour/in favour of ICICI Bank Limited or the security trustee
nominated by ICICI Bank Limited. The said member has
requested us to permit him/her to create the said security over
the said flat and the shares (as and when issued) in favour of
your company/in favour of ICICI Bank Limited or the security
trustee nominated by ICICI Bank LImited.

OR
Mr./Ms. ................................................................................. is a
member of our society and the said plot is possessed by Mr./Ms.
...............................................................................
(the said
member). The share certificate has not yet been issued by the
society to the said member.
We hereby assure you that the said plot and the land described
above are not subject to any encumbrance, charge or liability of
any kind whatsoever and that the entire property is free and
marketable.
We further confirm that we have a clear, legal and marketable
title to the said property and every part thereof, and that all taxes
and dues in respect thereof have been paid upto the date.

We, hereby confirm and agree we have No Objection to and


permit the said member to create the security in favour of your
company/in favour of ICICI Bank Limited or the security
trustee nominated by ICICI Bank Limited by way of mortgage
of the right title, interest of the said member in the said shares
and the said flat with you/ICICI Bank Limited/the security
trustee nominated by ICICI Bank Limited, for repayment of the
said loan and we hereby agree to note the aforesaid mortgage
charge on the said flat in our books.

Format 3
Draft of N.O.C. from Co-operative Housing Society on
Society Letterhead (for plots)
Date :
Place :
To,

We confirm that there are no restrictive/negative convenants in


the Bye Laws/Rules of the above mentioned society concerning
the transfer of shares/members interest in the society and other
related matters.
We are informed by the said Member that ICICI Banks has
granted/agreed to grant a loan of Rs......................./- to the said
member upon the term and conditions, one of which stipulates
creation of security by way of mortgage by deposit of original
documents of title pertaining to the said plot in your favour/in
favour of ICICI Bank or the security trustee nominated by
ICICI Bank. The said member has requested us to permit

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070406.V1

him/her to create the said security over the said plot and the
shares (as and when issued) in favour of your company/in
favour of ICICI Bank or the security trustee nominated by
ICICI Bank.

The NOC should be dated subsequent to the date of the sanction


letter).

We further confirm that ICICI Bank Limited (ICICI Bank)


Company Limited is hereby authorised to directly collect the
share certificate/allotment letter on behalf of the Member.
We, hereby confirm and agree that we have No Objection to
and permit the said member to create the security in favour of
your company/in favour of ICICI Bank Limited or the security
trustee nominated by ICICI Bank Limited by way of mortgage
of the right title, interest of the said member in the said shares
and the said plot with you/ICICI Bank Limited/the security
trustee nominated by ICICI Bank Limited, for repayment of the
said loan and we hereby agree to register the aforesaid mortgage
charge on the said flat in our books.

Mr./Mrs./Ms. ....................................................................... has


paid
an
amount
of
Rs.
........................./(Rupees ............ ...........................................................................
.............
)
and
a
sum
of
Rs......................../(Rupees ............................ .................................................... )
remains to be paid towards the cost of the said plot.
OR
Format 4
Draft of N.O.C. to be obtained from the Builder on his
letter-head (for plots)

We also confirm that there are no outstanding dues/charges


payable by the said member in respect of the said flat and he/she
has paid all the taxes and dues in respect of the same upto date.
We also confirm that in the event of cancellation of the
allotment of the plot for any reason whatsover granted to the
member the Society shall refund all the amounts payable to the
member directly to ICICI Bank Limited (ICICI Bank) without
any reference to the member, which ICICI Bank Limited (ICICI
Bank) shall adjust against any amount due and payable by the
member to it.
We undertake not allow the said Member to transfer/further
transfer the said plot or add any name in the share certificate
without the prior written permission of your Company/the
security trustee nominated by ICICI Bank.
AND as soon as the share certificates are issued by the society
to the said Member, the same will be forwarded directly to the
company (if applicable).
AND we agree to accept, subject to the bye-laws of our society,
in future, the application for membership from the person/s,
firm, company to whom the said plot and the right, title and
interest of the said Member in the said shares will be
transferred/sold, on enforcement of the said security.
Yours faithfully,
Authorised Signatories.
(Secretary and Chairman/President and Stamp of the Society)

encumbrance, charge or liability of any kind whatsoever and


that the entire property is free and marketable. We have a clear,
legal and marketable title to the said property and every part
thereof.

Date :
Place :
To,
ICICI Bank Limited (ICICI Bank)
Dear Sirs,
Re. : Permission to mortgage Plot no. ................ of
Mr./Ms.................................................................... in the land
(Survey
No.
................)
situated
at .................................. ............................................
This is to confirm that we have sold plot
No...........
admeasuring ............ sq.ft. in the project known as .................
situated at ....................................................................... under
development/developed
by
us
to
Mr./Mrs./Ms..................................................................................
......... for a total consideration of Rs. ................................../(Rupees .......................................................................... ) under
an Agreement for Sale/Memorandum of Understanding
dated ...............................
We
confirm
that
we
have
obtained
necessary
permission/approvals/sanction for development of the said
project from all the concerned competent authorities and the
same is in accordance with the approved plans. We confirm that
the said land appurtenant thereto is not subject to any

Mr./Mrs./Ms. ....................................................................... has


to pay the total cost of Rs. .................................../(Rupees ..................................................................... ) of the said
plot.
Possession of the said plot has already been given to
Mr./Mrs./Ms. ...............................................................................
We
are
aware
that
the
said
Mr./Mrs./Ms. ........................... ....................................................
has approached ICICI
Banks for a loan for
purchasing/acquiring the said plot and that ICICI Bank has
agreed
to
sanction/grant
the
loan
to
Mr./Mrs./Ms...........................................................
to
purchase/acquire
the
said
plot
and
to
Mr./Mrs./Ms ....................................... ..........................................
....... has agreed to mortgage the said plot in your favour / in
favour of the security trustee nominated by ICICI Bank as
security for the said loan. We hereby confirm that we have no
objection
to
Mr./Mrs./Ms...............................................................................
mortgaging the said plot to your Company/the security trustee
nominated by ICICI Bank or ICICI Bank by way of security
for repayment of the said loan.
AND notwithstanding anything to the contrary contained in the
said Agreement for sale, we hereby agree to register the
aforesaid mortgage charge in our books in respect of the said
plot and Mr./Mrs./Ms........................................................ will
not be permitted to transfer, assign, sell off, cancel or in any
other way/manner deal with the said plot prejudicial to the
interest of your Company/ICICI Bank or the security trustee

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070406.V1

nominated by ICICI Bank, without the prior written consent of


your Company or the security trustee nominated by ICICI
Bank.
We further agree, confirm and undertake that we shall at the
instance of your Company, forthwith execute the deed of
conveyance pertaining to the said plot in favour of
Mr./Ms.......................................................................................
and forward the same to your company accordingly.
Yours faithfully,

For .................................... (Builders)


Signatures and Stamp of the Builders
Note :
This NOC is to be signed on behalf of the Builders by the same
persons who have signed the Agreement for sale in favour of the
Purchaser/s (Borrower/s) or any person authorised by the
Builders to sign on their behalf.
The NOC should be dated subsequent to the date.

Format 5
Undertaking by Borrower for Builder cases where the Sale
Deed is not available
(on stamp paper)
To,
ICICI Bank Limited (ICICI Bank))
Dear Sirs,
I,
.........................................................................................
(hereinafter referred to as the Borrower) refer to the Loan
Agreement dated ......................... entered into between the

Borrower and ICICI Banks (hereinafter referred to as the said


Loan Agreement) in respect of the Rupee Term Loan of
Rs. .........................../- lacs agreed to be lent and advanced to the
Borrower by ICICI Bank Limited (hereinafter referred to as the
said Loan) on the terms and conditions set out in the said Loan
Agreement for the purchase/construction of residential premises
situated at .................... .............................................................
(the said premises).
As stipulated in the said Loan Agreement, the said Loan is to be
secured by such security/guarantees as may be required by
ICICI Bank.
I am aware that I have to comply with various formalities prior
to creation of the said security in favour of ICICI Bank the
security trustee nominated by ICICI Bank including but not
limited to submission to ICICI Bank a copy of the stamped and
registered conveyance deed entered into between the builder of
the said premises and the Co-operative Society/the original
conveyance deed entered into by the Builder and the Borrower.
I have already initiated requisite action in this behalf.
I agree, confirm and undertake to use all my best efforts to
ensure the formation of the Co-operative Society/Condominium
by the builder ........................................ under the Apartment
Ownership Act of the premises/flat holders in the aforesaid
building within the statutory period.
I further agree, confirm and undertake that if I have not ensured
the formation of the Society and the execution of the
conveyance deed as aforesaid within a period of one year from
the date of receipt of final disbursement under the said Loan, we
shall forthwith enter into a deed of conveyance in relation to the
said premises with the said Builder in our name and bear all
costs of registration and stamp duty on the same; and till such
time as the deed of conveyance is executed and delivered to
ICICI Bank/the security trustee nominated by ICICI Bank, I
shall be liable to pay such additional interest @ such rate on the
said Loan as may be specified by ICICI Bank. The aforesaid
period of one year may be suitably extended with the written
permission of ICICI Bank.
Pending compliance of requisite formalities and pursuant to
creation of effective security in favour of ICICI Bank/the
security trustee nominated by ICICI Bank as stipulated in the
said Loan Agreement, ICICI Bank has at my request, agreed to
make disbursements out of the said Loan, subject, inter alia, to
the following :i)
Submission to ICICI Bank/the security trustee nominated
by ICICI Bank of a true copy of the conveyance deed

executed in favour of the Co-operative Society of the said


Building within a period of one year from the date of final
disbursement under the said Loan alongwith the Original
Share Certificate, NOC from the Society, Allotment Letter
or
ii) Submission to ICICI Bank/the security trustee nominated
by ICICI Bank, of the original deed of conveyance
entered into by the Borrower with the said Builder within a
period of one year from the date of final disbursement
under the said Loan and
iii) Payment of such additional interest @ 24% by the
Borrower on the said Loan to ICICI BANK from the date
of one year from final disbursement under the said Loan
till such time as the aforesaid copy of the deed of
conveyance in favour of the Society/original deed of
conveyance in the Borrowers favour is duly submitted to
ICICI Bank/the security trustee nominated by ICICI
Bank.
In consideration of the above premises, the Borrower hereby
agrees with and undertakes to ICICI Bank that the Borrower
shalla) within a period of one year from the date of final
disbursement under the Loan or such extended time as
may be permitted by ICICI Bank, comply with all
requisite formalities for creating the stipulated security,
and including submission to ICICI Bank/the security
trustee nominated by ICICI Bank of a true copy of the
conveyance deed executed in favour of the Co-operative
Society of the said Building or submission to ICICI
Bank/the security trustee nominated by ICICI Bank of the
original deed of conveyance entered into by the Borrower
with the said Builder; or
b) Payment of such additional interest @ 24% by the
Borrower on the said Loan to ICICI Bank/the security
trustee nominated by ICICI Bank from the date of one
year from final disbursement under the said Loan till such
time as the aforesaid copy of the deed of conveyance in
favour of the Society/original deed of conveyance in the
Borrowers favour is duly submitted to ICICI Bank/the
security trustee nominated by ICICI Bank.
I agree that any breach or default in complying with all or any
of the aforesaid undertaking(s) will constitute an event of
default under the Loan Agreement.

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070406.V1

I am aware that it is on the faith of my aforesaid undertakings


that ICICI Bank has agreed to make the aforesaid disbursement
to the Borrower out of the said Loan.
Dated this ........................ day of ...................... 2001.
Yours faithfully,

Housing Board/the Builder) upon its request and the


undertaking as contained hereinbelow.

Name, address, signature of all borrowers to the loan

The Borrower shall promptly have the Sale Deed/Deed of


Conveyance executed in his/its favour and shall pay and
discharge all dues and charges in respect thereof and have
the same registered in the office of the relevant
Registrar/Sub-Registrar
of
Assurances
within......................... days from the date of last disbursal
of the loan amount by ICICI Bank.

The Borrower shall deposit the said original copy of the


registered and stamped Sale Deed/Deed of Conveyance
with ICICI Bank/the security trustee nominated by ICICI
Bank within ........................ days from the date of last
disbursal of the Loan amount and shall execute and sign
all such document/documents that may be required to be
executed by ICICI Bank/the security trustee nominated by
ICICI Bank in the form and manner as suggested by
ICICI Bank for creation of the necessary security in
favour of ICICI Bank/the security trustee nominated by
ICICI Bank.

Any breach of the above undertaking by the Borrower


shall be deemed to be a breach of the conditions and
convenants on which the aforesaid loan has been granted
to the Borrower and ICICI Bank shall be at liberty to treat
the same as a default under the Loan Agreement between
Borrower and ICICI Bank, and ICICI Bank/the security
trustee nominated by ICICI Bank shall be entitled to take
such action against the Borrower as it deems fit.

The Borrower hereby declares that it shall not charge,


mortgage or in any way or manner alienate or encumber
the Property to which it shall obtain an absolute, clear and
marketable title. The Borrower further declares that it shall
acquire the Property, free from any charge, encumbrance,
attachment, liens and lispendens or any other processes
issued by any court or authority. The Borrower confirms
that it has not created any lien, gift or trust in respect
thereof.

Accordingly, in consideration of ICICI Bank having agreed to


disburse the Loan prior to execution of the Sale Deed in respect
of the said property, the Borrower hereby declares, undertakes
and indemnifies ICICI Bank as under :-

Format 6
Undertaking to be given by the Borrower for sale deed in
case of Development Authority/Housing Board/Builder (on
stamp paper)
Date :
Place :
To,
ICICI Bank Limited (ICICI Bank)
Address
Dear Sirs,
This has reference to the loan of Rs. ........................./(Rupees ...................................................................... only) (the
Loan), sanctioned by ICICI Banks to ..................................
(Please specify the nature of entity), hereinafter for brevitys
sake referred to as Borrower under the Loan Agreement dated
........................., (the Agreement) in respect of the property
being ..................................................................... (hereinafter
referred to as the said property).
ICICI Bank has agreed to disburse the Loan to the Borrower
prior to execution and registration of sale deed in favour of the
Borrower in respect of the said property with ......................
(hereinafter referred to as the Development Authority/

And the Borrower makes the aforesaid declarations and


statements and give the aforesaid undertaking solemnly and

sincerely believing the same to be true and knowing fully well


that on the faith and strength thereof ICICI Bank has agreed
give the Loan.
Yours faithfully,
Name, Address and Signature of all Borrowers to the loan.

Format 7
Draft of N.O.C. to be obtained from the builder on his letterhead (For Resale Cases)

7
070406.V1

Date :
Place :
To,
ICICI Bank Limited (ICICI Bank)
(Address)
5.
Dear Sirs,
Re. : Permission to mortgage flat no. ................ on the..............
floor of the building proposed to be named as/named
as.....................................................................
situated
at ............................................................................
1. This is to confirm that we have allotted/sold flat No...........
admeasuring ............ sq.ft. (carpet/built-up area) on
the ........................................... floor of the building
proposed
to
be
named
as/known
as
...........
...............................
situated
at ................................ .........................................................
...................... Under construction/constructed by us to
Mr./Mrs./Ms..........................................................................
..... for a total consideration of Rs. ................................ /(Rupees ............................................................ only) under
an Agreement for Sale/Sale Deed dated........................
2. We confirm that we have obtained necessary
permission/approvals/sanction for construction of the said
building from all the concerned competent authorities and
the construction of the building as well as of the flat are in
accordance with the approved plans. We assure that the
said flat as well as the said building and the land
appurtenant thereto are not subject to any encumbrance,
charge or liability of any kind whatsoever and that the
entire property is free and marketable. We have a clear,
legal and marketable title to the said property and every
part thereof.
3. Mr./Mrs./Ms. ................................................................. has
paid
an
amount
of
Rs.
................./(Rupees ............ ............................................................. )
remains to be paid towards the cost of the said flat.
OR
Mr./Mrs./Ms. ................................................................ has
to pay the total cost of Rs. ......................../(Rupees .......................................................... ) of the said
flat.
4. Possession of the said flat will be given to
Mr./Mrs./Ms................................................................. on

6.

or about ................................... on payment of the full


consideration of the flat.
OR
Possession of the said flat has already been to
Mr./Mrs./Ms. .......................................................................
We
are
aware
that
the
said
Mr./Mrs./Ms. .................... ...................................................
..... (the seller) has agreed to sale the said flat and all
his/her/their right, interest and title therein to
Mr./Mrs. ............................. ..........................................
(the purchaser) under an Agreement for Sale/Sale Deed
dated
....................
and
that
said
Mr./Mrs./Ms.
.....................................................
(the
purchaser) has approached ICICI Banks for a loan for
purchasing/acquiring the said flat and that ICICI Bank has
agreed
to
sanction/grant
the
loan
to
Mr./Mrs./Ms. ............................................................ to
purchase/acquire
the
above
flat
and
Mr./Mrs./Ms..........................................................................
..... has agreed to mortgage the said flat in your favour/in
favour of ICICI Bank or the security trustee nominated by
ICICI Bank as security for the said loan. We hereby
confirm that we have to objection to the same and we shall
transfer the said flat to the name of the purchaser, in our
books, on completion of the sale formalities between the
said Seller and the said Purchaser.
AND notwithstanding anything to the contrary contained
in the said Agreement for sale, we confirm to register the
aforesaid charge in our books in respect of the said flat on
completion of the sale formalities as aforesaid and the said
purchaser will not be permitted to transfer/cancel, assign,
sell off, cancel or in any other way/manner deal with the
said flat prejudicial to the interest of your company/ICICI
Bank/the security trustee nominated by ICICI Bank,
without the prior written consent of your Company/you
security trustee/ICICI Bank.
We agree, confirm and undertake to form a
Co-operative Society/Condominium under the Apartment
Ownership Act of the premises/flat holders in the aforesaid
building within the statutory period.
And we agree to
inform and give proper notice to the
Co-operative
Society/Condominium as and when formed, about the said
unit/flat being so mortgaged to your Company/the security
trustee nominated by ICICI Bank.

7.

We further agree, confirm and undertake to intimate your


Company/ICICI Bank/the security trustee nominated by
ICICI Bank forthwith upon the formation of the said Cooperative Society, and forward a copy of the conveyance
deed forthwith upon the execution of the registered
conveyance of the said flat/Building in favour of the Cooperative Society.

Yours faithfully,
For .................................... (Builders)
Signatures and Stamp of the Builders
Note :
This NOC is to be signed on behalf of the Builders by the same
persons who have signed the Agreement for sale in favour of the
Purchaser/s (Borrower/s) or any person authorised by the
Builders to sign on their behalf.
The NOC should be dated subsequent to the date of the sanction
letter.

Format 8
Draft of the N.O.C. from Co-operative Housing Society on
Society Letterhead
(for resale cases)
Date :
Place :
To,
ICICI Bank Limited (ICICI Bank)
(Address)
Dear Sirs,
Re. : Flat
No.
.......................
of
Mr./Mrs. ................................. ......................................... in the
building
named
as
.............
..........................
of
the ............................................... Co-op. Housing Society Ltd.
Situated at ..........................................

8
070406.V1

This is to confirm that our above named society registered under


no. ................... dated ......................... is the owner of the above
building pursuant to the conveyance dated........................
registered under No. ...................... dated ............................
OR
The Deed conveying/transferring the land and the said building
to our society is not yet executed and it will be done in due
course.
Mr./Mrs. ................................................................................. is a
member (the member) of our society and share certificate No.
..................... for shares bearing distinctive nos. .........................
to ........................ stand in his/her name and the said flat is
possessed by him/her.
OR
The share certificate are yet to be issued in the name of/to the
Member.
The Member has informed the society that he/she has agreed to
sell and transfer the all his/her right, title, interest in the said
shares (in case issued) and the said flat to
Mr./Mrs.........................................................................................
to proposed Transferee (the prospective Borrower of ICICI
Bank Limited), who has approached to ICICI Bank Limited for
loan for acquiring the said flat.

We confirm that we have No Objection to ICICI Bank


Limited giving a loan to the said proposed transferee and his/her
mortgaging the said flat to you/ICICI Bank Limited/the security
trustee nominated by ICICI Bank by way of security for
repayment of the said loan.
And we undertake to register the aforesaid charge on the said
flat and the said shares on completion of the transfer formalities.
*We further confirm that as soon as the shares certificates are
issued, the share certificates pertaining to the proposed
transferee will be forwarded directly to you/ICICI Bank/the
security trustee nominated by ICICI Bank.
Yours faithfully,
Authorised Signatories.
(Secretary and/or Chairman/President)
(Stamp of the Society)
*Note : Applicable in case the share certificates are not issued.
The NOC should be dated subsequent to the date of the sanction
letter.

We further confirm that our Society has agreed to transfer the


above flat to/in the name of proposed Transferee, subject to
completion of the transfer formalities in respect of the said flat
and the shares (if issued).
We hereby assure you that the said flat, as well as the said
building and the land appurtenant thereto are not subject to any
encumbrance, charge or liability of any kind whatsoever and
that the entire property is free and marketable.
We further confirm that we have a clear, legal and marketable
title to the said property and every part thereof, and that all
taxes and dues/charges in respect thereof have been paid upto
the date. We also confirm that there are no outstanding dues of
the charges payable by the said members in respect of the said
flat and he/she has paid all taxes/dues in respect of the same
upto date.
We confirm that there are no restrictive/negative convenants in
the Bye Laws/Rules of the above mentioned society concerning
the transfer of shares/members interest in the society and other
related matters.

9
070406.V1