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  • DEED OF FURTHER MORTGAGE

    DEED OF FURTHER MORTGAGE  THIS DEED OF FURTHER MORTGAGE is made the __________ day of __________, 20 __________,  BETWEEN  (the same parties as in the mortgage) and is supplemental to the deed of mortgage, dated __________  and made between the same parties and registered on the __________ at _________ Sub-Registry Office as No______________ in Book I, Vol_____________, on pages ________,  securing the sum of Rupees __________ (Rs ___________________________________________) only  with interest at __________% per annum on the property situated  at _______________________ and described at the foot of this deed:  WITNESSES that in consideration of the further sum of Rupees ____________(Rs _________________________) only advance by the said …………. to …………………………..  receipt whereof the said ……………..…………..hereby acknowledges, the said ……………………. hereby covenants with BB. to repay to him on the __________. day of __________, 20 __________, the said sum of Rupees __________ (Rs ___________________________________________) only, with interest thereon in the meantime at the rate of __________% per annum and also as long after that day any principal money remains due under this deed AND FURTHER that all the property comprised and mentioned in the earlier deed of mortgage, aforementioned and for the sake of clarity described at the foot of this deed shall stand transferred by way of SIMPLE MORTGAGE to …………….……………... AND shall stand charged with the payment to …………………………….. of the aforesaid sum of Rupees __________ (Rs _____________________________________________) only and the interest thereon at the rate herein covenanted as well as the unpaid money due on the earlier mortgage aforementioned. IN WITNESS whereof the said AA. has signed hereunto at ____________________at the day and the year first abovewritten.  Witnesses: 1. Sd. …………………..  2. Mortgagor.  SCHEDULE OF PROPERTY (AS IN THE EARLIER MORTGAGE)  Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

  • CREATION OF AN EQUITABLE MORTGAGE BY DEPOSIT OF TITLE DEEDS IN FAVOUR OF A COMPANY

    CREATION OF AN EQUITABLE MORTGAGE BY DEPOSIT OF TITLE DEEDS IN FAVOUR OF A COMPANY  This Memorandum made by me …………………………………….. ………………………………. Resi ________________ on this _________ day of _________ Now This Memorandum Witnesseth as Follows:  That I have handed over and entrusted the title deeds stated in the first schedule hereto concerning the property bearing no. _________________ more specifically stated in the second schedule hereto with Sh.__________________________  S/o Sh. _____________________  R/o_________________________ __________ for securing the payment of the sum of Rs.__________ (Rupees ______________________________________________ only) with interest @ ____ % per cent annually which was borrowed by me from him on __________ and the payment of which is due on ______. That I further declare that I have a clear and marketable title to the said properties and the documents of title so handed over and entrusted are the only documents of title relating to the said properties in my custody and possession.  The first schedule here in above referred to  The second schedule here in above referred to  Dated _________ Signed by the said Sh._________ (Mortgagor)  Download Word Document In English. (Rs.5/-) Download PDF Document In Marathi. (Rs.5/-)

  • SIMPLE MORTGAGE DEED (WITH RECITALS)

    SIMPLE MORTGAGE DEED (WITH RECITALS) This Deed of Mortgage made on this ____________ day of _____________ Between ………………………………………………………… resi ___________________________ hereinafter named "the Mortgagor" (which expression shall unless contrary to the context include his related successors, executors, administrators and assigns) of the one part; And …………………………………………………….. resi…………………… hereinafter called "the Mortgagee"(which expression shall unless contrary to the context include his related successors, executors, administrators and assigns) of the other part; Whereas (1) The Mortgagor has borrowed a sum of Rs._________ (Rupees _______) from the Mortgagee and has promised in repaying said sum with interest @ __ % annually. (2) The Mortgagor being owner of and completely seized of a plot of land located at ____________ (more specifically stated in the schedule hereto). (3) The Mortgagee has asked and the Mortgagor has consented to mortgage the said property as security for payment of said loan. Now This Deed Witnesseth as Follows: 1. In consideration of sum of Rs.___________ borrowed by Mortgagor from the Mortgagee (the Mortgagor hereby acknowledges its receipt) the Mortgagor hereby agrees with the Mortgagee that the Mortgagor will pay to the Mortgagee the said sum of Rs. _________ on ________ the day of _________along with an interest @ __ % from the date of this deed till time, said sum is fully repaid (hereinafter stated "the mortgage money"). 2. That securing the aforesaid loan, the Mortgagor hereby transfer, by way of simple mortgage, to the Mortgagee ALL that property stated in schedule annexed hereto (hereinafter stated "the mortgaged property") intending that if payment is defaulted of mortgage money hereunder, the Mortgagee can get mortgaged property be sold, which sale proceeds will be applicable in paying the mortgage money. 3. The Mortgagor also agrees with Mortgagee that mortgaged property is free from all encumbrances /charge. 4. The Mortgagor shall bear a right, prior sum becoming due per this deed, for paying to Mortgagee any sum not less than Rs. _________, due to sum secured under this deed. All sum so paid shall be applicable per order as bellow: (i) By reducing or paying interest /costs then due per the terms of this deed in reducing or paying the principal money secured under this deed. 5. The Parties hereto consents that the cost of registration of this deed with stamp duty and other misc. expenditure shall be borne by the Mortgagor In Witness Whereof, the parties hereunto have hereunder put their signed this day ________ of _________. (The schedule hereinabove referred to) Download Word Document In English. (Rs.10/-)

  • SUB-MORTGAGE

    SUB-MORTGAGE This Deed of Mortgage Made Between ………………………………………………. resi ______________ hereinafter called "the Mortgagor" (which expression shall unless contrary to the context including his related successors, executors, administrators and assigns) of the one part And ………………………………………………………resi………………………………. hereinafter called "the Mortgagee" (which expression shall unless contrary to the context including his related successors executors, administrators and assigns) of the other part Whereas 1. The owner of the plot of land located at ______________ (more specifically stated in the schedule hereof) had Mortgaged the said property to the Mortgagor for Rs. ____________ vide an Usufructuary Mortgaged deed dated ___________ registered with the office of sub-registrar at ______________ on __________. 2. As per the terms of said Usufructuary Mortgaged deed, the mortgage was to be redeemed at any time after __________ years from the date of the Usufructuary Mortgaged deed on paying the sum of Rs.____________ 3. The Mortgagor has since possessed the said property and the said sum of Rs. __________ is still due to him on the said mortgage 4. Now the Mortgagor is in need of money and hence wants to borrow a sum of Rs.__________(Rupees ____________) from the Mortgagee and the Mortgagee has consented to grant him the loan of Rs.__________ at interest @ ___ % annually and on mortgage of the said property as a security for the payment of the said loan. Now This Deed Witnesseth as Follows: 1. In consideration of the sum of Rs.___________ borrowed by the Mortgagor from the Mortgagee (which receipt is acknowledged by Mortgagor) the Mortgagor hereby agrees with the Mortgagee that the Mortgagor will pay to the Mortgagee the said sum of Rs. _________ on ________ the day of __________ with an interest @ __ % from the date of this deed till the time the said sum is fully repaid (hereinafter called "the mortgage money"). 2. That as a security for the above stated loan, the Mortgagor hereby assigns to the Mortgagee All that debt secured by the aforesaid usufructuary mortgage deed and all the rights/remedies and securities in writing or impliedly contained in or bestowed upon the Mortgagor by the aforesaid usufructuary mortgage deed, To Hold the same to the Mortgagee subject to the right of redemption hereinafter laid and transfers to the Mortgagee All that property contained in the above stated usufructuary mortgage deed, To Hold the same to the Mortgagee as usufructuary Mortgagee on the terms /conditions hereinafter stated and subject to such right of redemption as exists due to the aforesaid usufructuary mortgage deed and per right of redemption by the Mortgagor after it laid. 3. The Mortgagor hereby agrees to the Mortgagee that the mortgaged property is free from all encumbrances or charge excepting first mortgage hereinbefore stated. 4. The Mortgagee hereby agrees with the Mortgagor that he may redeem the mortgage at any time after _________ years on repaying the said loan of Rs._________ with interest. On such repaying, the Mortgagee will re-transfer the mortgaged property to the Mortgagor and will put him in actual possession of the property. 5. The Parties hereto consent that cost of registration of this deed with stamp duty and other misc. expenses shall be borne by the Mortgagor. In Witness Whereof, the parties hereunto have signed below this day ________ of _________. Mortgagor Mortgagee Witness: Download Word Document In English. (Rs.15/-)

  • DEED OF HYPOTHECATION OF BUSINESS ASSETS WITH BANK AGAINST CREDIT FACILITIES

    DEED OF HYPOTHECATION OF BUSINESS ASSETS WITH BANK AGAINST CREDIT FACILITIES  Download Word Document In English. (Rs.25/-) Download PDF Document In Marathi. (Rs.25/-) This Agreement made on this ____ day of _____  Between  M/s_____________________________,  a company incorporated under the Companies Act, 1956 and having its registered office at ________  hereinafter called "the Company" of the one part  And __________________________________Bank Ltd  a company incorporated under the Companies Act, 1956 and having its registered office at _________  hereinafter called "the Bank" of the one part  Whereas the Company wants to have credit facilities from the Bank to the extent of Rs.__________ (Rupees ___________________________________________) to doing its business operations more smoothly and the Bank has consented to grant the credit facilities to the limit of Rs._________ (Rupees ______________________________________) and on terms and conditions hereinafter appearing. Now This Agreement Witnesseth as Follows:  1. Consideration  That in consideration of the credit facilities to the limit of Rs.__________ (Rupees__________________________) granted by the Bank to the Company, the Company hereby consents, declares and agrees that all business assets of the Company, held at present as well as in future, which are movable including but not restricted to sundry debtors, stocks, loans and advances of whatsoever nature, investment, furniture's and fixtures, vehicles, _____________, etc., wherever kept and stored shall stand hypothecated to the Bank by way of a first charge as security for the payment of all amounts due to the Bank under the credit facilities allowed by the Bank by the time such credit facilities are enjoyed by the Company. Provided that the value of the business assets as stated as above shall, for all times after it, be at least ___per cent of the amount due to the Bank per said credit facilities and if, at any time, the value of the business assets decreases than the above stated percentage, the Company shall endeavour enhancing its business assets for making the value of the business assets in accordance to above stated percentage.  2. Interest  The Bank shall charge an interest @ ___% annually on the amounts due under the said credit facilities which rate may, however, vary basing on the Instruction issued by the Reserve Bank of India, from time to time. The interest so due as stated above shall be calculated on monthly basis, debited by the Bank to the account of the Company on the last working day of each month. 3. Companys Agreements  The Company hereby agrees that:  (i) All business assets hereinabove stated presently held by the Company are in existence and the complete property of the Company, which have not been pledged, mortgaged or charged, in any manner whatsoever by, the Company.  ii) The Company shall, all times after it and at its own costs /charges, keep all business assets, if held presently or purchased subsequently , in good conditions and properly insured against loss or damage of whatever nature and the insurance policies concerning thereof be shown or, if so intended by the Bank, be handover to the Bank. When the security continuing, the Company shall pay whole insurance premier /sums of money compulsory for enforcing such insurance. In case of any damage or loss suffering to the said business assets or any portion thereto the Company shall immediately get the same repaired or substituted as the case may be or arrange recovery of entire amount or to be recovered from the insurance Company to the Bank towards the payment of the amount due under the said credit facilities. (iii) So long as the business assets hereinabove stated, if presently held or bought subsequently, remain hypothecated to the Bank, the Company shall not pledge, mortgage, hypothecate, transfer or part with or in any way deal with them without obtaining permission of the Bank in this behalf. (iv) The Company shall, all times after it, allow the Bank/ its agents and representatives for entering any premises of the Company having hypothecated business assets, for inspecting those assets physically as well as the accounts & other records concerning thereof and take details of the same. (v) The Company shall present to the Bank, on monthly basis (or as intended by the Bank from time to time) such statements /other documents concerning the business assets hypothecated to the Bank as needed by the Bank.  4. Liability in case of loss or damage  The Bank shall not be responsible to the Company for any loss /damage, of whatsoever nature, to said business assets which may occur whether or not the said business assets are in the custody /possession of the Bank. the Company shall keep compensate the Bank including its agents and representatives from and against any claims, demands and other costs that may, at any time after it, emerge concerning anything done validly by the Bank including its agents /representatives concerning the said business assets. 5. Default by Company  If the Company default in repaying the said credit facilities, by any reason whatever or default in carrying out any the terms of this deed, Bank may seize by taking possession of said business assets and sell all the said business assets or any of them either by public auction or private contract and may, out of the sale proceeds, reserve the balance of the amount due in the said credit facilities and all costs, charges and expenses, and payments incurred /made in relating sale of the said business assets or otherwise and shall paying the surplus, if any, to the Company. In Witness Whereof, the parties hereunto have executed these presents on the day and year first above written. For and on Behalf of M/s __________  (Company) For and on Behalf of ____________  (Bank)  Witness:  1.  2.

  • AGREEMENT OF PLEDGE OF MOVABLES

    AGREEMENT OF PLEDGE OF MOVABLES  This Agreement made on this ____ day of ________ Between ……………………………………………. Resi ____________________  hereinafter called "the Borrower" (which expression shall unless contrary to the context including his related successors, executors, administrators and assigns) of the one part And  ………………………………. Resi _______________  hereinafter called "the Lender" (which expression shall unless contrary to the context include his related successors, executors, administrators and assigns) of the other part Whereas the Borrower wants to borrow a sum of Rs.__ ______(Rupees __________________________) from the Lender for doing his business and the Lender has consented to grant him the loan of Rs.___________ at interest @ ___ % per annually and on terms /conditions hereinafter appearing. Now This Agreement Witnesses as Follows:  1. In consideration of the Lender granting a loan of Rs.________ (Rupees ____________ only) to the Borrower (which receipt is acknowledged by the Borrower), the Borrower has handed over to the Lender certain articles/assets/goods belonging to the Borrower as stated in the schedule hereto by way of pledge for securing the payment of the said loan on or before the ____ day of _______. 2. In consideration of the said loan, the Borrower hereby himself promises to repay the said loan of Rs.__________ with interest @ __% thereon. The Borrower also promises to pay all costs, charges and other expenses, if any incurred by the Lender connecting with storing and handling of the said articles. 3. That the Borrower hereby agrees that the articles/assets/goods pledged by way of this covenant is the complete property of the Borrower and is free from any charge, lien or encumbrance of any type, whatever. 4. The Lender shall not be liable to the Borrower for any loss or damage, of whatever type, to the said articles as happened during the time of custody of said articles/assets/goods with the Lender and the Borrower shall keep compensated the Lender including his related successors, executors, administrators and assigns from and against any claims, demands and other costs that may, at any time after it, emerge concerning of anything done by the Lender including his related successors, executors, administrators and assigns in relation with said the articles/assets/goods.  5. If Borrower default paying money secured by this agreement or contravention of any terms/ conditions of this covenant, the Lender shall be empowered, by serving a notice of ___ days to the Borrower, for bending either by public auction or through private contracts or otherwise dispose of, the said articles and apply the amount got there from towards payment of the amount due to the Lender. In Witness Whereof, the parties hereunto have signed below this day _________ of Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.10/-)

  • FORM OF A SIMPLE MORTGAGE

    FORM OF A SIMPLE MORTGAGE THIS DEED OF SIMPLE MORTGAGE is made the _______ day of _______, 20 _______ BETWEEN ……………………………………………, aged ___________________, resi……………………………………….. (hereinafter called the Mortgagor) of the one part ……………………………………………….., aged ………………………………………. Resi…………………………………………. (hereinafter called the Mortgagee) of the other part WITNESSES that in consideration of the sum of Rupees ___________ (Rs.______________________________ ) only paid by the said ……………. to the said ……………..., receipt whereof the said …………….. hereby acknowledges, the said AA. as beneficial owner hereby transfers unto the mortgagee by way of Simple Mortgage all _______ (here describe the property by giving its situation, etc.) more specifically described in the Schedule hereto and shown in red in the site plan attached AND IT IS HEREBY AGREED AND DECLARED that if the said sum of Rupees _______ (Rs ___________________________________) only, with interest thereon at the rate of _______ per cent per annum, shall not be paid within the period of _______ years ending with the _______ day of _______ of _______, 20 _______, according to the covenants herein agreed in that behalf it shall be lawful for the mortgagee, his heirs, executors, administrators or assigns, at any time or times have the said messuages and premises sold and with and out of the moneys so realised from such sale as aforesaid, have his mortgage amount, interest and costs paid, and should the sale not realise the sum due upon the mortgage the Mortgagor hereby covenants with the Mortgagee that he the Mortgagor will pay to the Mortgagee any sum found or remaining due over and above the amount realised by the sale. IT IS FURTHER DECLARED that the said Mortgagor has the power and right to effect this mortgage and the property hereby given in mortgage is neither charged for the payment of any money nor encumbered in any other manner whatsoever. IN WITNESS where of the said ……………. and ……………... have hereto signed at _______ the day and the year first abovementioned. Witnesses: 1. Sd. …………………... Mortgagor 2. Sd. ……………………... Mortgagee SCHEDULE OF PROPERTY Download Word Document In English. (Rs.15/-)

  • ENGLISH MORTGAGE

    ENGLISH MORTGAGE  This Deed of Mortgage Made  Between Mr…………………………………….. resi ___________________  hereinafter called "the Mortgagor" (which expression shall unless contrary to the context including his related successors, executors, administrators and assigns) of the one part                                 And Mr…………………………………………… resi ______________________  hereinafter called "the Mortgagee" (which expression shall unless contrary to the context including his related successors, executors, administrators and assigns) of the other part  Whereas 1. The Mortgagor being owner and completely seized of the plot of land located at ___________ . 2. The Mortgagor is doing the business of _________ and wants to borrow a sum of Rs.__________ (Rupees _______________ ) from the Mortgagee for doing his business and the Mortgagee has consented to lend the said sum on interest @ ___ % annually on the condition that the repaying the said sum with interest shall be secured by the mortgage of the property. Now This Deed Witnesseth as Follows:  1. In consideration of the sum of Rs.__________ borrowed by the Mortgagor from the Mortgagee (which receipt is acknowledged by Mortgagor ) the Mortgagor hereby agrees with the Mortgagee that the Mortgagor will pay to the Mortgagee the said sum of Rs. _________ in _____ half–yearly/quarterly/monthly instalments, the first instalment being due on ________ the day of ___________ with an interest @ __ % from the date of this deed till the time the said sum is fully repaid (hereinafter called "the mortgage money").  2. That as a security for the aforesaid loan, the Mortgagor hereby transfers, to the Mortgagee All that property stated in the schedule annexed hereto (hereinafter called "the mortgaged property") and To Hold the same to the Mortgagee completely.  3. That on paying of the mortgage money with interest on the day and in the manner hereinbefore stated the Mortgagee shall re-transfer the mortgaged property to the Mortgagor and shall also handover to the Mortgagor, this Mortgage deed and other documents concerning the mortgaged property which are in the possession of the Mortgagee per this Mortgage deed. 4. The Mortgagor also agrees with the Mortgagee that he is the complete owner of the mortgaged property and the mortgaged property is free from all encumbrances or charge. 5. That if Mortgagor default in paying the principal sum with interest thereon or any portion of the principal sum or interest, the Mortgagee shall be justified in entering into and taking possession of the mortgaged and hold and enjoy the rents /profits received there from by without any interruption or disturbance by the vendor or any person claiming through or under him and without any lawful disturbance or interruption by any other person whosoever; and in such an event the Mortgagor, including his related successors , executors, administrators and assigns shall, at all reasonable times and at the cost of the person requiring the same, sign, execute and do all other acts, deeds and things as may be compulsory for subsequent assuring the said property to the purchaser, his successors or assigns as may reasonably be needed;  6. The Parties hereto consent that the cost of registration of this deed with stamp duty and other misc. expenses shall be borne by the Mortgagor.  In Witness Whereof, the parties hereunto have signed below this day _________ of __________.  Mortgagor  Mortgagee  Witness:  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • MORTGAGE FOR SECURING ADVANCES

    MORTGAGE FOR SECURING ADVANCES Download Word Document In English. (Rs.20/-) THIS MORTGAGE is made this the _______ day of _______ 20 _______, BETWEEN Mr………………………………... ,age……… Resi………………………………… a firm duly registered under the Indian Partnership Act with the Registrar of Firms at _______.and having its registered office at _______ and its showroom at _______ acting through its partner Shri ___________________ and ______________ .(hereinafter called the Mortgagors) of the one part AND ,……………………………………………………………………………… Age………………………………………….. .resi………………………………………….. (hereinafter called the Mortgagee) of the other part. WHEREAS the Mortgagors are carrying on the wholesale business of purchase and sale of various commodities on a wholesale scale and have to pay large sums for such bulk purchases at a time and have no liquid money to cover such payments; AND WHEREAS the Mortgagee has on the request of the Mortgagors agreed to advance from time to time sums of money not exceeding the sum of Rs _______ at any one time up to a limit of Rupees _______ (Rs _______) only. NOW, THEREFORE, THIS DEED WITNESSES that in consideration of the sums of money hereinafter to be paid from time to time in the manner hereinafter provided by the Mortgagee to the Mortgagors, the Mortgagors hereby transfer by way of mortgage the entire business known as AA of _____________________ together will all the books debts, stock-in-trade, goodwill, implements, trade utensils, furniture, fittings and fixtures specified in the Schedule hereto now being in or about the premises unto the Mortgagee, his heirs, successors and assigns on the conditions following: 1. That the Mortgagee shall on demand pay or cause to be paid to the Mortgagors or their order any sum or sums not exceeding in the aggregate the sum of Rs ___________ aforesaid. That the Mortgagors shall pay an interest of _______ per cent per annum on the sum or sums so advanced from the date of advance till payment, and the entire debt together with all interest, charges etcetera shall be paid within _______ years from the date hereof. 2. That the Mortgagors shall carry on their normal business of sale of buying and selling but the goods described in general in the foregoing para and more specifically in the Schedule hereto and the goods which shall hereafter be purchased by the Mortgagors shall all form security for the due payment of this loan. The goods hereafter bought shall be deemed to be in substitution for and in lieu of such of the goods which might have been sold. All such goods shall form the security for the payment by the Mortgagors of the balance due to the Mortgagee at any time. And the expression balance due to the Mortgagee in this and subsequent paras include the principal money advanced and also all interest thereon at the rate hereinbefore specified and the amount of all or any other charges and expenses which the Mortgagee may have paid or incurred in any way in connection with the securities or their sale or disposal thereof. 3. That the Mortgagors shall be at liberty from time to time to withdraw from the Mortgagee any of the goods for the time being mortgaged to the Mortgage and forming part of the security, the subject of this agreement, provided the Mortgagors substitute goods of a similar nature to those mentioned in the Schedule hereto, or any of the same, and of at least equal value for the goods so withdrawn. 4. That in case any goods are withdrawn, as provided above, or sold, in the normal course of business, as provided in Para 2 above, and similar, or goods of equal value, not substituted then the advance value of the goods so withdrawn shall be paid by the Mortgagors to the Mortgagee within one week of such withdrawal or sale by way of part payment of the balance due to the Mortgagee and will be credited as such by the Mortgagee in the mortgage account. 5. That the Mortgagors shall not during the continuance of this mortgage, mortgage, pledge or otherwise howsoever charge or encumber any of the goods for the time being the subject or entitled to be the subject of this security nor do or permit any act whereby the security hereinbefore expressed to be given to the Mortgagee shall be in any way impaired. 6. That the Mortgagee shall keep a regular account of the advances made from time to time, together with all interest, expenses and charges incurred, and furnish a copy of the same to the Mortgagors as and when demanded and the Mortgagors shall insure the entire security against loss or damage by fire, burglary and civil commotion and the Insurance Policy shall be assigned and kept lodged with the Mortgagee so that he may in case of such loss or damage arising during the subsistence of this mortgagee realise the same from the Insurance Company. The Mortgagors shall also permit the Mortgagee to inspect the mortgaged property or any books of account of the Mortgagors whenever demanded in order to enable him to find out if the terms of this mortgage are being complied with by the Mortgagors. 7. That if the Mortgagors shall fail to pay the advance value of the goods withdrawn or sold or disposed of or shall fail to substitute the goods withdrawn, sold or disposed of or otherwise impair the security or if the Mortgagors fail to repay the balance due to the Mortgagee or in the event of any other breach of the terms of the mortgage it shall be lawful for the Mortgagee to have the mortgaged goods sold for the recovery of the amount due AND should the sale not realise the sum then due on the mortgage, the Mortgagors hereby agree with the Mortgagee that it shall be lawful for the Mortgagee to demand and obtain a simple money decree for the balance of the amount left unrealised. 8. That no change whatsoever in the constitution of the Mortgagor-firm during the continuance of this mortgage shall impair or discharge the liability of the Mortgagors or the individual partners then comprising the said firm. IN WITNESS whereof the Mortgagors and the Mortgagee have hereunto at _______, set their hands the day and the year first abovewritten. Witnesses: Sd. Sd. 1. Mortgagors. 2. (Partners) Sd. Mortgagee.

  • DEED OF HYPOTHECATION (CHARGE)

    DEED OF HYPOTHECATION (CHARGE) Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.25/-) THIS HYPOTHECATION is made the _________ day of _________, in the year 20 _________  BETWEEN  …………………………………………………….. Mills Ltd.  a limited liability company having it registered office at ____________________ and its factory _________ at _________  (hereinafter called ‘the Mills’) of the one part  AND     the ______________________________ Bank having its registered office at ________________ and several branches including the one at_________________ _________ (hereinafter called ‘the Bank’) of the other part. WHEREAS the Bank at the request of the Mills has agreed to grant to them accommodation through the medium of a Cash-Credit Account under a drawing limit of Rupees _________(Rs _________________________________) only to be secured in the manner hereinafter expressed. NOW THEREFORE IT IS HEREBY AGREED AND DECLARED as follows: 1. That the Mills hereby charges and hypothecates by way of first charge in favour of the Bank all present and future movable plants, engines, machinery, apparatus, tools, motor trucks, lorries and cars, furniture, stocks of _____________________ and other stocks and goods of the Mills, whether in possession or in transit or in process of manufacture (hereinafter referred to as ‘‘the said property’’) for the purposes and upon the terms hereinafter declared. 2. That the said property shall stand hypothecated and charged to the Bank by way of first charge as security for the payment to the Bank on demand of the balance of the said Cash-Credit Account and/or any other account of the Mills with the Bank at the aforesaid Branch of the Bank at. _________ with all interests, discount, commission, charges, costs, etc. usually, customarily or expressly contracted to be debited to the said account or accounts by the Bank in relation to any such indebtedness or liability. 3. That unless otherwise expressly agreed interest at the rate of one per cent per annum above the Reserve Bank of India rate for demand loans obtaining from time to time with a minimum rate of _________ per cent per annum shall be calculated on the daily balances payable by the Mills to the Bank on the said account or accounts on the last working day of each English month or otherwise in accordance with the practice of the Bank and although the relation of Banker and Customer may have ceased, the same shall thenceforth carry interest at the rate aforesaid. 4. That the Bank may at any time at its option and without assigning any reason close the said Cash-Credit Account and stop all future advances and demand payment of the balance then due. 5. That on demand being made by the Bank the Mills shall forthwith pay to the Bank at its said branch at _________ the balance then outstanding and owing to the Bank on the said account or otherwise inclusive of all charges, commissions, expenses, costs and interest at the stipulated rate up to the date of final payment and in this respect the Mills undertake to accept as sufficient proof of the amount due from them a true copy of the account furnished by the Bank without the production by the Bank of any vouchers, receipts, paper or original books of account. 6. That the said property shall be kept fully insured at the cost of the Mills under a comprehensive policy of insurance with a reliable company of the Bank’s choice and the policies transferred and delivered to the Bank. If the Mills fail to effect such insurance the Mills hereby absolve the Bank from all responsibility for loss of or damage to the said property from whatsoever causes arising, including loss by fire, theft, neglect, strikes or civil commotion, while in process of manufacture, clearance or while stored in the factory premises or any godowns appurtenant to or kept by the factory. 7. That the Mills undertake to put at appropriate and conspicuous places on the Mills or factory premises boards with the inscription: _________ Bank, Mortgagee’’ and it shall be deemed whenever so required that the said property stands hypothecated with the Bank. 8. That the Bank shall at all times be and is hereby authorised as if in absolute possession and without notice to the Mills by its servants and with or without workmen to enter any place where any part of the said property may be and inspect and value the same and on any default of the Mills for twenty-four hours in payment of any money hereby secured or in the performance of any obligation of the Mills to the Bank hereunder or in the event of a distress execution attachment or other similar process being held out, levied or enforced against or upon any property of the Mills or in the event of any winding up or insolvency petition being made or an effective resolution passed for the winding up of the Mills or on the occurrence of any circumstances in the opinion of the Bank endangering this or any other security in the Bank’s favour, the Bank without notice to the Mills shall be entitled at any time or times to take charge of and/or to sell and realise by public auction or private treaty at such price and on such terms as the Bank in its absolute discretion shall think fit the said property or any part thereof AND for the said purposes the Mills hereby authorise and empower the Bank through is agents and officers to do and execute any of the above things and acts aforesaid as effectively as if the Mills were itself doing the same. 9. That the Bank shall be entitled to proceed against the said property or any part thereof and to allocate and apply the net proceeds of any sale or auction and any other moneys in its hands standing to the credit of or belonging to the Mills on any account independently of the one or the other in such order and in such manner as the Bank may think fit in or towards payment of any amount for the time being payable to the Bank on the said account or otherwise and also apply or hold the same in or towards the satisfaction of any present or future liability and to recover at any time from the Mills by suit or otherwise the balance remaining payable to the Bank on the said account or otherwise notwithstanding that all or any of the security of the Bank may not have been realised. 10. That the Mills shall not create or suffer any mortgage, charge, lien or encumbrance affecting the said property or any part thereof nor do or allow anything whereby the Bank’s security is prejudicially affected or its rights impaired. 11. That the Mills will submit to the Bank monthly or oftener as may be required by the Bank full statements and accounts of the assets and business of the Mills and will execute all documents and do all acts and things which the Bank may require in order to give effect to the terms of this agreement. 12. That this agreement and the security herein referred to shall operate as a continuing security for all moneys, indebtedness and liabilities aforesaid notwithstanding the existence of a credit balance on the said Cash-Credit Account or any other account at any time or any partial payments or fluctuations of account.  13. That the Mills hereby declare that all the present assets and properties of the Mills charged as aforesaid are the absolute property of and are at the disposal of the Mills, free of all prior charges, encumbrances, liens and attachments and all future assets and properties hereunder shall likewise be unencumbered absolutely and shall be at the complete disposal of the Mills. 14. That it is hereby further agreed and declared that any notice by way of request, demand or otherwise hereunder may be given to the Mills by being left at or sent by post addressed to the last known registered address of the Mills and if sent by post it shall be deemed to have been given at the time when it would be delivered in due course of post and in proving such notice it shall be sufficient to prove that the envelope containing the said notice, request, demand or otherwise was posted and a certificate signed by the Bank or its local manager or other officer to the effect that the envelope was so posted shall be conclusive.  IN WITNESS whereof Sri _________ Manager/Managing Agent or Managing Director of the Mills for and on behalf of the Mills authorised by resolution duly passed and Sri _________,  Manager/Agent of the Bank at _________, under a power of attorney duly executed by the Bank have hereunto at _________, signed the day and the year first abovewritten.  Witnesses: 1. For The _________Mills Ltd. Sd _______ Address: Manager/Managing Agent/Managing  Director. 2. Address: For  The _________ Bank  Sd _______  Manager/Agent  Note.—Where the document creates a charge on the properties of a limited liability company, it should be registered with the Registrar of Joint Stock Companies, under Section 125 of the Indian Companies Act, 1956

  • MORTGAGE BY CONDITIONAL SALE

    MORTGAGE BY CONDITIONAL SALE This Deed of Mortgage Made Between Mr……………………………………………………… resi ____________ hereinafter called "the Mortgagor" (which expression shall unless contrary to the context including his related successors, executors, administrators and assigns) of the one part                                    And Mr. __________________________. resi __________________________ hereinafter called "the Mortgagee" (which expression shall unless contrary to the context including his related successors, executors, administrators and assigns) of the other part Whereas 1. The Mortgagor being owner and completely seized of plot of land located at ________ 2. The Mortgagor has been doing the business of __________ and wants to borrow a sum of Rs.__________ (Rupees ____________________________________________) from Mortgagee for doing his business, which Mortgagee has consented in lending the said sum with interest @ ___ % annually on condition that the repayment of the said sum with interest shall be secured by the mortgage of the property. Now This Deed Witnesseth as Follows: 1. In consideration of the sum of Rs._________ borrowed by the Mortgagor from the Mortgagee (which receipt the Mortgagor hereby acknowledges) the Mortgagor hereby agrees with the Mortgagee that Mortgagor will pay to the Mortgagee the said sum of Rs. _________ in _____ half–yearly/quarterly/monthly installments, the first installment falling due on ________ the day of ___________ with an interest @ __ % from date of this deed till time the said sum is fully repaid (hereinafter called "the mortgage money"). 2. That per security for above stated loan, the Mortgagor transfers and delivers physical vacant possession to Mortgagee of whole property stated in the schedule annexed hereto (after it designated "the mortgaged property") per condition, on defaulting paying the mortgage money on a certain date, the transfer so made shall be a complete sale, or payment if made by the Mortgagor the sale become nullity and Mortgagee shall re-convey the mortgaged property to the Mortgagor free from all encumbrances. 3. The Mortgagor also agrees with the Mortgagee that he is the complete owner of the mortgaged property and property is free from all encumbrances or charge. 4. If Mortgagor default payment of sum due under this deed with interest, the Mortgagee shall have a right to foreclose the Mortgagor’s equity of redemption. 5. The Parties hereto consent that cost of registration of this deed with stamp duty and other misc. expenses shall be borne by the Mortgagor. In Witness Whereof, the parties hereunto have signed this day ________ of __________. Download Word Document In English. (Rs.15/-)

  • DEED OF USUFRUCTUARY MORTGAGE BY THE MANAGER OF A JOINT HINDU FAMILY

    DEED OF USUFRUCTUARY MORTGAGE BY THE MANAGER OF A JOINT HINDU FAMILY  This Deed of Mortgage made on this __________ day of ___________                                               Between ……………………………………………………………………….. Resi ________________________________  ……………………………………………………………………. Resi …………………………..…………………………………. ..…………………………………………… Resi _________________________________ acting through Sh. ____________________________, Manager of Joint Hindu Family hereinafter called "the Mortgagor" (which expression shall unless contrary to the context including their related successors, executors, administrators and assigns) of the one part  And …………………………………… Resi ________________ hereinafter called "the Mortgagee" (which expression shall unless contrary to the context including his related, successors executors, administrators and assigns) of the other part  Whereas 1. The Mortgagor and his two sons namely, Sh. __________ and Sh._________________________ form a Joint Hindu family, which is ruled by the Mitakshara School of Hindu Law.  2. The plot of land bearing no. _______________ located at __________ being joint ancestral property of the said family (more specifically stated in the schedule I hereof, "the property");  3. The Mortgagor has been doing the business of ______________ and wants to borrow a sum of Rs._________ (Rupees _______________________ ) from the Mortgagee for doing the business and other family requirements (state the nature and type of requirements) and the Mortgagee has consented to lend the said sum on interest @ ___ % annually on the condition that the repaying of said sum with interest shall be secured by the mortgage of the property.  Now This Deed Witnesseth as Under:  1. In consideration of the sum of Rs.___________ borrowed by the Mortgagor from the Mortgagee (which receipt is acknowledged by the Mortgagor ) the Mortgagor hereby transfers, by way of usufructuary mortgage, to the Mortgagee whole property stated in the schedule annexed hereto (hereinafter called "the mortgaged property") including the right of possession of the property with the intention the Mortgagee shall have right to reserve such possession until payment of mortgage money, and to receive the rents and profits and to appropriate the same (after paying the Government revenue and other taxes, of whatsoever nature, assessed, imposed or charged on the said property) in place of interest, or in payment of the mortgage money, or partly in place of interest or partly in payment of the mortgage money. 2. The Mortgagor also agrees with the Mortgagee that the mortgaged property being joint ancestral property of the family and free from all encumbrances or charge.  3. The Mortgagee hereby agrees with the Mortgagor that he may redeem the mortgage at any time after ________ years on repaying the said loan of Rs.______ with interest. On such repaying, the Mortgagee will re-transfer the mortgaged property to the Mortgagor and will put him in actual possession of the property.  4. The Parties hereto consents that the cost of registration of this deed with stamp duty and other misc. expenses shall be borne by the Mortgagor.  In Witness Whereof, the parties hereunto have signed below this day ______ of _________.  (The schedule hereinabove referred to)  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

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