Format-Deed of Simple Mortgage

DEED OF SIMPLE MORTGAGE
THIS DEED OF SIMPLE MORTGAGE is made at ______________ this _____

day of ________ 200__
between
(1) _______________, son/daughter of _____________ aged about ______ years
resident at ___________________(hereinafter referred to as the Mortgagor which
expression shall unless repugnant to the context or meaning thereof, be deemed
to mean and include his/her legal heirs, executors and administrators) of the one
part.
OR (applicable in case of a couple )
_________________, son/daughter of _________________ aged about _____ years
and his/her spouse __________________, son/daughter of ________________
aged about _____ years both residing at ___________ (hereinafter referred to as
the Mortgagors which expression shall unless repugnant to the context or
meaning thereof, be deemed to mean and include their legal heirs, executors and
administrators) of the one part; and
(2) ____________________ [Housing Finance Company (HFC)], a company
within the meaning of the Companies Act, 1956 (1 of 1956) and having its
registered office at ________________________ (hereinafter referred to as the
Mortgagee which expression shall, unless repugnant to the context or meaning
thereof, be deemed to include its successors in interest and assigns) of the other
part;
OR (in case of a Bank)
[ x ] a banking company within the meaning of the Banking Regulation Act,
1949 and having its registered /head office at
[ x ] and a branch office at
______________ (hereinafter referred to as the Mortgagee which expression
shall, unless repugnant to the context or meaning thereof, be deemed to include
its successors in interest and assigns) of the other part;
WHEREAS:
(A)
The Mortgagor is absolutely seized and possessed of or otherwise well

and sufficiently entitled to the land and premises bearing municipal
survey no. ________ lying being and situate at ___________________
within the city/village limits of [_____] registration sub-district [_____]
and district [____] (hereinafter referred to as the Residential Property)
more particularly described in the Schedule hereunder written;
(B)
By a loan agreement dated ___________ (the Loan Agreement) made

between the Mortgagor as the borrower of one part and the Bank as the
lender of the other part, the Mortgagee has agreed to lend and advance to
the Mortgagor and the Mortgagor has agreed to borrow from the
Mortgagee the amount of Rs. ____________ (Rupees _____________) (the
Loan) upon the terms and conditions set out therein against the security
by way of mortgage of the said Residential Property
(C)
The Mortgagee has called upon the Mortgagor to create mortgage on the
said Residential Property as and by way of security for repayment of the
Loan and payment of interest as hereinafter provided.
NOW THIS DEED WITNESSETH that in pursuance of the said Loan

Agreement and in consideration of the sum of Rs. ____________ lent and
advanced/ to be lent and advanced by the Mortgagee to the Mortgagor on the
execution of these presents (the receipt whereof, the Mortgagor doth hereby
admit) the Mortgagor hereby covenants with the Mortgagee that the said sum of
Rs. ____________ together with interest, costs, charges, expenses and all other
amounts payable under the Loan Agreement (the Mortgage Debt) shall
become due and payable on the happening of any one of the following events
(hereinafter referred to as the Specified Event) whichever occurs first, that is to
say:
a) on the Mortgagors death (or in case where the Borrowers are a married
couple, on the death of the surviving spouse); or
b) in the event of the Mortgagor selling the Residential Property ; or
c) if the Mortgagor permanently moves out of the Residential Property;
Provided that:
i) the amount of the Mortgage Debt shall not exceed the sale proceeds
realized on sale of the Residential Property and in that event the claim for
the Mortgage Debt shall not exceed the sale proceeds of the said
Mortgaged Property;
ii) in the event of any heir/legal representative/executor/administrator of
the Mortgagor is willing to repay and discharges the Mortgage Debt
within sixty days after the death of the mortgagor or his/her spouse, the
Mortgagee shall not take any action for enforcement of the security on the
Residential Property.
iii) in the event the sale proceeds, on the sale of the Residential Property on
enforcement of the security exceeds the Mortgage Debt, such excess
amount shall be retained by the Mortgagee and the Mortgagee may make
payment of the same to the legal heirs of the Mortgagor as may be decided
by the Mortgagee in its absolute discretion after such legal heirs shall have
satisfied the Mortgagee by such evidence as may be satisfactory to the
Mortgagee that he/they is/are the legal heir(s) and the only person
entitled to inherit the estate of the deceased Mortgagor.
AND THIS DEED FURTHER WITNESSETH that in consideration aforesaid, the
Mortgagor doth hereby transfer by way of mortgage the Residential Property
together with all his rights, title and interest in the piece or parcel of land bearing
municipal no. [________] and lying bearing and situate at ____________________
within the city/village limits of [______] registration sub-district [______] and
district [_______] (hereinafter referred to as the Mortgaged Premises) and
described in the Schedule hereunder written as a security for repayment and
payment of the said Mortgage Debt with a condition that on the Mortgagor or his
heirs, executors, administrator, assigns repaying/paying the Mortgage Debt due
to the Mortgagee in accordance with the provisions contained in the Loan
Agreement and thereupon, the Mortgagee will release the Mortgaged Premises
from the mortgage security and shall if so required by the Mortgagor execute a
Deed of Release at the cost of the Mortgagor.
AND IT IS HEREBY AGREED AND DECLARED that in the event the Mortgage
Debt is not paid on occurrence of any of the Specified Events, the Mortgagee
shall be entitled to have the said Mortgaged Premises sold through any
competent Court and to realize and receive the said Mortgage Debt out of the net
sale proceeds of the said Mortgaged Property.
Nothing stated hereinabove shall prejudice or adversely affect the right of the
Mortgagee to enforce the security of mortgage of the Residential Property
created hereunder by resorting to the proceedings, remedies and enforcement of
its rights available to it under the Recovery of Debts Due to Banks and Financial
Institutions Act, 1993 and The Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002, each for the time being in
force.
AND IT IS FURTHER AGREED AND DECLARED by the Mortgagor that he
shall also be liable to pay and shall pay all the costs, charges and expenses that
the Mortgagee will incur for the protection of the mortgage security and/or for
the realization of the Mortgage Debt and the same shall be deemed to form part
of the Mortgage Debt and the security thereof as aforesaid.
AND IT IS FURTHER AGREED that during the pendency of the security hereby
created and until repayment and payment of the Mortgage Debt, the Mortgagor
will get insured and keep insured the Mortgaged Premises from or against loss
and damages due to fire or any other accident in the sum of at least Rs.
___________ with some Insurance Company of repute (and which has been
approved by the Mortgagee) and pay all premia on the insurance policy as and
when the same become due and shall be payable in respect thereof to such
company and shall hand over the policy/ies to the Mortgagee duly endorsed in
its name as assignee And in the event of the Mortgagor failing to do so or to pay
the premium, the Mortgagee will be entitled to insure the Mortgaged Premises
3
and/or to pay the premium thereon and the amount paid by the Mortgagee in
respect thereof will be deemed to form part of the Mortgage Debt.
AND IT IS FURTHER AGREED that in the event of the Mortgaged Premises
being destroyed by fire or any accident as aforesaid, the Mortgagee will be
entitled to receive the insurance claim under such policy to the exclusion of the
Mortgagor and to appropriate the same first towards all arrears of interest and
then the principal amount or any part thereof as may be sufficient to pay the
Mortgage Debt due and if any surplus remains the same only will become
payable to Mortgagor.
IN WITNESS WHEREOF the parties have put their hands the day and year first
hereunder written.
THE SCHEDULE I REFERRED TO ABOVE

(Description of the Residential Property)
Signed and delivered by, ., the Mortgagor,
Signed and delivered by, ., the Mortgagee,
in the presence of WITNESSES:
1.
2.

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DEED OF SIMPLE MORTGAGE

THIS DEED OF SIMPLE MORTGAGE is made at __________ this _

The Mortgagor is absolutely seized and possessed of or otherwise well

By a loan agreement dated ___________ (the Loan Agreement) made

NOW THIS DEED WITNESSETH that in pursuance of the said Loan

THE SCHEDULE I REFERRED TO ABOVE

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