Memorandum of Deposit of Title Deeds
Memorandum of Deposit of Title Deeds
Memorandum of Deposit of Title Deeds
BETWEEN
Mr. Shivam Kumar s/o Mr. Pankaj Kumar having permanent and present residence at A-204
Kalpataru Apartments, Sector 74, Rohini, New Delhi, by faith a Hindu, by profession an advocate,
by nationality an Indian, 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
Mr. Ankit Sinha s/o Mr. S. P Sinha having permanent and present residence at 3/166- Vishal
Khand, Sector 35, Rohini, New Delhi, by faith a Hindu, by profession a Divisional Commissioner,
hereinafter called "the Mortgagee"(which expression shall unless contrary to the context include her
related successor, executors, administrators and assigns) of the other part;
Whereas,
(1) The Mortgagor has borrowed a sum of ₹ 83,00,000 (Eighty-Three lakhs Rupees) from the
Mortgagee and has promised in repaying said sum with interest @ 10 % annually.
(2) The Mortgagor being owner of and completely seized of a Flat no. A-204 located in Kalpataru
Apartments, Sector 74, Rohini, New Delhi.
(3) The Mortgagee has asked and the Mortgagor has consented to mortgage the said property as
security for payment of said loan for business purposes.
All the piece and parcel of immovable property, Flat No. A-204 Kalpataru Apartments, Sector 74,
Rohini, New Delhi measuring 1800 Square feet built in area.
Bounded by: -
a. On the East: Flat No. A-205 Kalpataru Apartments, Sector 74, Rohini, New Delhi
b. On the West: Flat No. A-203 Kalpataru Apartments, Sector 74, Rohini, New Delhi
c. On the North: Flat No. A-201 Kalpataru Apartments, Sector 74, Rohini, New Delhi
d. On the South: Front of B-Block Kalpataru Apartments, Sector 74, Rohini, New Delhi
That the mortgagor has absolute authority to alienate the said property consisting of the house and
the land. Market value of the property mortgaged under this deed is Rs. 83,00,000/- (Rupees only).
3. That securing the aforesaid loan, the Mortgagor hereby transfer, by way of mortgage by
deposit of title deed, 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.
4. No Encumbrance
The Mortgagor hereby convents with the Mortgagee that the Property is free from all or any
encumbrances and shall not sell, gift, exchange, mortgage or alienate in any other manner nor
shall assign his/ her/ their interest in the said property of whatsoever nature, nor shall create
any charge or encumbrance on the said property during the subsistence of the mortgage.
5. Default in Repayment
a. It is hereby agreed and declared that in case any of the instalments of the said sum of
interest payable under these presents be not satisfied on the dates when shall become
due then the whole amount of principle remaining unpaid together with interest shall
at once become payable to the Mortgagee and the Mortgagee may forthwith enforce
any of the remedies of which a holder of a mortgage by deposit of title deed is entitled
under the Transfer of Property Act.
b. It is hereby agreed and declared that if the Mortgagor does not pay the said sum with
interest when shall become due and payable under these presents, the Mortgagee shall
be entitled to sell the Property through any competent court and to realize and receive
the said sum and interest out of the sale proceeds of the house.
c. In case the proceeds of the sale, together with the amount, if any, otherwise realized
from the mortgagor fall short of the total amount due to the Mortgagee then the
Mortgagee shall be entitled to recover the balance from the person and other
properties of the Mortgagor.
6. Insurance
It is further agreed and declared by the Mortgagor that during the period, the mortgage
amount is not paid and the said Property remains as a security for the said mortgage amount,
the Mortgagor shall insure the said Property and take out an insurance policy in the joint
names of the Mortgagor and Mortgagee and continue the said policy in full force and effect,
by paying premium and in case of default by the Mortgagor to insure or to keep the insurance
policy in full force and effect, the Mortgagee can insure the said Property and the premium
paid by the Mortgagee will be added to the said mortgage amount, if not paid by the
Mortgagor on demand. Mortgagor must deliver to the Mortgagee the policy for such
insurance and the receipt for every such payment within seven days after it shall become due.
9. Redemption
On repayment of entire mortgage-money together with interest, the mortgagee will discharge
and release the schedule mentioned property from the mortgage security and shall, if called
upon by the mortgagor, execute a deed of release in respect of the schedule mentioned
property at the cost of the mortgagor.
IN WITNESS WHEREOF the parties hereto have affixed their signatures on the 28th day of August
month and 2020 year first herein above written.
Sd/-
Signed, Sealed and delivered by Mr. Shivam Kumar the within named Mortgagor.
Sd/-
Signed, Sealed and delivered by Mr. Ankit Sinha the within named Mortgagee.
WITNESSES: