List of Property Documents to Be Submitted

MAHARASHTRA

List of property documents to be submitted

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 PERSONOTHER THAN THE BORROWER, PLEASE READ “BORROWER” AS SUCH THIRD PARTY IN THIS LIST

List of the property documents to be submitted by the borrowers :

Documents common for all cases

Original stamped receipts for the payments already made to the builder / seller till date.

List of additional amenities from builder where applicable.

Documents for specific cases

A)Documents from the builder / society for approval of a specific project (only copies are required)

Sale deed / Lease deed / Development Agreement of the builder / society.

If a Development agreement is executed, Power of Attorney from land owner.

Earlier chain of documents (if any).

Layout copy

Layout approval

Approved building plans.

Commencement certificate from Municipal council / corporation.

N. A. permission & latest N. A. tax receipt.

Latest 7 / 12 Extract.

6 D Extract for 13 years.

8 A Extract if applicable.

Copy of ULC clearance certificate.

Property Card Extract in the name of the owner of the land.

If the land is within City Survey limits, then instead of 7 / 12, 6D and 8 A, please collect City Survey Extract and Property Card Extract.

Title report for the Property under consideration.

Partnership Deed / MOA / AOA of the builder.

Copy of draft sale agreement.

Completion Certificate

1)Underconstruction / Direct from Builder

All documents as mentioned in point ‘A’ above and :-

Original Agreement with the builder duly stamped and registered (if the same has been received from the Sub - Registrar’s office) and the original money receipt issued by the Sub-registrar for the registration fee paid by the applicant.

Pending Registration, following documents to be obtained :

Certified true copy of the agreement with the builder

Original money receipt issued by the Sub-Registrar

Acknowledged copy of the authority letter, addressed by the applicant to the Sub- Registrar (Draft 1 attached).

Copy of the letter acknowledged by the builder in case he or his representative did not accompany applicant to Sub- Registrar’s office to admit registration. (To be taken if applicable) (Draft 6 attached).

No Objection Certificate from the builder on his letter head (Draft 2 attached).

Letter from builder / architect indicating the latest progress of construction for under construction cases.

Own Contribution Receipts.

2)Directly in Registered Co-operative Housing Society

All documents as mentioned in point ‘A’ above and :-

Original Allotment letter from society specifying the flat number and cost of the flat allotted.

No Objection Certificate from the society on their letterhead. (Draft 3 attached).

Original share certificate issued by the society (if issued).

Own Contribution Receipts.

Copy of society registration certificate and byelaws of the society.

3)Purchased in resale -

All documents as mentioned in point ‘A’ above and :-

Previous chain of Sale Agreements (original).

Present Agreement in original, between the vendor and purchaser duly stamped and registered.

Pending registration - following documents to be obtained :

Certified true copy of the agreement between the vendor and the purchaser.

Original money receipt issued by the Sub-Registrar.

Acknowledged copy of the authority letter, addressed to the Sub-Registrar. (Draft 1 attached).

Copy of the letter acknowledged by the reseller in case he or his representative did not accompany applicant to Sub- Registrar’s office to admit registration. (To be taken if applicable) (Draft 6 attached).

No Objection Certificate from builder / society. (Drafts 4 & 5 attached) as applicable.

Original share certificate issued by the society (copy if original not yet transferred) as applicable.

Copy of society registration certificate and byelaws of the society if applicable.

Own Contribution Receipts.

4)Directly from any Development Authority

Original allotment letter from the Development Authority.

No Objection Certificate from the Development Authority (as per their own format).

Original receipts, issued by the Development Authority, for the payments made for the flat.

Own Contribution Receipts.

5)Construction of house on a separate plot of land

Original registered Sale deed / Lease deed / Partition deed / Gift deed under which the plot of land has been acquired by you

Pending Registration, following documents to be obtained :

Certified true copy of the agreement with the builder / seller.

Original money receipt issued by the Sub- Registrar.

Acknowledged copy of the authority letter addressed by the applicant to the Sub-Registrar (Draft 1 attached).

Copy of the letter acknowledged by thebuilder / reseller in case he or his representative did not accompany applicant to Sub- Registrar’s office to admit registration. (To be taken if applicable) (Draft 6 attached).

Original receipts for the payment made for the plot, if separately available.

All previous chain of Sale Deeds establishing title of plot (original).

7/12 extract or Property card as applicable for the property along with the record of rights in Form No 6.

Copy of ULC clearance certificate if applicable.

Index II

N. A. permission & latest N. A. tax receipt.

Title report for the property under consideration.

Detailed estimate of the cost of the project.

Approved building plans.

And any other legal document required by ICICI Bank or its approved lawyers in order to certify a clear and marketable title.

Authority Letter to the Sub-Registrar of Assurances

(From the Borrower-Owner of the property)

From :

Name :

Address :

Date :

To :

The Sub Registrar of Assurances

(Address)

Dear Sirs :

Re :Agreement for Sale / Deed of Conveyance dated ...... Lodged for Registration at your office on ...... (date) under Receipt / Serial No......

I/We the undersigned, have submitted the above Agreement for Sale/Deed of Conveyance executed by and between ......

...... as the Vendor/Seller/Builder and the undersigned as the Purchaser/s of the property being :

A flat bearing No...... in the building known as ...... Situated at ......

......

(description of the property other than a flat)

(‘the said property’) to you, for registration at your office on ...... (date) under Receipt / Serial No......

Since I/We, have obtained finance from ICICI Bank...... (Place), I/We, hereby request you and irrevocably authorise you to send the above Agreement for Sale/Deed of Conveyance after the same is registered to ICICI BANK as duly constituted attorneys in this behalf of ICICI Bank/its security trustee at the following address :-

The Manager, Home Financial assistances,

Operations Department,

ICICI Bank Limited (ICICI Bank) (Location address)

My/Our above instructions are irrevocable and cannot be cancelled by me/us at any time without the prior written consent of ICICI Bank.

Thanking you,

Yours faithfully,

(Name and Signature of the Borrower - Owner of the Property)

Note :

1.The address is the address of the Office of the Sub-Registrar where, the Agreement for Sale/Deed of Conveyance has been lodged for Registration by the Borrower-Owner.

The original of this letter is to be given to the Sub-Registrar of Assurances and the acknowledgment should be obtained on the copy thereof, which, should be given to ICICI BANK.

Draft of NOC to be obtained from

the Builder on his letter-head

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 ......

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 permissions/approvals/sanctions 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 ...... only) and a sum of Rs...... (Rupees ...... only) remains to be paid towards the cost of the said flat.

Mr./Mrs./Ms...... has to pay the total cost of Rs...... (Rupees ...... only) of the said flat.

4.Possession of the said flat will be given to Mr./Mrs./Ms...... on or about ...... on payment of the full consideration of the flat.

Possession of the said flat has already been given to Mr./Mrs./Ms......

5.We are aware that the said Mr./Mrs./Ms...... has approached ICICI Bank for a financial assistance for purchasing/acquiring the said flat and that ICICI Bank has agreed to sanction/grant the financial assistance 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 your security trustee as security for the said financial assistance. We hereby confirm that we have no objection to Mr./Mrs./Ms...... mortgaging the said flat to your Company / in favour of your security trustee by way of security for repayment of the said financial assistance.

AND notwithstanding anything to the contrary contained in the said Agreement for Sale, we hereby agree to note the aforesaid 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 the aforesaid mortgagee without the prior written consent of the aforesaid mortgagee.

6.We 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 and said unit/flat being so mortgaged to your Company / the security trustee nominated by your Company.

Yours faithfully,

For ...... (Builders)

Signatures

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.

Draft of the NOC from Co-operative Housing Society

(On Society Letterhead)

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 ......

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 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”).

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 are informed by the said Member that ICICI Bank has granted / agreed to grant a financial assistance 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 your security trustree. 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 your security trustee.

We, hereby confirm and agree we have “No Objection” to the permit the said Member to create the security in favour of your Company / in favour of your security trustee by way of mortgage of the right, title, interest of the said Member in the said shares and the said flat with you / in favour of your security trustee for repayment of the said financial assistance and we hereby agree to note the mortgage charge on the said flat in our books.

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.

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 / your security trustee 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)/ the security trustee.

AND we agree to accept, subject to the byelaws 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.

Yours faithfully,

Authorised Signatories

(Secretary and / or Chairman / President)

Draft of NOC to be obtained from

the Builder on his letter-head

(For Resale Cases)

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...... situated at ......

3. Mr./Mrs./Ms...... had paid an amount of Rs...... (Rupees ...... only) and a sum of Rs...... (Rupees ...... only) remains to be paid towards the cost of the said flat.

Mr./Mrs./Ms...... has to pay the total cost of Rs...... (Rupees ...... only) of the said flat.

4.Possession of the said flat will be given to Mr./Mrs./Ms...... on or about ...... on payment of the full consideration of the flat.

Possession of the said flat has already been given to Mr./Mrs./Ms......

5.We are aware that the said Mr./Mrs./Ms...... (“the seller”) has agreed to sell the said flat and all his/her/their right, interest and title therein to Mr./Mrs./Ms...... (“the purchaser”) under an Agreement for Sale dated ...... and that the said Mr./Mrs...... (“the Purchaser”) has approached ICICI Bank for a financial assistance for purchasing/acquiring the said flat and that ICICI Bank has agreed to sanction/grant the financial assistance 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 your security trustee as security for the said financial assistance. We hereby confirm that we have no 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 or in any other way/manner deal with the said flat prejudicial to the interest of your Company/ your security trustee without the prior written consent of your Company / your security trustee.

6.We 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 as and when formed, about the said unit/flat being so mortgaged.

Yours faithfully,

For ...... (Builders)

Signatures

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.

Draft of N.O.C. from the Co-operative Housing Society (to be obtained by the Borrower-Owner on the Society’s Letter head in case of Resale Flats)

Date :

Place:

To ,

ICICI Bank Limited (ICICI Bank)

(Address)

Dear Sirs,

Re :Flat No...... of Mr./Mrs...... in the building called ...... of the ...... Co-operative Housing Society Ltd., situated at ......