JAMSHEDPUR
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 PERSON OTHER THAN THE BORROWER, PLEASE READ “BORROWER” AS SUCH THIRD PARTY IN THIS LIST
PROPERTY DOCUMENTS
q Self-construction cases: FREEHOLD -
· Original registered sale deed.
If the original deed is not available from the registration office, then please submit–
Certified copy of the sale deed AND
Original Chirkut / money receipt issued by the sub-registrar (duly endorsed in favour
of ICICI Bank/ICICI Bank’s representative) AND
Letter to Sub-Registrar as per the Bank’s Draft (Draft-1)
· Original Prior deeds or link deeds or chain of deeds linking the title chain with khatian
· Original Mutation Certificate / correction slip showing mutation in favour of the present land owner (i.e. vendor/borrower as applicable) issued by the Competent Authority.
· Undertaking cum Indemnity from the Borrower for mutation in the name of the Borrower as per the Bank’s draft, if applicable (Draft-7).
· Latest tax/rent receipt issued by the Municipal authority / settlement office in the
name of the present landowner i.e. Vendor/Borrower as applicable.
· Khatian (i.e. certified extract of record of rights)
· Original sanctioned plan from the competent authority (JNAC, MNAC)
· Detailed itemwise cost estimate of the construction.
· Non Encumbrance Certificate for 13/30 years from an Advocate based on searches in the office of Sub Registrar along with Search Fee receipt as per the Bank’s format.(Draft-2)
q Purchase of flats from developers/builders:
· Original Agreement to Sell between Developer/Builder and Borrower.
· Own contribution receipts–original stamped receipts for the payments made to the builder/seller for the total cost of the property less ICICI Bank’s financial assistance.
· Builders letter (No Objection Certificate) as per ICICI Bank’s format (Draft-3)
· Original Registered Sale Deed between Developer/Builder and Borrower.
If the original registered sale deed is not available from the registration office, then
please submit Interim Guarantee as per ICICI BANK’s format
If the sale deed has been lodged for registration but have not been received, then
please submit:
Certified copy of the registered sale deed (certified by the registrar) AND
Original Chirkut / money receipt issued by the registrar (duly endorsed in favour of ICICI BANK/ICICI BANK’s representative) AND
Letter To Sub-Registrar as per ICICI BANK’s format. (Draft-1)
· Undertaking cum Indemnity from the Borrower for mutation in the name of the Borrower as per ICICI BANK format (Draft 6).
Other Developer/Builder documents are:
· Copy of Land owner’s deed
· Copy of Prior deeds or link deeds or chain of deeds linking the title chain with khatian
· Copy of the Development Agreement between the land owner and the builder
· Copy of the Registered Power of Attorney in favour of the developer executed by the land owner –
· AOA, MOA, Partnership deed etc if the promoters are a Limited concern or a partnership firm.
· Mutation certificate / correction slip showing mutation in favour of the present land owner from competent Authority {i.e. Circle Officer (CO)}
· Latest tax/rent receipt issued by the Municipal authority / settlement office
· Khatian (i.e. certified extract of record of rights)
· Copy of sanctioned plan from the relevant authority marking the specific flat
· Non Encumbrance Certificate for 13/30 years from an Advocate based on searches in the office of Sub Registrar along with Search Fee receipt as per ICICI BANK format.
q Direct Flat / Unit purchase from a Co–operative Society:
· Society letter stating No Objection and permission to mortgage in favour of ICICI BANK formatr (Draft-4).
· Original allotment letter of the borrower with flat number and consideration amount mentioned.
· Original Share certificate in our borrower’s name
· Registered Lease Deed by Society in favour of the borrower or Interim Guarantee in ICICI BANK format.
· Own contribution receipts – original stamped receipts for the payments made to the society for the total cost of the property less ICICI BANK’s loan.
Society Documents
· Copy of the bye-laws of the society
· Copy of the Society registration certificate.
· Copy of the list of original members of the society containing our customer’s name, if available.
· Copy of Society’s title deed
· Copy of Prior deeds or link deeds or chain of deeds linking the title chain with khatian
· Mutation certificate / correction slip showing mutation in favour of the Society from the competent authority {i.e. Circle Office (CO)}
· Latest tax/rent receipt issued by the Municipal authority / settlement office
· Khatian (i.e. certified extract of record of rights)
· Copy of sanctioned plan from the relevant authority marking the specific flat
· Non Encumbrance Certificate for 13/30 years from an Advocate based on searches in the office of Sub Registrar along with Search Fee receipt as per ICICI BANK format.
q Re-sale of Co-operative Society Flat/unit:
· Original allotment letter of the borrower with flat number and consideration amount mentioned.
· Original Share certificate in our customer’s name (PDD)
· Original Prior title deeds including allotment letter of Vendor/ previous owners(OTC)
· Registered Lease Deed by Society in favour of the borrower (OTC)
· Own contribution receipts – original stamped receipts for the payments made to the society for the total cost of the property less ICICI BANK’s loan.
Society Documents
· Copy of the bye-laws of the society
· Copy of the Society registration certificate.
· Copy of the list of original members of the society containing our customer’s name, if available.
· Society letter stating No Objection and permission to Mortgage in favour of ICICI BANK as per (Draft-4) attached
· Society Letter stating Permission to transfer as per (Draft 5) attached.
· Copy of Society’s title deed
· Copy of Prior deeds or link deeds or chain of deeds linking the title chain with khatian
· Mutation certificate / correction slip showing mutation in favour of the Society from a competent authority {i.e. Circle Office (CO)}
· Latest tax/rent receipt issued by the Municipal authority / settlement office
· Khatian (i.e. certified extract of record of rights)
· Copy of sanctioned plan from the relevant authority marking the specific flat
· Non Encumbrance Certificate for 13/30 years from an Advocate based on searches in the office of Sub Registrar along with Search Fee receipt as per ICICI BANK format.
q Re-sale bungalows/flats
· Original Registered sale deed (OTC) or its certified true copy with original chirkut / Money receipt by Sub-registrar (duly endorsed AND Letter to Sub-Registrar as per ICICI BANK format (Draft-1).
· Original Agreement to Sell, if available & the draft copy of the proposed sale deed.
· Original Prior deeds or link deeds or chain of deeds linking the title chain with khatian including Vendor and previous owner’s Sale Deed.(OTC) Own contribution receipts
· Mutation certificate/correction slip showing mutation in favour of the present land owner (Vendor) from a competent authority {i.e from the Circle Officer (CO)}
· Latest tax/rent receipt issued by the Municipal authority / settlement office
· Khatian (i.e. certified extract of record of rights)
· Copy of sanctioned plan from the relevant marking the specific flat
· Non Encumbrance Certificate for 13/30 years from an Advocate based on searches in the office of Sub Registrar along with Search Fee receipt as per ICICI BANK format NEC to be updated, at least, till the date of sanction letter.
· Undertaking cum Indemnity from the Borrower for mutation in the name of the Borrower as per ICICI BANK draft (Draft 6)
APART FROM THE ABOVE DOCUMENTS ANY OTHER DOCUMENTS REQUIRED BY ICICI BANK AND ITS APPROVED LAWYERS IN ORDER TO CERTIFY A CLEAR AND MARKETABLE TITLE DRAFT-1
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/unit bearing No.______in the building known as ______Situated at ______.
OR
______.
(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 Limited ______(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 Limited (ICICI BANK) as duly constituted attorneys in this behalf of ICICI Bank Limited/its security trustee at the following address: -
The Manager, Home Loans,
Operations Department,
ICICI Bank Limited
(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.
2. The original of this letter is to be given to the Sub-Registrar of Assurances and the acknowledgement should be obtained on the copy thereof, which, should be given to ICICI BANK.
DRAFT-2
‘NO ENCUMBRANCE CERTIFICATE’
To be given on the letter head of an Advocate
Ref.: An area of land admeasuring ____sq. ft. approx. situated in ______Khatian No.______P.S. ______District ______Under S.R.O. ______Now holding No. ______of ______Corporation / Municipality/ Panchayat. OR (Premises ______).
Present owner of the said plot: Shri/Smt. ______
I have caused necessary searches in the Sub Registrar Office at ______for the period from _____ to _____ AND in the District Registry Office at ______for a period from _____ to _____ and have inspected the settlement Records, JLRO Mutation and all other relevant documents in respect of the aforesaid Property.
My report is as follows: -
NOTE FOR THE ADVOCATE
(The Advocate should State here as to how the ownership devolved on the present owners, changes of ownership which might have taken place during the period by way of transfer, inheritance should be mentioned along with the relevant names and references of the registered title deed).
The said Shri/Smt______after purchasing the aforesaid property became the absolute owner of the aforesaid area of ______sq. ft. of land as mentioned above/also mutated as a recorded owner in JLRO Office and Municipal Office and paid the relevant taxes up to date.
I hereby certify that the above mentioned land of Shri/Smt.______is free from all sorts of encumbrances, charges, liabilities, liens and lis pendens attachment of any kind whatsoever and the said property has an absolutely clear, free and marketable title.
I also hereby certify that the abovementioned land is not subject to any restriction of Urban Land (Ceiling and Regulation) Act, 1976 and the same is not under any claim of the Development Authority and any other authority and is fit for mortgage/ charge creation.
The receipts for the relevant searches are enclosed herewith.
Signed
Draft-3
BUILDER’S LETTER
This letter should be typed on the letter head of the builder/developer
(In case of transfer of undivided share of land from builder/developer to the Borrower)
Date:
Place:
To
ICICI Bank Limited
ICICI Bank Towers
Bandra Kurla Complex
Mumbai 400 051
Sub: NO OBJECTION TO TRANSFER.
Dear Sirs,
This to confirm that we have agreed to sell the Flat No. ______in Apartment admeasuring ___sq. ft. approx., together with the fixtures and fittings thereon existing and future on the _____ floor situated at / within the Plot No. ______of ______together with the undivided proportionate share of land, to Mr./Mrs. ______(son/wife of Shri ______) for a total consideration of Rs. ______(Rupees ______only) under an agreement dated ______. We hereby assure you that the flat as well as the said building situated at /within the Plot No. ______of ______and the land appurtenant thereto are not subject to any encumbrances, charge or liabilities 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.
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 also undertake and confirm that we shall not raise any loan from any Bank, Institution, Firm, Corporate Body or anywhere and create any charge / encumbrances on the said property without your written consent.
We further undertake and confirm that we shall not allow the purchaser/s to transfer, exchange or cancel the said flat without your written consent. This will be our responsibility only for the period until the stamped & registered sale deed is received back in ICICI BANK’s custody / custody of your security trustee.
We have no objection to ICICI Bank Limited giving financial assistance to Mr./Mrs. ______purchase/s of the said flat together with the undivided proportionate share of plot of land referred hereinabove and his / her/ their mortgaging the same with you / the security trustee nominated by you by way of security for repayment of the loan notwithstanding anything to the contrary contained in our Agreement dated ______executed with the Purchaser/s.
We hereby undertake to execute and forward the duly registered title deeds for the flat together with undivided share in the land directly to you/the security trustee within 15 days of the execution of the said title deeds.
We also undertake to inform you / the security trustee and give proper notice to the Co-operative Society/ Apartment Owners Associations, as and when formed, about the flat being so mortgaged.