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Digital Docket 1

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0% found this document useful (0 votes)
183 views

Digital Docket 1

Uploaded by

SHADY SUBHJIT
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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IIFL HOME FINANCE LTD.

FINAL SANCTION LETTER

Date : 15/04/2024
Prospect No : IL10798662
Registered Address: 166, ANANDAPALLY , JADAVPUR, UNIVERSITY, CIRCUS AVENUE,
KOLKATA, WEST BENGAL, INDIA, 700032
Registered Mobile No.: 9007770012
MR. ARUN MAJI
Mr. JEET MAJI, Mr. PRABHAT MAJI, Mrs. DIPALI MAJI, CRAVINGS, MS THE INTERIOR COMPANY

Dear Customer,
We thank you for choosing IIFL Home Finance Limited (IIFL-HFL). We are pleased to inform you that we
have in principal approved loan to you as per Terms & Conditions mentioned below & Overleaf

Product Home Loan - Swaraj


Total Loan Amount Sanctioned (₹)(Includes Insurance 1680000
Premium)*
Interest Type Adjustable Interest Rate(AIR)
Base Rate ( IH-HPLR ) 16.60%
Margin (+/-) -4.35%
Rate of Interest** 12.25%(Adjustable Interest Rate (AIR))
Loan Tenor (in years) 20
Amount Of Each Installment On Monthly Rest (₹) 18792
Total Processing Fees/Other Charges (including GST) (₹) 34692
Processing Fees Paid (₹) 1178.80
CERSAI fees (₹) 118
Transaction/Legal Handling Charges (₹)
Property Address FLAT NO 3 2ND FLOOR, SW SIDE, WARD
96, PREMISES NO 3 / 1U, BIJOYGARH,
BADE RAIPUR ROAD, KOLKATA, WEST
BENGAL, INDIA, 700032,
Collateral Evaluation Charge 3540.00
Presentation Charges 523.92
IIFL HOME FINANCE LTD.

Additional conditions to comply prior to disbursal:


Repayment to be done from PUNJAB NATIONAL BANK 1485000100642551
Relation proof to be documented before FSL LTV norms to be met
CO app spdc required
Property Registry Only Name Of Parents Hunter verification of all borrowers to be Positive
Soft sanction subject to positive Legal Technical report
Own contribution proof to be checked
Live Photo of CRAVINGS to be captured at the time of E-Docket
Live Photo of DIPALI MAJI to be captured at the time of E-Docket
Live Photo of JEET MAJI to be captured at the time of E-Docket
Live Photo of MS THE INTERIOR COMPANY to be captured at the time of E-Docket
Live Photo of PRABHAT MAJI to be captured at the time of E-Docket

In Plot Construction cases, construction to be started within 12 months of first disbursement & construction
has to be completed within 36 months of first disbursement. Else loan is to be downsized & EMI to be
started.

For other Category of HL where disbursement is getting availed in more than one tranche then EMI needs
to get started within 4 years from date of first disbursement. If Construction is not completed within 4 years
then loan to be downsized & EMI to be started.

Deduction from disbursement amount: The borrower(s)hereby authorizes IIFL HFL to debit processing fee
or any other charges including but not limited to the stamp duty, franking charges, statutory
charges/amount, service charges incurred by IIFL HFL for execution of E-Loan Agreement including other
documents from the disbursement of the Loan amount, and also agrees that the same may be treated as
charges due from the Borrower(s) or on demand of IIFL HFL, it shall be reimbursed by the Borrower(s) or
may be recovered along with the Loan amount.

**The rate of interest is subject to revision from time to time due to changes in the base rate or other
factors, IIFL HFL has the option to reduce or increase the EMI or extend the repayment period or both
consequent upon revision in interest rate. The Borrower will be notified of any such revisions, and they will
be binding on the Borrower. For more details, please refer to clauses 4 and 7(i) of the Loan Agreement and
our website https://www.iiflhomeloans.com, specifically, sub-clause 2.6 of Standard Terms & Conditions
and Standard MITC.
For latest policy updates and to know applicable Prepayment charges and other charges, please refer IIFL
HFL official website www.iifl.com/home-loans..
Kindly use the Prospect No. as mentioned above in all your further communications with us. Please put
your signature as a token of your acceptance of the above stated terms and conditions and retain a copy
with yourself. In case of any query or assistance please contact your sales manager at or alternatively you
can call us on Helpline Number: 1860-267-3000 . Your Base Branch address is 1, Shakesphere Sarani,
AC Market, Kolkata - 700071

Thanking You,
IIFL HOME FINANCE LTD.

IIFL Home Finance Limited (IIFL- Acceptance by borrower(s):


HFL)
Authorized Signatory I/We the Borrower(s) hereby declare that I/We have read (and/or
being read over and explained), verified, understood and irrevocably
(This a computer generated agreed the terms and conditions of this Sanction Letter by signing
document and does not require IIFL this Letter physically or/and electronically (through accessing the link
HFL’s signature) and/or vide OTP confirmation, Electronic and Digital Signatures,
Aadhaar authentication and such other and further means as it was
available and me/us by using my/our registered E-mail ID and the
mobile number, and/or completing online forms constitute electronic
communications shall be deemed to be the acceptance of this Letter.
I/We, the Borrower(s) consent to receive the electronic
communications, and agree that all communications, notices,
disclosures, and other communications provided to us electronically,
via email and on the Site, satisfy any legal requirement that such
communication be in writing and legally bound.
IIFL HOME FINANCE LTD.

Sanction Letter- Terms & Conditions


1 The Applicant/s are required to sign this Sanction Letter towards acceptance of all its terms and
conditions.
2 This Sanction Letter is valid for the period of 60 days from the date of issue, subject to compliance of
all sanction conditions, including but not limited to payment of applicable processing fee (non
refundable), other charges and approval terms. In case, the Borrower fails to pay any fees due, IIFL
Home Finance Limited (IIFL-HFL) shall have the right to deduct, such fees payable, from the loan
amount at the time of disbursal.
3 The Sanction of Loan Amount and its terms & conditions are subject to execution of Loan Agreement
& other documents and writings with IIFL Home Finance Limited (IIFL-HFL) The terms & conditions of
Loan Agreement and/or other transaction documents will prevail upon this letter in case of any
contradiction/ conflict/ difference/ inconsistency.
4 The loan amount will be disbursed on demand. However, IIFL Home Finance Limited (IIFL-HFL)
reserves its right to withhold and/or cancel the Loan Facility or any part thereof without assigning any
reason.
5 The loan shall be secured in such manner as may be required by IIFL Home Finance Limited (IIFL-
HFL). The security offered towards compliance of terms of the loan facility and repayment of the loan
amount, shall have clear and marketable title free from all encumbrances.
6 The loan facility will be disbursed in lump sum or in suitable periodic installments as may be decided
by IIFL Home Finance Limited (IIFL-HFL), considering the need and request of the applicants based
on terms of the application, as the case may be, as determined by IIFL Home Finance Limited (IIFL-
HFL) and not necessarily as per the terms of the Borrower/s agreement with the builder/contractor.
7 The applicable interest rate in case of any unforeseen or extraordinary circumstances or sudden
changes in market conditions is subject to change by IIFL Home Finance Limited (IIFL-HFL) at its sole
discretion. Applicable Interest rate is a summation/difference of the Base rate and the margin at the
time of origination & thereafter. The margin between the Base rate and your Adjustable rate of interest
will be determined by factors such as your credit grading, quality of security, risk profile of the
industry/sector, product level allocable costs etc.
8 The sanction of the loan shall stand revoked and cancelled in any of the following circumstances :
i If any statement in the application or in loan and any other document(s) given by the Borrower or
otherwise is found to be misleading or incorrect and/or If there is any material change in the process
on the basis of which the loan has, in principle, been offered and/or,
ii If any material fact concerning the Borrower’s income, employment, or ability to repay or any other
relevant aspect of the Borrower’s proposal for the loan is suppressed or concealed and/or
iii If document(s) submitted by the Borrower and the information contained in the document(s) are not in
confirmation with the information provided in the application form submitted by the Borrower and/or
iv Any other reason whatsoever, at the sole discretion of IIFL Home Finance Limited (IIFL-HFL)
v If Borrower fails to submit the documents as required by IIFL Home Finance Limited (IIFL-HFL) within
specified time
9 The loan shall bear processing fees, prepayment charges and such other charges as specified in the
Schedule of Charges and the Applicant/s/Borrower/s confirms that he/she/they has/have perused and
understood the same
10 For Schedule of Charges and Most Important Terms & Conditions, please refer our Official web site:
https://www.iifl.com/sites/default/files/pdf/MITC-SOC.pdf The mentioned charges / fees are as on date
of the Loan Agreement and are subject to change from time to time.
11 The Borrower/s agree to provide details to the IIFL Home Finance Limited (IIFL-HFL), from time to
time, to comply with the various laws including but not limited to the guidelines of Prevention of
Money Laundering Act, 2002. The Borrower’s confirm that he/she/they are the beneficial owner of the
property mortgaged/securities pledged in favour of IIFL Home Finance Limited (IIFL-HFL) as a
security.
IIFL HOME FINANCE LTD.

12 In case the applicant/s have opted for Adjustable Rate of Interest :


i IIFL Home Finance Limited (IIFL-HFL), Adjustable Interest Rate shall mean and include variable /
floating rate of interest with reference to the Base Rate (as applicable) of IIFL Home Finance Limited
(IIFL-HFL) together with margin, if any, as specified by IIFL Home Finance Limited (IIFL-HFL) on the
date of disbursal and on the beginning of first month of next quarter, in which the base rate is
changed.
ii Base Rate shall mean and include the Prime Lending Rates of IIFL Home Finance Limited (IIFL-HFL)
being offered by IIFL Home Finance Limited (IIFL-HFL) and agreed by the Applicants, more
particularly referred in this Sanction Letter. The Current Prime Lending Rates of IIFL Home Finance
Limited (IIFL-HFL) are IH – HPLR and IH – LPLR.
13 Borrowers are strictly advised not to deal in cash and/or advance/hand over cash to any
employee/agent/ person representing on behalf of IIFL HFC on any pretext/ground including but not
limited to processing of the loan application. IIFL HFC does not subscribe to any such practice(s)
14 The borrower company will not induct on its Board any person whose name appears in Willful
Defaulters list of any Credit Information Companies / Financial Institutions and that in case such a
person is found to be on its Board, it would take expeditious and effective steps for removal of the
person from its Board.
15 We have entered /shall enter into co-lending arrangement with various bank in terms of the guidelines
issued by regulators, from time to time. In case your loan qualifies under co-lending arrangement and
is accepted by the partner bank, you will be intimated by IIFL-HFL through SMS and/or Email and/or
any other suitable means.
16 The borrower/s hereby authorizes IIFL HFL to debit processing fee or any other charges including but
not limited to the stamp duty, franking charges, statutory charges/amount, service charges incurred by
IIFL HFL for execution of Loan Agreement and other documents, from the disbursement of the Loan
amount. All these or any part of them shall be treated as charges due from the Borrower(s) which may
be recovered along with the Loan amount, in case not deducted from disbursements and/or shall be
paid on demand to IIFL HFL, as legally recoverable dues
17 Cersai and Collateral Evaluation charges for the property has been received in Linked LAN No .
18 The Property Owner/Borrower(s) may collect their original title documents from the branch where the
loan has been/is being serviced within 30 days from the full repayment and closure of loan
account/repayment/settlement of the loan account.

You can now Pay your EMI, view your Loan Account details and amortization schedule from:

Login into your Account | Download IIFL LOANS Mobile Application

IIFL Home Finance Limited


Corporate Identity number - U65993MH2006PLC166475
Registered Office Address : IIFL House, Sun Infotech Park, Road No. 16V, Plot No. B-23, MIDC,
Thane Industrial Area, Wagle Estate, Thane – 400604
Helpline Number: 1860-267-3000 | Tel: 022 - 6788 1000 | Fax- 022 - 6788 1010 | Website:
www.iifl.com/home-loans
Corporate Office - Plot No. 98, Udyog Vihar Phase IV, Sector 18, Gurgaon, Haryana 122016
IIFL HOME FINANCE LTD.

Most Important Terms and Conditions


The Most Important Terms and Conditions(MITC) of loan between the borrower/s and IIFL Home Finance
Limited, having its registered office at IIFL House, Sun Infotech Park, Road No. 16V, Plot No. B-23, MIDC,
Thane Industrial Area, Wagle Estate, Thane – 400604 (hereinafter referred as IIFL-HFL) are agreed upon
and mentioned below.

1. Loan Sanctioned Amount: ₹ 16,80,000.00


2. Purpose of Loan: Purchase Built up
3. Security/Collateral of Loan:
i. Mortgage: FLAT NO 3 2ND FLOOR, SW Side, WARD 96, PREMISES NO 3 / 1U, Bijoygarh,
BADE RAIPUR ROAD, KOLKATA, West Bengal, INDIA, 700032
ii. Guarantor: Not Applicable
iii. Other security, if any: Not Applicable
4. Interest:
i. Type : Adjustable Interest Rate(AIR)*
ii. Adjustable Interest Rate(AIR)* : 12.25 %

*(The rate of interest is subject to revision from time to time due to changes in the base rate or
other factors, IIFL HFL has the option to reduce or increase the EMI or extend the repayment
period or both consequent upon revision in interest rate. The Borrower will be notified of any such
revisions, and they will be binding on the Borrower. For more details, please refer to clauses 4
and 7 of the Loan Agreement and our website https://www.iiflhomeloans.com, specifically, sub-
clause 2.6 of Standard Terms & Conditions and Standard MITC.)
iii. Moratorium or Subsidy : Not Applicable
iv. Date of Reset of Interest : first day of January, April, July, and October of every year

5. Repayment:
i. Installment Types: Monthly
ii. Loan Tenure : 240 months
iii. Total EMI Amount *: 18792.00
iv. Total No. of Installments for repayment of Loan in EMI (Months)* : 240
v. Modes of Communication : Any change in AIR would be duly communicated to the borrower
through SMS/ E-mail/ Courier or any other electronic mode prevalent for the time being, at the
contact details available with IIFL HFL.
*Subject to variation in terms of the loan agreement executed / to be executed between the Borrower / s and
IIFL HFL. Any change in Adjustable Interest Rates is duly informed to the Borrowers through SMS (vide regd
mobile number)/ E-mail (vide regd E-mail ID)/ Postal services like Courier, India Post or any other electronic
mode prevalent for the time being. For latest update please visit our web site www.iiflhomeloans.com
6. Conversion charges for switching Floating to Fixed interest, from Floating to Floating interest, from
Fixed to Fixed Interest & from Fixed to Floating Interest has been provided in the Switch/ Conversion
fees table in 'Most Important Terms and Conditions and Schedule of Charges' on IIFL HFL
official website at www.iiflhomeloans.com/terms-and-condition/most-important-terms-and-condition
7. Fee and Other Charges* during term of loan:
Retrieval charges for original property ₹ 2000 per instance
document in IIFL custody (before loan
closure)
IIFL HOME FINANCE LTD.

Retrieval charges for Copies of loan /copies ₹ 500 per instance


of property document in IIFL custody
Cheque / ECS Dishonour Charges ₹ 500 for each ECS/cheque bounce - Nil on
Representation of ECS / Cheque
Late Payment Charges 18% per annum on the overdue loan amount
Charges for Statement Of Account / Nil
Amortization Schedule
Collection Visit Charges ₹ 500 per instance
Collection convenience Fee For Online Transaction: ₹ 100 per instance for online
collection. This fee would not be charged if customer
makes a payment of below ₹ 500
For cash Deposit: ₹ 200 per instance will be charged for
depositing cash with channel partners. This fee would
not be charged if customer makes a payment of below ₹
500
Issuance of FC statement ₹ 500 per instance
Custodial Fee for property documents in ₹ 500 Per month (post 60 Days from Loan Closure Date)
closed loans
Cheque/ECS Swapping charges ₹ 500 per instance
Presentation Charges For HL/ Swaraj HL- ₹ 444.
For LAP/ Sammaan/ Secured business loan - ₹313
For Construction Finance / Project Finance cases – ₹ 129

Note: The above charges are exclusive of applicable taxes, if any.


i. Fee refundable if loan not sanctioned/ disbursed: Processing Fee paid by customer for
availing the loan is non- refundable.
ii. Penalty for delayed payments: 18% per annum on the overdue loan amount.
iii. All fees/charges are subject to applicable GST.
iv Stamp duty, e-filing charges, and other statutory dues applicable on the
Security/Transaction documents may vary depending on locations and payable by
borrower/s in addition to processing fees.
v. The above mentioned charges / fees are as on date of the Loan Agreement and are
subject to change from time to time. For latest updated details of applicable fee and other
charges, please refer to the Company’s official website
https://www.iifl.com/sites/default/files/pdf/MITC-SOC.pdf.
8. Insurance of Property/Borrowers:
i. The Borrower/s shall keep the property under security insured with comprehensive
Insurance policy equivalent to the loan outstanding at any point of time during the
pendency of the loan with IIFL HFL as the sole beneficiary under said policy / policies.
ii. The Borrower/ s may keep his / their life insured equivalent to loan outstanding at any
point of time during the pendency of the loan with IIFL HFL as the sole beneficiary under
said policy / policies.ii.
9. Conditions for Disbursement of the Loan: IIFL HFL shall not disburse any home loan to the
Borrower unless the conditions mentioned in the Home Loan Sanction Letter and Loan
Agreements are complied with, to the satisfaction and sole discretion of IIFL HFL. Few of which are
as given below:
i. The Borrower must fulfil the IIFL HFL’s requirement of credit worthiness.
ii. Execution of loan agreement and such other ancillary documents
IIFL HOME FINANCE LTD.

iii. Submission of Cheques/ECS/ACH or any other clearing system in force for the time
iv. Creation of security in favour of IIFL HFL.
v. Utilisation of disbursement should be towards acquisition/construction of property or as
per the end use specified
vi. The Borrower must disclose every material fact which may affect the borrower’s loan
proposal.
10. Purpose of Loan - IIFL HFL offers a variety of Loan options depending on the requirement of the
borrower/s like Home Loan for Purchase/Construction/ Renovation, Home Loan for Purchase of Land /
Loan Against Property / Loan for Purchase of commercial property etc. Borrower/s is/are advised to
refer the Loan Agreement to know the Purpose of Loan sanctioned.
11. Brief procedure to be followed for Recovery of Overdues: On the occurrence of Event of
Default as mentioned in the Loan Agreement , the Borrower to be sent reminder from time to
time for payment of the outstanding amount on his loan account by Telephone, E- mail,
Courier, SMS and / or through third parties appointed for collection purposes to remind,
follow-up and collect dues. The Collection methodology broadly includes the following:
i. Tele- Calling : It involves contacting the Borrower over the phone and making them aware about
the missed due date and requesting to pay the arrears at the earliest.
ii. Field Collection : It involves meeting the Borrower and collecting the payment of the amount
due. The activity shall be carried out through employees of IIFL HFL or authorized
representatives. The payment would be collected either in cash or in the form of a cheque/DD
against the valid receipt only which will be issued to Borrower.
iii. Legal action shall be taken based on circumstances of each delinquent account, as per the
policy of IIFL HFL and pursuant to the provision of applicable laws. Hence, IIFL HFL shall use a
judicious mix of field visit, written communication and legal action to ensure proper and
effective coverage for the different category of delinquent account.
12. Annual Outstanding Balance Statement: IIFL HFL will issue the Annual Outstanding Balance
Statement along with Annual Income Tax Certificate for the preceding Financial Year to all Home
Loan Borrowers in the first quarter of every Financial Year.
13. Co-lending arrangement: IIFL HFL has entered and may enter into co-lending arrangement with
various banks. It is possible that upon independent appraisal process of such banks, the loan account
may be selected for co-lending purposes. Upon such selection of the Loan account, an intimation will
be sent to the borrower through SMS and/or Email and/or any other suitable means.
14. Customer Services:
i. Borrower can visit the Service Branch during visiting hours of 10 am –4:30 pm from Monday to
Friday (except Public Holidays)
ii. Borrower can contact our call centre at 18602673000 (helpline) between 9:30 am - 6:00 pm (toll
free)from Monday to Friday (Except Public Holidays).
iii. Borrower can reach to Customer Service www.iiflhomeloans.com/raise-a-request
iv. Indicative Timelines of common request servicing:
a. Loan account statement – 3 working days from date of request
b. Photocopy of the title documents – 7 working days from date of request
c. Return of original documents on closure/transfer of loan – 15 working days from date of
closure.
d. Issuance of foreclosure statement – 15 working days from the date of request.
15. Grievance Redressal - For any service related issue including obtaining documents or in case of any
complaint / grievance, the Borrower may communicate in writing, orally, electronically through e -
mail, website, telephone and modes given below. The Borrower may contact our Office through any of
the following channels:
IIFL HOME FINANCE LTD.

i. By telephonic communication with our call centre at 1860 267 3000(helpline) between 9:30
am – 6 pm from Monday to Friday (Except Public Holidays).
ii. By way of online request www.iiflhomeloans.com/raise-a-request
iii. By way of written letter addressed to Customer Service - Home Loans, IIFL Home Finance
Ltd, IIFL House, Sun Infotech Park, Road No. 16V,Plot No.B-23, Thane Industrial Area, Wagle
Estate, Thane – 400604
iv. By way of physically visiting the Service Branch and lodge a complaint in the Complaint Register
maintained at our branches
In case the response is unsatisfactory or no response is received from above mentioned sources, the
complaint may be escalated to: Grievance Redressal Officer - Sugandha Kochhar at [email protected], IIFL
Tower, 98, UdyogVihar, Phase-IV, Gurgaon, Haryana -122015

Borrower can further escalate the complaint to: Nodal Officer: [email protected],IIFL Tower, 98, UdyogVihar,
Phase-IV, Gurgaon, Haryana -122015

In case the complainant is dissatisfied with the response received from IIFL HFL or where no response is
received, the Complainant may approach the Complaint Redressal Cell of National Housing Bank by
lodging its complaint in online mode at the link grids.nhbonline.org.in OR in offline mode by post, in
prescribed format, available at link http://www.nhb.org.in/Grievance-Redressal-System/Lodging-
Complaint-Against-HFCs-NHB%E2%80%93Physical-Mode.pdf to Complaint Redressal Cell,
Department of Regulation & Supervision, National Housing Bank, 4th Floor, Core 5A, India Habitat Centre,
Lodhi Road, New Delhi – 110003

It is hereby agreed that for detail terms and conditions of the Loan, the parties here to shall refer to and
rely upon the loan and other security documents executed / to be executed by them.

The above terms and conditions have been read by the borrower/s / read over to the borrower,understood
and agreed upon borrower/s.

This is a system generated Letter and does not need any signature

You can now Pay your EMI, view your Loan Account details and amortization schedule from:

Login into your Account | Download IIFL LOANS Mobile Application

IIFL Home Finance Limited


Corporate Identity number - U65993MH2006PLC166475
Registered Office: IIFL House, Sun Infotech Park, Road No. 16V Plot No. B-23, MIDC, Thane
Industrial Area, Wagle Estate, Thane - 400604
Helpline Number. 1860 267 3000 / 7039050000 | Tel: 022 - 6788 1000 | Website: www.iifl.com/home-
loans
Corporate Office - Plot No. 98, Udyog Vihar Phase IV, Sector 18, Gurgaon, Haryana 122016
IIFL HOME FINANCE LTD.

LOAN AGREEMENT
IIFL Home Finance Limited (formerly known as India Infoline Housing Finance Limited) (CIN No.
U65993MH2006PLC166475),a Housing Finance Company incorporated under the Companies Act 1956
(as amended upto date), having its registered office at IIFL House, Sun Infotech Park, Road No. 16V,
Plot No. B-23, MIDC, Thane Industrial Area, Wagle Estate, Thane – 400604 (hereinafter referred to as
“the Lender” or “IIFL HFL” which expression shall, unless it be repugnant to the context or meaning
thereof, be deemed to mean and include its, successor/s in business, assign/s, administrator/s,
executor/s, liquidator/s etc.) of the ONE PART;
AND
The Borrower/s, (as defined in the definition) whose name(s), address(es) other details are mentioned
and more particularly described in the Schedule attached hereto, hereinafter referred to as "the
Borrower" which expression shall, unless repugnant to the context or meaning thereof, be deemed to
mean and include, its/his/her successors and permitted assigns, administrators, legal heirs wherever the
context or meaning shall so require), of the OTHER PART.

The Borrower/s and IIFL HFL are hereinafter collectively referred to as the “Parties” and singly referred to
as a “Party” where ever the context so requires. In this Loan Agreement and the Standard Terms, unless
there is anything to the subject or context thereof, the expression listed below shall have the following
meanings:

“Standard Terms” means the STANDARD TERMS AND CONDITIONS FOR FACILITIES FOR/AGAINST
PROPERTIES provided by IIFL HFL which are duly registered on 23rd November 2022 with Sub
Registrar, Basai Darapur, New Delhi vide. Registration No. 2777 in Book No.4, Volume No. 13963 on
page 6 to 47. The Facilities hereby agreed to be provided by IIFL HFL shall be subject to BORROWER/S
complying with the terms and conditions set out herein and also in the Standard Terms, a copy of which
is also available on the website of IIFL HOME FINANCE LIMITED (www.iiflhomeloans.com). The
Standard Terms shall be deemed to be part of this Loan Agreement and shall be read as if they are
specifically incorporated herein. Further, the clauses referred in the Schedule(s) herein shall be read in
conjunction with the Standard Terms.

All capitalized terms used but not defined in this Loan Agreement shall have the respective meanings
assigned to them under the Standard Terms.

1. AMOUNT AND TERMS OF LOAN

a. That in consideration of the terms and conditions hereinafter stated IIFL HFL agrees to lend to the
Borrower/s and the Borrower/s agrees to borrow the Loan to the extent of the amount mentioned in
Schedule to this Agreement in the manner and on the terms and conditions mentioned in this
Agreement for the Purpose as described by the Borrower/s in the Schedule hereunder written.
b. The Loan shall be disbursed upon the receipt of the drawdown request from the Borrower/s within
the Availability Period or in such other manner as the Lender, in 1 its sole discretion, may deem fit.
c. That the Borrower/s shall have no objection to the amount sanctioned and the amount disbursed to
the Borrower/s irrespective of the fact that he/she/they had applied for a Loan amount higher/lower
than what has been sanctioned to him/them and further IIFL HFL shall be at liberty to decide the
actual amount of the Loan and the amount to be actually disbursed (in certain cases the sanctioned
amount may be higher than the actual disbursed amount) and in such an eventuality the
sanctioned amount would be the Loan amount.
d. Unless otherwise agreed by IIFL HFL in writing, the unutilized amount(s) of the Loan shall stand
automatically cancelled upon the expiry of the Availability Period, however IIFL HFL may allow
further withdrawal on the terms and conditions as it may deem fit.
IIFL HOME FINANCE LTD.

e. IIFL HFL shall have the right to cancel all unutilized amount(s) of the Loan upon the occurrence of
any Event of Default. The Loan shall be utilised only for the purpose disclosed by the Borrower/s
and shall not be used for any other purposes.

2. DECLARATION BY THE BORROWER/S

The Borrower/s warrants, undertakes and declares to IIFL HFL:


a. That the information given in the application and any prior or subsequent information provided or
explanations furnished to IIFL HFL in this behalf are true, complete and accurate in every respect
and all material facts have been disclosed. Further, the copies given to IIFL HFL by the Borrower/s
are the exact and true copies of their originals and the originals are genuine documents.
b. That the Borrower/s shall keep himself acquainted with the rules prescribed by IIFL HFL in force
from time to time.
c. That the Borrower/s shall notify IIFL HFL of any change in the Borrower/s residence contact
numbers, employment, business or profession well in advance that in case an advance notice is
not possible then the Borrower/s would inform IIFL HFL in writing within 7 days of such change
d. That the Borrower/s hereby authorises IIFL HFL or its subsidiaries /affiliates and their agents to
exchange, share or part with all the information relating to the Borrower's Loan details and
repayment history information and all information pertaining to and contained in this Agreement to
affiliates/ subsidiaries and/or group companies of IIFL HFL/ Banks/ Financial Institutions /Credit
Bureaus/Agencies/ Statutory Bodies as may be required and undertakes not to hold affiliates/
subsidiaries of IIFL HFL and their agents liable for use of the aforesaid information.
e. That the Borrower/s acknowledge and agree that the grant of the Loan by the Lender to the
Borrower/s shall be subjected to compliance by the Borrower/s of the Standard Terms and the
terms and conditions set out under this Loan Agreement as well as the other Transaction
Documents. All the terms and conditions set out in the Standard Terms shall govern and apply to
the Loan and all obligations of the Borrower/s (as well as the Lender’s rights and remedies) in
relation thereto, if the Loan applied for by the Borrower/s herein is sanctioned and granted by the
Lender based on the Borrower/s. The Borrower/s have fully understood and acknowledge the
consequences of an Event of Default, as well as The Lender’s rights and remedies thereupon, as
set out under the Standard Terms.
f. That the Borrower/s undertake and confirm that they shall ensure that the guarantor(s), if any,
observe all the covenants, terms, conditions, restrictions and prohibitions of the guarantee/s and
the Borrower/s agree that any violation of the same by the guarantor(s) shall constitute an event of
default under the Loan and the Lender shall be at liberty to recall the Loan and enforce the rights
and remedies available to it.
g. The Borrower/s confirm/s that all details and terms (Including the amount of the Loan, interest rate,
bounce charges, cheque representation charges, further interest, prepayment charges, number
and amount of each installment, number and amount of the advance installments, etc.) have been
filled in this Loan Agreement prior to submission of the same to the Lender and that there are no
blanks. The Borrower/s confirm that all charges with respect of cheque bouncing, cheque re-
presentation, swap charges etc. as mentioned hereinabove shall be borne by the Borrower/s
without any demur or delay. The Borrower/s acknowledge and confirm that they have perused,
understood and agreed to the Lender’s method of calculating the installments.
h. The Borrower/s understand and acknowledge that the Lender shall have the absolute discretion,
without assigning any reasons (unless required by applicable law), to reject the Borrower/s request
and not disburse the Loan and that the Lender shall not be responsible/liable in any manner
whatsoever to the Borrower/s for such rejection or any delay in notifying the Borrower/s of such
rejection and any costs, losses, damages or expenses, or other consequences, caused by reason
of such rejection/non- disbursement or any delay in notifying the Borrower/s of such rejection/non-
disbursement.
i. That the Borrower/s do not violate any covenant, conditions or stipulations under any existing
Agreement(s) entered into by the Borrower/ s with any party, by availing the Loan from IIFL HFL.
IIFL HOME FINANCE LTD.

j. That all the necessary approvals for availing the Loan and creating the security/securities have
been obtained or shall be obtained.
k. That the Borrower/s further assures IIFL HFL that the purpose of the Loan is not speculative,
illegal, nefarious or immoral and does not/shall not constitute an offence of Money Laundering
under The Prevention of Money Laundering Act, 2002.
l. The Borrower/s undertakes and confirms to not induct into its Board (i) who has been named in any
list of defaulters/Willful Defaulter circulated by the RBI or CIBIL; (ii) whose name appears in any
caution list of any nature published by the RBI or any similar regulatory or governmental authority;
(iii) who has been appointed as a director on the board of directors of any Lender or is within the
specified near relation of director on the board of directors of any Lender; or (i) who is director in
any company which has been identified as a Wilful Defaulter by the RBI or similar regulatory
authority, and in the event such a person is already on the Board, the Borrower/s shall take
expeditious and effective steps to remedy such situation.
m. That the Borrower/s undertake and confirms to comply with all laws (including laws relating to
environment, social and labour, anti-corruption and anti-money laundering) applicable to the Parties
and formulate policies accordingly. The Borrower/s further undertakes to have appropriate
procedures and policies to prohibit the engagement of any person under 18 (Eighteen) years of
age on a work site, regardless of their direct employer.
n. The Borrower/s undertakes to formulate appropriate procedures and policies with respect to the
right of all workers to bargain collectively through appropriate legal mechanisms and shall not
discriminate in respect of any employment decision against workers on such grounds.
The Borrower/s further undertakes and confirms to ensure that all subcontractors, including
labor-only contractors, are in compliance with all Environmental and Social Laws including but not
limited to the clauses (m) & (n) as stated above.
o. The Borrower/s undertakes and confirms that, in case of any Subsequent Loan Facility, which is
over and above existing Loan facility, this existing Loan Agreement shall continue to be in force and
the Borrower/s shall be bound by the terms and conditions of this Loan Agreement. The Borrower/s
may not be required to execute any fresh Loan Agreement, however, a few ancillary documents
governing the loan amount and its amortization schedule, including but not limited to Declaration,
Schedule(s), DPN Letter, Letter of Continuity, etc. will be executed. Such ancillary documents shall
be read in conjunction with this Loan Agreement.
p. The Borrower undertakes and confirms that all the security/s offered by the Borrower/s towards
repayment of the Loan amount to IIFL HFL in relation to the Loan shall be continuing security(ies)
for the Subsequent Loan Facility (as well) and shall not be discharged till such time till all the dues
in respect of the Subsequent Loan/ any other loan taken by the Borrower/Guarantor from IIFL HFL
are fully paid to the complete and absolute satisfaction of IIFL HFL. The Borrower further
undertakes and confirms that, in case any loan other than this Loan facility availed by the Borrower
is without the deposit of security/ insufficient security, the security offered herein shall deem to
continue till such time till all the dues in respect of the Subsequent Loan/any other loan taken by
the Borrower/Guarantor from IIFL HFL are fully paid to the complete and absolute satisfaction of
IIFL HFL.
q. The Borrower undertakes and confirms that in case the Borrower defaults in the repayment of the
any of the loan(s) or advance(s) granted by IIFL HFL, IIFL HFL shall have the first and foremost
charge on the assets of the Borrower. Such loans shall include any Loan, Subsequent Loan Facility
or any such amounts advanced to the Borrower (including loans, cash, credits, overdrafts, bills
purchased and discounted), and other debts, whether secured or unsecured, to the extent to which
they are reasonably considered recoverable, having regard to the value of the security.
r. That the Borrower represents and warrants that (i) no proceedings have been initiated or are
pending against the Borrower under the Income Tax Act, 1961; (ii) no notice or demand whether
under rule 2 of the second schedule of the Income Tax Act, 1961 or otherwise has been received
by the Borrower under the Income Tax Act, 1961, and (iii) there are no arrears of tax or other sum
outstanding from the Borrower under the Income Tax Act, 1961
s. That the Borrower represents and warrants that the Borrower has complied with Applicable Law,
including without limitation, in relation to creating the Security under this Agreement.
IIFL HOME FINANCE LTD.

t. That the Borrower represents and warrants that the Borrower is aware that IIFL HFL may at any
time, at its sole discretion, and without assigning any reason, decide to alter/modify the terms and
conditions of this Agreement by giving a notice to the Borrower/s.
u. That the Borrower/s declare that the Borrower/s is/are competent and fully authorized to issue such
declaration, confirmation, agreements and undertakings and submit this Loan Agreement for the
purposes of borrowing/availing of the requested Loan, and to execute all other documents required
by the Lender for such purpose.
v. That the Borrower/s represent and confirm that he/they has/have read and understood the terms
and conditions of this Loan Agreement along with the Standard Terms and/or been read out and
explained the entire terms and conditions of the present agreement and the Schedules including
the details given in the Schedules (which have been duly filled in at the time of execution). The
Borrower/s further agrees that he shall be bound by all the terms, conditions and covenants
including the Loan details and in the event of a default and/ or breach of the terms and conditions
of this Agreement, IIFL HFL shall have a right of redressal from any Court of Law and/or any other
appropriate Forum/Tribunal.
w. That the Loan Agreement has been duly and validly executed by the Borrower/s or on behalf of the
Borrower/s and would constitute a legal and valid obligations that are binding on and enforceable
against the Borrower/s in accordance with Standard Terms and Conditions thereof. The Borrower/s
confirms that the initials on this Loan Agreement are made by the Borrower/s and validity of such
initials shall not be disputed.
x. That the Borrower/s shall procure and deliver to the Lender as required before any disbursement
by the Lender/subsequent withdrawal under the Loan by the Borrower/s, irrevocable and
unconditional joint and several guarantee/s from the Guarantor in favour of the Lender(s)/its
security Trustee for performance of obligations of the Borrower/s under the Transaction Documents
in the form prescribed by the Lender. The Borrower/s shall not pay any guarantee commission to
the Guarantor.
y. The Borrower agrees and undertakes to construct the dwelling unit within 36 months from the date
of first disbursal (in case of acquisition/purchase of a residential plot only and/or together with
construction thereon). The disbursal towards construction of Property shall be made only after the
construction work has been commenced on the Property, and the proof thereof (to the satisfaction
of IIFL HFL) has been furnished to IIFL HFL by the Borrower/s. The Borrower further agrees and
confirms that the disbursal shall be in stages as per the progress of work as prescribed in terms of
the internal guidelines of IIFL HFL, as applicable from time to time. In any case, such construction
needs to be commenced within 12 months and get completed within 36 months from date of first
disbursal. The Borrower(s) is aware that in the event of failure to commence construction within a
period of twelve months and/or completion of construction within 36 (Thirty-six) months from the
month of first disbursal, IIFL HFL will be at liberty to classify the said loan as Non – Home Loan and
reset the applicable rate of interest as per the prevalent rate of interest for non-home loan and in
accordance with the risk adjusted pricing policy of IIFL HFL subsequent to such classification.
z. The Borrower/s hereby authorizes/provides consent to IIFL HFL or its subsidiaries/ affiliates and its
Group of Companies to exchange, share or part with all information relating to the Borrower/s to
IIFL HFL's affiliates/ subsidiaries and/or group companies of IIFL HFL and may contact the
Borrower/s through various modes, digital/ otherwise for the purpose of offering their or other
financial product, for the benefit of the customer and the Borrower/s undertakes not to hold
subsidiaries / affiliates of IIFL HFL and their agents liable for use or transmit of such information.
aa. The Borrower/s shall adopt the guidelines issued by the National Disaster Management Authority
(NDMA) and at all times keep aware about the building structure safety norms and shall take all
possible care and caution to maintain the building structure to be safe and intact even in case of
natural disasters and calamities. In case the Borrower/s plans to build on/develop the land, where
the mortgage property is the plot/piece of land, the Borrower/s shall abide with the guidelines
provided by the National Building Code of India in compliance and consonance with the Bureau of
Indian Standards(BIS) norms prescribed for the safety and security of the building structure.

3. ASSIGNMENT AND NOVATION CO-LENDING/LOAN PARTICIPATION Etc.


IIFL HOME FINANCE LTD.

3.1 IIFL HFL may, at any time:


a. Transfer / Assign / subrogate/ securitise or co-lend whole or part of any of its rights obligations and
benefits in connection with the Loan; or
b. transfer by novation the whole or part of any /all of its rights and obligations under the Loan
Agreement and other transaction Documents; or
c. enter into loan participation in connection with the Loan with another bank or financial institution or
trust fund or other entity or establishment which is authorized and regulated by the authorities
and/or notified from time to time, as per law of the land for the purpose of making, purchasing or
investing in loans, securities or other financial assets (the “New Lender”) with or without any notice
or intimation to the Borrower/s
3.2 Borrower shall, upon assignment, novation or transfer of whole or part of any/ all rights and
obligation of IIFL HFL under this Agreement shall provide all information required by the New
Lender for complying with all necessary “know your customer” or other similar checks under all
applicable laws and regulations in relation to the Borrower including its business profession etc., as
and when instructed by IIFL HFL or New Lender.
3.3 Borrower/s hereby agrees that IIFL HFL may without any further consent of the Borrower/s transfer
or assign all or any part of its loan obligation and/or any of its rights and benefits under the Loan
Documents to any bank or financial institution in such manner and on such terms as IIFL HFL may
decide, without modifying the obligations of the Borrower, as accepted by borrower under sanction
letter and this Agreement.
3.4 Notwithstanding such assignment, novation or transfer-
a. the Borrower/s shall unless otherwise notified by the Lenders, continue to make all payments under
the Loan Agreement to IIFL HFL.
b. unless otherwise notified by the Lenders, IIFL HFL shall continue to service / administer the entire
loan and shall also collect / recover all amounts due to be paid to the Lenders.
c. IIFL HFL shall continue to have recourse including the enforcement of entire security as provided
under this agreement.
3.5 Co-Lending Arrangement: The Borrower/s understands and agrees that:
a. IIFL HFL has entered into/may enter into certain arrangements with certain bank and/or financial
institutions to execute co-lending as per the circular of the Regulator and the Authorities concerned
issued from time to time, in such a case the Loan Account with IIFL HFL will be transferred in the
books of such bank or financial Institution with whom the co-lending arrangement is arrived with.
b. by signing the terms and conditions set out herein, the Borrower/s hereby authorises IIFL HFL to
enter into co-lending arrangement with other bank or/and financial institution and further confirms
his/her/their no objection to such co- lending, joint contribution of credit under the facility,
securitization and also to any such sale, assignment, or transfer and the Borrower shall accept
such other party(s) as creditors exclusively or as a joint creditor with IIFL HFL, or as a creditor
exclusively with the right of IIFL HFL to continue to exercise all powers as lender hereunder on
behalf of any such other party. Further, borrower hereby unconditionally agrees that in the event of
IIFL HFL so transferring a share in the assets through assignment, subrogation,
syndication,participation, co-lending or novation to any bank or financial institution or to a trust fund
or other entity, the underlying security shall be deemed to have passed on to such new lenders on
pari passu basis or as agreed between IIFL HFL and the new lender and may be held in trust by
IIFL HFL for and or behalf of itself and the New Lender.
c. by signing the terms and conditions set out herein, the Borrower/s hereby gives its/her/his/their
consent for the co-lending arrangements that IIFL HFL has entered into/ may enter into and
authorises IIFL HFL to co lend current facility under various arrangement with banks.
IIFL HOME FINANCE LTD.

d. In case, this Loan is subject to the co-lending arrangement entered into by IIFL HFL with certain
banks/FI, in addition to the terms set out under the main body and other sections of the Loan
Agreement, “ADDITIONAL TERMS AND CONDITIONS RELATED TO CO-LENDING
ARRANGEMENT” (annexed herewith), shall also become applicable to such Loan and the
Borrower/s has carefully read and understood the same. The Borrower hereby further agrees that
in the event of inconsistency between the terms set out under the main body and other sections of
the Loan Agreement and the ADDITIONAL TERMS AND CONDITIONS RELATED TO CO-
LENDING ARRANGEMENT (annexed herewith), the terms set out under the under Schedule II
herein shall prevail to the extent of such inconsistency.
3.6 Notwithstanding such assignment, novation, transfer, securitisation, co-lending or loan
participation-
a. the Borrower/s shall unless otherwise notified by the Lender, continue to make all payments under
the Loan Agreement to IIFL HFL.
b. unless otherwise notified by IIFL HFL, IIFL HFL shall continue to service/ administer the entire loan
and shall also collect/ recover all amounts due to be paid to IIFL HFL.
c. unless otherwise notified by IIFL HFL, IIFL HFL, in its own capacity or/and in the capacity as the
Security Trustee (as the case may be) continue to hold the security, in trust, for the benefit of the
New Lender/ and shall also undertake the enforcement of entire security as provided under the
Transaction Documents.
3.7 The Borrower/s hereby agrees that notwithstanding anything to the contrary contained herein, upon
co-lending, joint contribution of credit under the facility, securitization, sale, assignment, or transfer
of the Loan, such other Person to whom the Loan is assigned/ transferred/ novated/ sold/
securitised, or who co- lends or jointly contributes the credit under Loan shall ipso facto be a
creditor/ lender under the terms of this Loan Agreement for all intent and purposes without the need
of any further act or deed and shall be deemed to have signed this Loan Agreement and other
Transaction Documents (where lender is a party) and all references to the lender of the Loan under
this Loan Agreement and other Transaction Documents shall be deemed to mean and include such
new lender/ co- lender and the Borrower/s shall accept such other Person as creditors exclusively
or as a joint creditor with IIFL HFL, or as a creditor exclusively (as the case may be) with the right
of IIFL HFL to continue to exercise all powers as lender hereunder on behalf of any such other
party.
3.8 The Borrower/s shall, upon assignment, subrogation, securitisation, co-lending, loan participation,
novation or transfer of whole or part of any/ all rights and obligation of IIFL HFL under this
Agreement shall provide all information required by the new lender for complying with all necessary
"know your customer" or other similar checks under all applicable laws and regulations in relation to
the Borrower including its business profession etc., as and when instructed by IIFL HFL or new
lender.
3.9 The Borrower/s hereby agrees and acknowledges that they shall create/ cause creation of the
sufficient security in connection with the Loan, in favour of IIFL HFL and/or security trustee (acting
for and on behalf of and for the benefit of new lender, if any) and in the event of IIFL HFL
transferring a share in the assets through assignment, subrogation, syndication, participation, co-
lending or novation to any new lender, the underlying security shall be held by IIFL HFL and
Security Trustee (acting for and on the behalf of and for the benefit of new lender).

4. AMORTISATION

a. Subject to Clause 2.2 & 2.6 of the Standard Terms, the Borrower/s will amortise the Loan in the
manner as stipulated in the Schedule.
b. In addition to (a) above the Borrower/s shall pay to IIFL HFL PEMII every month, if applicable.
c. In the event of delay in advancement of disbursement for any reason whatsoever or in the event of
full disbursement of Loan facility or in the event of downsize/ reduction of the Loan amount of partly
disbursed Loan, the date of commencement of EMI shall be the EMI cycle day of the following
month of which the disbursement of the Loan will have been completed and consequently the due
date of payment of the first EMI in such case will be the EMI cycle day of the following month.
IIFL HOME FINANCE LTD.

d. Notwithstanding what is stated in Clause 2.6 (a) of the Terms and Conditions and in the Schedule,
IIFL HFL shall have the right at any time or from time to time to review and reschedule the
repayment terms of the Loan or of the outstanding amount thereof in such manner and to such
extent as IIFL HFL may in its sole discretion decide. In such event/s the Borrower/s shall repay the
Loan or outstanding amount thereof as per the revised schedule as may be determined by IIFL
HFL in its sole discretion and communicated to the Borrower/s by IIFL HFL in writing.
e. Save and except as provided under sub-Clause (f) below, for administrative convenience the EMl
amount is intended to be kept constant irrespective of variations in the AIR and as result of this the
number of EMIs is liable to vary. No intimation shall be given by IIFL HFL as to the number of EMIs
required to be paid by the Borrower/s upon each AIR application. Provided however, the
information as to the applicable /applied AIR during the financial year of IIFL HFL and the number
of EMIs payable from last AIR application during such year shall be intimated by IIFL HFL to the
Borrower/s annually. The Borrower/s shall pay EMIs until the Loan together with interest, costs and
other charges thereon are repaid in full, to IIFL HFL.
f. Notwithstanding anything to the contrary contained in this Agreement having regard to the AIR for
the time being in force, IIFL HFL shall be entitled to increase the EMI amount suitably if:
i. The said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in
full) and/or
ii. The principal component contained in the EMls is inadequate to amortise the Loan within such
period as determined by IIFL HFL. The Borrower/s shall be required to pay such increased EMI
amount and the number of installments thereof per internal policy(s), parameters, or as decided by
IIFL HFL, from time to time and intimated to the Borrower by IIFL HFL.
g. IIFL HFL may vary its IIFL HFL Base rate from time to time in such manner including as to the Loan
amounts as IIFL HFL may deem fit in its own discretion.
h. The Borrower/s shall of his/her/their/its own accord send to IIFL HFL a statement of his/her/their/its
income every year from the date hereof. However, IIFL HFL shall have the right to require the
Borrower/s to furnish such information/ documents concerning his income, employment, trade,
business or profession, as the context may require, at any time and the Borrower shall furnish such
information / documents immediately.
i. The Borrower, in case of partly disbursed Loan may choose to pay PEMII only or EMI on disbursed
amount under the Loan or EMI on Loan.

5. SUBSIDY UNDER GOVERNMENT / NON-GOVERNMENT SCHEMES

5.1 In case the borrower is eligible for subsidy under any scheme from Government / Non-
Government agencies, authorities, etc. including but not limited to Credit Linked Subsidy Scheme
(CLSS) / Pradhan Mantri Awas Yojana (PMAY), etc., he/she/ they shall complete documentation for
such scheme separately as per the norms of Government/ Non-Government Scheme(s) and as per
internal policy(s) from IIFL HFL, from time to time. The Borrowers shall warrant that he/she/they
is/are eligible to avail the scheme (s).
5.2 The Borrower/s covenant that they have furnished correct information and presented all the
genuine documents to avail subsidy from Government / Non-Government Schemes including but
not limited to CLSS/ PMAY, etc. The Borrower agrees that information furnished to IIFL HFL are
true, complete and accurate in all respect. The Borrower further agrees to abide by the guidelines
of such Schemes, as amended, from time to time, to the satisfaction of such authority and that of
IIFL HFL policies.
5.3 If the Borrower/s fail to comply with any terms and conditions of the schemes under which subsidy
has been applied and/or availed and that of the Transaction Documents, including but not limited to
Clause No. 5.1 here in above, the same will be termed as event of default. In the event of default
under the scheme and that of the Transaction Documents, the subsidy amount, that has been
availed by the Borrower(s), shall also be due and payable together with the Loan amount, in terms
of the Loan Documents.
IIFL HOME FINANCE LTD.

5.4 The quantum of the subsidy amount and reversal of the same (in case of event of default), shall be
calculated as per the terms of such scheme and that of the terms issued by such authorities from
time to time.

6. CONFIDENTIALITY

IIFL HFL shall maintain all the information furnished by the Borrowers, strictly private and
confidential and shall not disclose any such information to any third party unless mandated under
the statutory requirements, rules and regulations or under any provisions of law, in force for the
time being.

7. MISCELLANEOUS

i. The charges / interest rate(s) specified in this Loan Agreement / Schedule and/ or the other
Transaction Documents in relation to the Loan are non-refundable in nature and the rates are
chargeable, at the discretion of the Lender, from time to time. The Lender shall endeavor to give
notice of such changes.
ii. The charges for non-payment due shall be payable by the Borrower/s to the Lender under the ECS
method, Direct Debit method, the Salary Debit method and any other payment method selected by
the Borrower/s (except the PDC method) for every instance that Installment/s is/are not paid
to/received by the Lender in accordance with the repayment schedule specified above (irrespective
of the reasons for such non- payment/non-receipt).
iii. The Cheque re-presentation charges shall be payable in each instance that any post- dated
cheque is dishonored (under any of the payment modes) and consequently represented OR in
each instance that a post-dated cheque is presented when any installment/s is/are not received by
the Lender by/upon issue of debit instructions under the ECS method or Direct Debit method or any
other payment method (other than the PDC method) selected by the Borrower/s for any reasons
whatsoever.
iv. Service tax and all other applicable taxes / statutory levies, if any,will be charged additionally.
v. If the Borrower/s makes full Prepayment within one year of Part Prepayment, the full Prepayment
fees shall be applicable on amount prepaid to foreclose the loan and on all amounts tendered by
the Borrower/s toward Prepayment of the Loan during the last one year form the date of final
Prepayment. vi) The effect of any part prepayment made during any Reset Period will be given
form the start of next Reset Period.
vi. The CERSAI charges are non-refundable, statutorily regulated and are subjected to changes as
per applicable law.
IIFL HOME FINANCE LTD.

vii. ONLINE LOAN APPLICATION AND ITS’ PROCESSING BY SOFTWARE AND TECHNOLOGY
1. It is applicable to the Loan Application initiated online/offline and processed partially and/or
fully with the help of software and modern technologies.
2. The Borrower(s) understand and confirm that he/she/ they had applied for loan facility
online/ offline and the Loan application is processed vide software and the modern
technology.
3. The Borrower(s) have awareness about the system and procedure to process application
vide online verification, assessment of Borrower(s)’ Creditworthiness, financial, Income Tax
return, etc. through itself and/or third party software(s) and modern technology. As such IIFL
HFL has been duly authorized to accept and process the Loan application with such third
party software and modern technology.
4. The Borrower(s) have consented for downloading and installation of Software(s), Application
(s) which are necessary for carrying out verification and assessment of the Loan facility. The
Borrower(s) are aware about the risk and consequences against downloading and
installation of such Software(s) and Application(s). IIFL HFL will not be liable in any manner
whatsoever. The Borrower(s) shall ensure due protection and software control while using
and/or allowing such software to do the due diligence and analysis.
5. The Borrower(s) further understand and confirm that IIFL HFL and Authorised Third Parties
never ask and/or would do not require Borrower(s) to provide his/her/their login credentials
such as user name and password (“Login Credentials”) for accessing Information on any
website and/or portal. Under no circumstances he/she/they shall provide Login Credentials
to any representative of IIFL HFL or Authorised Third Parties, even if he/she/they are
requested to do so by a particular representative of IIFL HFL and Authorised Third Parties.
6. DIGITAL/ ELECTRONIC SIGNATURE OF LOAN DOCUMENTS This is applicable only if the
Borrower(s) choose to execute the Loan Documents, partially and/or fully by digital,
electronic and/or any such mode being applicable, as per law, from time to time.
viii. The Borrower(s) understand, agree and confirm that all the Loan Documents have been executed
through Digital and/or Electronic signature and/or any such electronic mode prevalent at the time of
execution of the Loan documents;
ix. The Borrower(s) understand, agree and confirm that in case, the validity of such signatures (Digital/
Electronic and/or any such electronic mode prevalent at the time of execution of the Loan
documents) needs to be ascertained and/or re-verified before any Court/ Tribunal/ Authority, the
Borrower(s) shall rectify the same and if required, he/she/they will execute all the Loan Documents
physically/personally.

8. INDEMNITY

The Borrower/s agrees and undertakes to indemnify and keep IIFL HFL and its
directors/officers/employees/ agents/ consultants fully indemnified and harmless from and against
all the consequences of breach of any of the terms, conditions, statements, undertakings,
representations, warranties etc. of Transaction Documents as also of any of its representations or
warranties not being found to be true at any point of time, including any claims, actions, suits, legal
proceedings, damages, liabilities, costs, expenses etc. faced, suffered and/or incurred by IIFL HFL.
That, in event of any cost, expense, loss, damage suffered by IIFL HFL due to any claims, actions,
suits, legal proceedings, damages, liabilities, costs, expenses etc. being made upon IIFL HFL on
account of any warranties, representations, fraud, deed, act and/or omission etc. of the Borrower/s,
the Borrower/s undertakes to pay such amount to IIFL HFL as shall be demanded by it within 7
days of the demand being made.
IIFL HOME FINANCE LTD.

9. The Borrower and IIFL HFL agree that agreement shall be construed in accordance with the laws
in force in India and in the event that any dispute or difference should arise between the parties in
performance, interpretation and/or application with respect to the present agreement including but
not limited as to any amount outstanding and/or on any matter relating to or arising out of the
present agreement the same shall be referred to the Sole Arbitration of an Arbitrator to be
appointed by IIFL HFL whose decision shall be final and binding upon the Parties. Any notice by
the Arbitrator to the respondents shall be sent by registered post at the address mentioned in the
Agreement or to any changed address duly intimated in writing by the Borrower, will be deemed to
be sufficient notice to the Parties. The costs and expenses of the arbitration proceedings shall be
borne by the Borrower. The sole Arbitrator shall conduct the arbitration proceedings at place and
location to be decided by IIFL HFL, in case of such dispute and shall be binding on the Borrower. It
is also mutually agreed between the parties that IIFL HFL would be entitled to invoke the present
arbitration agreement even after IIFL HFL would have recalled the Loan/terminated the contract for
any reason whatsoever. It is also agreed between the parties that arbitration proceeding would be
conducted in English only and in no other language.
IIFL HOME FINANCE LTD.

Schedule-I

Date: 16-Apr-2024
Place: KOLKATA
Prospect No: IL10798662
Type Of Loan: HL SWARAJ
Name & Address of the Borrower
Mr.ARUN MAJI, Mr. JEET MAJI , Mr. PRABHAT MAJI , Mrs. DIPALI MAJI , CRAVINGS , MS THE
INTERIOR COMPANY
166, ANANDAPALLY, Jadavpur ,university,Jadavpur University,KOLKATA, West Bengal, 700032,
INDIA

166, Anandapally ,jadhavpur,Jadavpur University,KOLKATA, West Bengal, 700032, INDIA

Clauses of Standard Terms under Reference

2.1 AMOUNT OF LOAN


₹ 1680000.00 (Sixteen Lakh Eighty Thousand Rupees only)

2.2 INTEREST
A. Adjustable Interest Rate
Preferred Base Rate (Write "Yes" against selected option):
IH-HPLR: YES IH-LPLR:
a) The Base Rate : 16.60 % per anum(as on the date of execution of this Agreement)
b) Adjustable rate of interest* : the Base Rate 16.60 +-4.35 % p.a.=12.25 %p.a

*(The rate of interest is subject to revision from time to time due to changes in the base rate or
other factors, IIFL HFL has the option to reduce or increase the EMI or extend the repayment
period or both consequent upon revision in interest rate. The Borrower will be notified of any such
revisions, and they will be binding on the Borrower. For more details, please refer to clauses 4 and
7 of the Loan Agreement and our website https://www.iiflhomeloans.com, specifically, sub-clause
2.6 of Standard Terms & Conditions and Standard MITC.)

2.3 AMORTISATION
a) Terms of repayment : 240 months*
b) EMI ₹ : 18792.00*
c) Number of EMls : 240*
d) Date of Commencement of EMI : 5*
e) Due date of payment of first EMI : 5*
f) (Due date is the date on which EMI is due and payable by the Borrower (as defined in Standard
terms and conditions)
g) Late Payment fee/Default charges : 18% per annum on the overdue loan amount.
IIFL HOME FINANCE LTD.

*Subject to variation in terms of this agreement.


“Prepayment charges shall be levied by IIFL HFL, as per IIFL HFL policy and applicable statutory
regulation, at the time of prepayment. As on date of execution of the Loan Agreement, the Prepayment
charges are not applicable on "Individual Loans" for home loans and non-Home Loans availed for other
than business purpose. For "Non- Individual Loans" and Individual Non-Home Loans availed for business
purpose, the Prepayment charge is 5% of amount pre-paid plus taxes, if the Loan Amount prepaid, part or
full, within 12 months from the date of last disbursement. After 12 months, from the date of last
disbursement, the part prepayment will attract Pre Payment charges of 1% of amount pre-paid plus taxes
and full prepayment will attract Pre Payment charges of 3% of amount pre-paid plus taxes. In case of the
prepayment amount exceeds 25% of principal outstanding Loan Amount, leading to full closure of Loan
on the date of prepayment inclusive of any other prepayment in last 12 months, then all pre-payment
amount will attract prepayment charges of 3% of amount pre-paid plus taxes. For latest policy updates,
refer IIFL HFL official website: www.iiflhomeloans.com”
Without prejudice to the IIFL HFL’s other rights, in case of any delay in the payment of schedule EMIs as
per terms of loan agreement, the borrower/s shall be liable to pay additional Penal charges / default
charges at the rate of 18% per annum on the overdue loan amount plus taxes (if any), to IIFL HFL”.

Description of the property:


1.FLAT NO 3 2ND FLOOR,SW Side,WARD 96,PREMISES NO 3 / 1U,Bijoygarh,BADE RAIPUR
ROAD,KOLKATA,West Bengal,700032,INDIA
(along with construction thereon present and future both.)
It is hereby agreed that for detail terms and conditions of the loan, the parties hereto shall refer to and
rely upon the loan and other security documents executed / to be executed by them.

Acknowledgement

The above terms and conditions of this Loan Agreement (inclusive of the Standard Terms) have been
read by the Borrower/s / over to the Borrower, understood and agreed upon the Borrower/s.
A copy of the Standard Terms have been handed over to the Borrower and duly received by the Borrower.

Authorized Employee Details


Tamal Kanti Roy
C182581
IIFL HOME FINANCE LTD.

SPECIMEN OF CLASSIFICATION OF LOAN ACCOUNT


(As special mention accounts (‘SMA’) and non- performing asset (‘NPA’), in
case of default)
1. As per existing guidelines of Reserve Bank of India, the loan accounts are required to be flagged
as “overdue” by the Lender as part of day-end processes for the due date (for example: if Due
Date for EMI is March 31, 2022, and EMI is not received from the borrower before the lender runs
the day-end process for March 31, 2022, then the lender is required to flag that particular loan
account as “overdue” upon running the day-end process for March 31, 2022)

2. If the loan account continues to remain “overdue”, then the lender may have an obligation to flag
the account as Special Mention Accounts ("SMA") and Non-Performing Asset ("NPA") in
accordance with the following timeline or as may be applicable from time to time:

Asset Classification Basis for classification – Principal or interest payment or any


other amount wholly or partly overdue between
SMA 0 1-30 days
SMA 1 31-60 days
SMA 2 61-90 days
NPA 91 days or more

3. Illustration: If the due date of a loan account is March 31, 2022, and full dues are not received
before the Lender runs the day-end process for this date, the date of “overdue” shall be March 31,
2022. If it continues to remain overdue, then this account shall get tagged as SMA-1 upon running
day-end process on April 30, 2021 i.e. upon completion of 30 days of being continuously overdue.
Accordingly, the date of SMA-1 classification for that account shall be April 30, 2022. Further, if the
account continues to remain overdue, it shall get tagged as SMA- 2 upon running day-end process
on May 30, 2022 and if continues to remain overdue further, it shall get classified as NPA upon
running day-end process on June 29, 2022

4. Loan account once classified as NPA can only be upgraded as standard asset when entire arrears
of interest and principal is paid by the borrower.”
IIFL HOME FINANCE LTD.

ADDITIONAL TERMS AND CONDITIONS RELATED TO CO-


LENDING ARRANGEMENT
(To be applicable in case the account is identified and accepted for co-lending
purpose)
The following clauses in the Clause under reference shall form an integral part of the Loan Agreement
and shall be read in conjunction with the Loan document and be enforced as the other provisions under
these Clauses of the Loan Agreement.

1. AMOUNT AND TERMS OF LOAN

In case after disbursement of the Loan facility, IIFL HFL exercises its discretion to enter into Co-lending
arrangement with any bank in accordance with the terms and parameters of Reserve Bank of India’s
Circular being RBI/2020-21/63 FIDD.CO.Plan.BC.No.8/04.09.01/2020-21 dated November 05, 2020
and/or any circular, guidelines or notification issued by RBI/NHB in this regard. In such event:
a) The Loan will be jointly booked in the books of a such Bank and IIFL HFL as per agreed lending
percentage between IIFL HFL and the bank. Thereby, the rights and interest in the Loan facility
together with underlying security may be assigned by IIFL HFL in favour of the bank to the extent
of bank’s share in the Loan facility
b) The Base Rate applicable to the Borrower/s may vary as mutually agreed upon between IIFL HFL
and the Co-lender partner Bank, which will be ascertained upon their respective cost of funds,
source of funds, market condition, regulatory guidelines etc.
c) Any Security Documents that have been/may shall be executed by the Borrower/s to secure the
repayment of the Facility(ies) in favour of the IIFL HFL, shall be treated that the same have been
created in favour of IIFL HFL, in its capacity as the Security Trustee, acting for the benefit of itself
as Lender and the bank. All security interest created over the Secured Property/Assets shall rank
pari passu inter se IIFL HFL and the Bank in proportion to their Funding Ratio. However, IIFL HFL
will be the single point of interface unless otherwise agreed between IIFL & the bank, for the
Borrower/s and may generate a single unified statement in accordance with the Co-lending
arrangement
d) The Borrower/s shall be charged an all-inclusive rate of interest, on the facility as mutually agreed
upon between IIFL HFL and the Co-lender partner Bank, in accordance to the co-lending Circular
and guidelines issued by the Regulators, Ministry concerned, Government agencies or any such
competent Authority, from time to time

2. DECLARATION OF THE BORROWER/S:

a) The Borrower/s understand and are aware that in case their Loan facility is selected for co-lending
arrangement in such a situation the recipient account of EMI may change and the Escrow Account
together with Co-lending institution may be the designated for repayment of the same. The
borrower/s hereby authorise IIFL HFL to issue necessary instructions and change the details of
EMI & recipients account in my standing instructions like ECS, E-NACH, NACH or any other
electronic mode of payment

b) The Borrower/s have read (and/or being read over and explained), verified, understood and
irrevocably agreed the terms and conditions of this Agreement, other related documents (if any),
including but not limited to the procedure and guidelines applicable to the Co-Lending
Arrangement. The Borrower/s shall have no objection and hereby authenticated accuracy and
correctness of the same and thereby, convey her/his/their express consent to the co-lending
arrangement entered/ to be entered between IIFL HFL and the Bank by signing this Agreement
IIFL HOME FINANCE LTD.

c) The Borrower/s further agree and give his/her/their consent after understanding the terms and
condition of this Agreement. The said co-lending Arrangement entered/to be entered between IIFL
HFL and a bank shall be irrevocable and binding on the Borrower/s and the Borrower/s shall not
raise any objection, for the reason whatsoever, to the terms of this Agreement and the Co-Lending
Arrangement

d) The Borrower/s further understand and acknowledges that for processing, collection and servicing
of the Loan facility provided/to be provided to me/ us by IIFL HFL, IIFL HFL may collect fresh ECS,
the NACH mandate, and Auto Debit instructions in favor of IIFL Home Finance Limited or co-
lending bank towards payment/ repayment/ prepayment of the facility availed

e) The Borrower/s agree and understand that IIFL HFL may also shift the ECS/Nach mandate/ auto
debit instructions, made out in favour of IIFL Home Finance Limited, in favour of co-lending bank
towards payment/ repayment/ prepayment of the facility availed

f) Upon co-lending, the repayments/prepayment/payments received will be shared between IIFL HFL
& the bank in proportion to the share of credit and interest

g) The Borrower/s hereby agree and undertake to indemnify IIFL Home Finance Limited and Co-
lender partner bank from and against any and all liabilities, obligations, losses, damages,
penalties, actions, judgements, suits costs or expenses or any kind and nature whatsoever, which
may be imposed on or incurred by or asserted against IIFL Home Finance Limited and Co-lender
partner bank for violation of conditions of this undertaking or any other documents in relation to the
my / our Application Form and facility agreement

3. MISCELLANEOUS

A. Bank Contribution:
a) As per co-lending arrangements, if the Loan availed by the Borrower/s meets the selection criteria
of the relevant co-lending bank ("Co-Lending Bank”), and if it is accepted by the Co-Lending Bank,
the Co-Lending Bank will make available such portion of the Loan monies which has been agreed
to be contributed by such Co-Lending Bank as per the co-lending arrangement (“Bank
Contribution”) and part of the Loan will be novated by/ transferred to the Co-Lending Bank
b) Upon transfer of the Bank Contribution by the Co-Lending Bank , all the right, title and interest of
IIFL HFL in the Loan, shall stand transferred to the Co- Lending Bank (to the extent it is entitled to
pursuant to the transfer of Bank Contribution) absolutely and forever, to the end and intent that the
Co-Lending Bank shall be deemed to be the full and absolute owner and as such legally and
beneficially entitled to all such portion of the security against the loan, free from all encumbrances.
Further, the terms of the Loan will be deemed to be novated/ assigned in such a manner that Co-
Lending Bank will become a co-lender of the Loan and will be deemed to have executed this Loan
Agreement and other Transaction Documents (to which the lender is a party) as a co-lender along
with IIFL HFL and all the references under this Loan Agreement and the Transaction Documents to
the lender of the Loan shall be deemed to mean and include both IIFL HFL and such Co-Lending
Bank

B. Roles, responsibilities and covenants of the Co-Lending Bank and IIFL HFL:
a) IIFL HFL shall continue to be single point of interface for the Borrower, irrespective of a portion of
the Loan being novated by/ assigned to/ transferred to the corresponding Co-Lending Bank under
the co-lending arrangements
IIFL HOME FINANCE LTD.

b) IIFL HFL shall inter-alia have the following roles and responsibilities:
i. Collection of the receivables and repayment amounts against the Loan from the
Borrower on behalf of itself and the Co-Lending Bank;
ii. Enforcement of security and collection of all enforcement proceeds from the
Borrower on behalf of itself and the Co-Lending Bank; and
iii. Maintenance of details and accounts of the Borrower
c) IIFL HFL and the Co-Lending Bank have agreed to adhere to a standard operating procedure
mutually framed by IIFL HFL and the Co-Lending Bank which shall be monitored and reviewed as
and when desired by IIFL HFL and the Co-Lending Bank with mutual agreement
d) Under the co-lending arrangement, the Co-Lending Bank and IIFL HFL has confirmed that they
shall follow the co-lending model notified by RBI vide notification dated November 05, 2020 titled
“Co-Lending by Banks and NBFCs to Priority Sector”, as amended from time to time, in all
respects in relation to the Loan
e) The Bank will also maintain a Borrower account. However, all the collection and recovery of the
amounts due from the Borrower in relation to the Loan and all such acts and performances in
relation to the servicing and recovery of Loan will be undertaken by IIFL HFL therefore all the
payments to be made by the Borrower, in relation to the Loan shall be made to IIFL HFL only,
unless otherwise intimated by IIFL HFL

C. Grievance Redressal
In addition to the grievance redressal mechanism as set out elsewhere under the Loan Agreement,
the Borrower may register a complaint with IIFL HFL with respect to the Loan, at
https://www.iiflhomeloans.com/reach-us/raise-a-request or at call centerv of IIFL HFL at 1860 267
3000 or by filing a direct written complaint addressed to concerned officer. IIFL HFL shall within 30
days, resolve the complaint, failing which the Borrower would have the option to escalate the same
with the concerned Banking Ombudsman/Ombudsman for NBFCs or the Customer Education and
Protection Cell (CEPC) in RBI

D. Business Continuity Plan


The Co-Lending Bank and IIFL HFL have formulated a business continuity plan to ensure
uninterrupted service to the Borrower till repayment of the loan in the event the co-lending
arrangement is terminated.

E. KYC
The KYC documents of borrower(s)will be shared with the Co-Lending Bank for necessary due
diligence. The Borrower/s hereby authorize the Co-Lending Bank and IIFL to further use the KYC
documents submitted in accordance with the applicable laws.
IIFL HOME FINANCE LTD.

DECLARATION
1. I/We say that I/We am/are absolutely seized of and in possession of or otherwise well entitled to the
immovable property more particularly described in the Schedule A here under written/hereto attached
(hereinafter referred to as the “Said Property”).
2. I/We have disclosed all facts relating to the said property to IIFL HFL and delivered to them all
documents of title and other deeds and writings in my/our possession and power with an intension to
create charge over the said property.
OR
I/We have disclosed all facts relating to the said property to IIFL HFL and I/we do hereby further
confirm that the loan amount will be used for the purpose disclosed in the application form and the
end use letter and/or purchase of immovable property only and the complete title documents along
with the transfer /Sale Deed and/or the title document executed pursuant to the transaction shall be
deposited with IIFL HFL immediately, without any delay. Such deposit shall be with sole intention to
create equitable mortgage on such immovable property in favour of IIFL HFL.
3. I/We further confirm that nothing material has been concealed by me/us and I/We confirm the
accuracy of all information given by me/us in this regard and also confirm that all prior information
furnished by me/us in this behalf is true, complete and accurate in every way and even all further
information supplied/furnished by us would be the same.
4. I/We am/are the only sole and absolute owners thereof and no other person has any share, right, title
or interest of any kind or nature whatsoever in the said property and I/We have acquired the said
Property with my/our self-acquired funds (except for the Loan).
5. I/We confirm and assure you that the said property is free from all lien, charges, encumbrances,
claims and demands and the same is not subject to any charge, liens, lis pendis, attachment or any
other processes issued by any court of authority and I/We have not created any lien, gift or trust in
respect of the said property and that no notice for acquisition or requisition is issued in respect of the
said property. I/We further declare that the said property is not encumbered in any manner
whatsoever and I/We have an absolute, clear and marketable title thereto.
6. I/We confirm and assure you that no material change has taken place after submitting the Application
for the sanction of the loan which would affect the title of the property in my/our favour and that of
security to the loan
7. I/We hereby agree, confirm and undertake that I/We will at all times and as when required, make out
a clear and marketable title free from all reasonable doubts, claims and encumbrances to the said
property to your satisfaction and/or your legal counsel and/or any person authorized by you.
8. I/We say that I/We have not received any notice of any intended or compulsory acquisition of the said
property and to the best of my/our knowledge no notification of any kind that will and/or may
adversely affect the property in any manner has been issued or published nor is the said property
reserved for any purpose.
9. I/We say that I/We have duly paid and will continue to pay the rates, taxes, cesses, assessments,
revenues, duties, society charges and all other amounts now or hereafter due (as and when the same
become due and payable) in respect of the said property and that at present there are no arrears of
such rates, taxes, revenues etc. outstanding and that no attachments or warrants have been served
on me/us in respect of Sales Tax, Income Tax, Government Revenues and other taxes.
10. I/We say that I/We have observed and performed and will continue to duly observe and perform at all
times all the rules, regulations, terms, conditions and covenants subject to which the said property or
any part thereof has been purchased/acquired/held by me/us which are so required to be observed,
performed, complied with me/us.
11. I/We shall duly and faithfully observe and full fill all the terms and conditions of the said Loan
Agreement and shall always observe and comply with the rules and regulations framed by you.
IIFL HOME FINANCE LTD.

12. I/We say that as on date I/We have in my/our possession, power and control only those documents,
evidences and writings relating to the said property, all of which are more particularly described in the
Schedule B, hereunder written /hereto attached being the title deeds in respect of the said property.
13. I/We declare and assure to you that there is no action, suit proceeding or investigation decided,
disposed or pending to my/our knowledge or threatened by/against me/us before any Court of Law or
any other competent authority or body which has/have material effect on my/our business
14. /profession/service, properties or affairs or which might put into question the validity or performance of
the said Loan Agreement or any of its terms and conditions.
15. I/We further say that you have given/agreed to give me/us the financial facilities inter-alia on the faith
of the assurances which are hereby given viz. that I/We will not sell, transfer, exchange, partition,
mortgage, charge, encumber, lease, dispose, alienate, create any third party interest in any manner,
or deal with the said property in any manner whatsoever until such time that all the entire loan has
been completely repaid to your entire satisfaction and confirmed by you in writing
16. I/We are not aware of any document/judgment or legal process of latent/patent defect in my/our title
to the said property which may prejudicially affect your interest. I/We hereby declare and undertake
jointly and severally to irrevocably undertake to indemnify and keep you fully indemnified and
harmless from or against any loss, damage or risk that might arise to you on account of any defect in
my/our title to the said property or account of any default of mine/any of us or on account of
nonperformance or non-observance or breach of any terms, clause, conditions or covenant of the said
Loan Agreement or any other document executed by me/us or any one of us. I/W e shall forthwith
reimburse you along with interest the amount of any such claim, demand, risk etc. together with costs,
interests etc. as the case may be notwithstanding your right to recall the said loan together with
interest and other amounts payable to you.
17. I/We further agree and undertake to honour and observe all our commitments made in the Loan
agreement.
18. I/We further agree that the commitment and/or assurances made in the present declaration are in
addition to our other liabilities, covenants, commitments and/or assurances etc. made vide any other
agreement or otherwise to you.
19. I/We have scrutinized and am/are satisfied with the building plans, commencement certificate and all
the requisite permissions pertaining to the property and that the construction is as per the approved
plans and of the satisfactory and standard quality I/We further assure that all possible building safety
norms have been taken care in terms of Bureau of Indian Standards (BIS) guidelines duly approved
and adopted by the authority concern also and I/We assure of the same. I/We further undertake that
we have verified the property and the title of the same thoroughly and completely in all respects and
there is no defect and/or possible defect in the same and I/We also assure you of the same.
20. I/We hereby declare, undertake and confirm that the said property shall be used for
residential/commercial purpose, as allowed under the law and for no other purpose. And I/We make
the aforesaid declarations and statements and give the aforesaid undertaking solemnly and sincerely
believing the same to be true and knowing fully well that on the faith and strength thereof along with
my/our other commitments, covenants, assurances, representations etc. IIFL HFL have agreed to
give the said loan.
IIFL HOME FINANCE LTD.

SCHEDULE - A

DETAILS OF THE PROPERTY(IES)

1.FLAT NO 3 2ND FLOOR,SW Side,WARD 96,PREMISES NO 3 / 1U,Bijoygarh,BADE RAIPUR


ROAD,KOLKATA,West Bengal,700032,INDIA

SCHEDULE - B

DETAILS OF THE TITLE DEEDS

The details of the title documents are prepared based on my/our declaration, representation and disclosure
given herein above.
1.AGREEMENT TO SELL- ORIGINAL AGREEMENT TO SELL dated 20240402 executed by PARTHA SARATHI
GHOSH In Favor of JEET MAJHI & ARUN MAJHI in respect of the said property
2.CONVEYANCE DEED- ORIGINAL CONVEYANCE DEED dated 20140109 executed by PRADYUT RANJAN
GHOSH, CHAMKA GHOSH & ALLIED CONSTRUCTION In Favor of PARTHA SARATHI GHOSH in
respect of the said property
3.CONVEYANCE DEED- ORIGINAL CONVEYANCE DEED dated executed by PARTHA SARATHI GHOSH In
Favor of JEET MAJHI & ARUN MAJHI in respect of the said property
IIFL HOME FINANCE LTD.

To,

IIFL Home Finance Limited


Regd. Office at:
IIFL House, Sun Infotech Park,
Road No. 16V, Plot No. B-23,
Thane Industrial Area,
Wagle Estate, Thane – 400604

IIFL Home Finance Limited


Corporate office at:
IIFL Tower, Plot no 98,
Udyog Vihar, Phase- IV,
Gurugram, Haryana –122016

I/We, the Borrower(s), declare that I/we have approached IIFL Home Finance Limited ("hereinafter referred
to as the “IIFL HFL") for grant of the Loan facility, which is being sanctioned to me/us (here in after referred
to as the Said Loan) on the terms and conditions set out in the loan agreement and other related
documents ("Loan Documents") in respect of the Property which is more particularly described here in
above (here in after referred to as the “Said Property”). I/We do hereby confirm and undertake the
following and shall be read in continuation and conjunction of my/our Loan application and execution of the
Loan Documents, executed by me/us:

1. LETTER OF CONTINUITY:

a) I/We agree and confirm that I/We have executed/shall execute a Demand Promissory Note for
the sanctioned Loan amount together with the rate of interest applicable to it, by me/us to IIFL
HFL as security for the repayment any sum how due or which may here after or become due by
way of loans or advances, notwithstanding the fact that the loans or advances or the account,
may from time to time be reduced or extinguished or the balance in the said account brought to
credit, the intention being that the said Demand Promissory Note and the security shall be a
continuing security and be enforceable for any borrowing which now or may at any time hereafter
become due and owing and payable in respect of the Said Loan by me/us at any time to IIFL
HFL.
b) I/We agree and confirm that the minimum amount of interest payable monthly on the above
mentioned account/s will not be less than the rate of interest mentioned in the said Promissory
Note or at any revised rate notified to me/us from time to time by IIFL HFL.

2. CO-LENDING ARRANGEMENT AND ACKNOWLEDGMENT OF ITS TERMS UPON ADDITION OF


BANK AS CO-LENDER.

a) I/We, refer to the aforesaid Sanction Letter and Loan Agreement signed and submitted by
myself/us to IIFL HFL.
b) I/We aware that as per RBI circular no. RBI/2020-21/63 FIDD. CO. Plan. BC. No.
8/04.09.01/2020-21 (“circular”) dated November 05, 2020 (in supersession of the earlier circular
FIDD.CO.Plan.BC.08/04.09.01/2018-19 dated September 21, 2018), IIFL HFL has operational
flexibility to enter into “Co-Lending Model” (“CLM”) with different banks (“the bank”).
Subsequently thereto, IIFL HFL and the Bank in their capacity as co-lenders, shall reflect the
current Said Loan, in mutually agreed lending ratio, on IIFL HFL’s and the Bank’s book till the
repayment of Loan and interest thereon
IIFL HOME FINANCE LTD.

c) In this connection, I/We understand and confirm that I/We have been explained by authorized
representative of IIFL HFL that in the event IIFL HFL entered into Co-Lending arrangement with
the bank, IIFL HFL will act in capacity of Lender for itself and as the service provider/Agent for
the bank (for the proportion of the share of credit and interest) to undertake acts with respect to
processing, collection and servicing of the facility provided/to be provided to me/ us by IIFL HFL
such as:
i. Collection of any requisite additional documents and/ or information requested by IIFL HFL
or/and the bank from me/ us to the facility and/or other related parties;
ii. Addressing all queries/request raised by us relating to, inter alia, the Loan Account status,
part payment, interest rate conversion, prepayment of facility, collection of original property
documents etc.
iii. Collection:
• Collecting the ECS and the NACH mandate, Auto Debit instructions made out by me/
us in favor of IIFL Home Finance Limited or co-lending bank towards payment/
repayment/ prepayment of the facility availed.
• The repayments/prepayment/payments received will be shared between IIFL HFL &
the bank in proportion to the share of credit and interest.
iv. Interest Rate:
• I/We shall be charged an all-inclusive rate of interest as mutually agreed upon
between IIFL HFL and the Co-lender partner Bank in accordance to the Circular and
guidelines issued by the Regulators, Ministry concerned, Government agencies or
any such competent Authority, from time to time
• Upon repayment, the interest income will be shared between IIFL HFL & the bank in
proportion to the share of credit and interest.
v. I/We undertake all necessary actions in consultation with and as per directions and/ or
instructions provided by IIFL HFL / the bank to ensure collection of all dues including but not
limited to initiating any legal action(s) against me/us and other related parties in accordance
with the powers granted by IIFL HFL in relation to the same and in accordance with
applicable laws.
vi. I/We further agree, confirm and undertake that in the event any payments are made on
my/our behalf by any third party, I/We shall repay to such third party, such amounts as have
been paid by third party.
vii. I/We agree, acknowledge, confirm and undertake that such third party shall have the right of
subrogation and the right to claim such amounts from me/ us subject to the repayment of all
amounts owed to IIFL HFL/ the bank to the satisfaction of IIFL HFL/ the bank.
viii. I/We hereby agree and undertake to indemnify IIFL HFL and the bank from and against any
and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits costs
or expenses or any kind and nature whatsoever, which may be imposed on or incurred by
or asserted against IIFL HFL or/and the bank for violation of conditions of this undertaking
or any other documents in relation to the my / our Application Form, Sanction Letter and
Loan Agreement.
ix. I/We hereby agree and confirm that capitalized terms used and not defined herein shall
have, unless there is something repugnant to the subject, meaning or context thereof,
meaning assigned to them in the Loan Agreement and that this declaration shall be an
integral part of Loan Agreement.
d) I/We hereby agree and accept that upon selection of his/her/their Said Loan for co-lending
arrangement with other bank, the co-lending partner bank may by itself or through authorized
persons, lawyers, agencies, bureau, etc., as it may deem fit, may conduct similar due diligence,
including but not limited to, verify any fact or information furnished by, concerning and pertaining
to the me/us, check credit references, employment details and obtain credit report etc. in order to
determine any creditworthiness from time to time and conduct any other verification that has
been carried out at the time of Loan appraisal and I/us shall have no objection to these
IIFL HOME FINANCE LTD.

3. PERMISSION TO LINK ALL LOAN ACCOUNTS (CROSS LINK OF LOAN FACILITY


CONFIRMATION)

a) I/We are aware and do hereby confirm that upon my/our consent and authorization IIFL HFL has
linked my/our above Loan Accounts
b) If I/We wish to foreclose my/our above Loan Accounts of IIFL HFL, I/We shall close both the
accounts simultaneously with IIFL HFL or as it will be advised by IIFL HFL.
c) I/We are aware and do hereby undertake, agree and confirm that if I/We fail to close both the
loans simultaneously and / or as per the terms of agreement or I/We close either of the Loan
Accounts, in such circumstances IIFL HFL / may at its sole discretion with hold the title document
of the property of the loan account which has been closed by me/us. The same would be treated
as part and parcel of security for unsatisfied Loan Account.

4. SUBMISSION OF POST DISBURSAL DOCUMENT.

a) I/We, hereby declare that I/We have availed the Said Loan for the end use being duly declared
and shown in my/our application from and the loan documents more particularly referred
hereinafter.
b) I/We, are aware that the following documents are marked as Post Disbursal Documents
(hereinafter referred as PDD) since these are requiring to be executed/issued in my/our favour,
as on date of the first disbursal of the Loan, in respect of the Property offered as Security:
1.CONVEYANCE DEED- ORIGINAL CONVEYANCE DEED dated 20140109 executed by
PRADYUT RANJAN GHOSH, CHAMKA GHOSH & ALLIED CONSTRUCTION In Favor of
PARTHA SARATHI GHOSH in respect of the said property,
2.CONVEYANCE DEED- ORIGINAL CONVEYANCE DEED dated executed by PARTHA
SARATHI GHOSH In Favor of JEET MAJHI & ARUN MAJHI in respect of the said property,
3.ODV (ORIGINAL DOCUMENTS VERIFICATION) REPORT- ORIGINAL ODV (ORIGINAL
DOCUMENTS VERIFICATION) REPORT dated executed by EXTERNAL VENDOR/DCM In
Favor of JEET MAJHI & ARUN MAJHI in respect of the said property,

c) I/We, hereby undertake, agree and confirm that I/We shall inform IIFL HFL in advance as and
when the PDD will be executed/issued and shall deposit the said PDD in original immediately
after receiving the same from the developer / authority / institution concerned and shall provide
all assistance and cooperation as may be required by IIFL HFL for procurement of these PDD.
d) I/We, are aware that this undertaking is part of Loan documentation and any breach or default in
complying with of the aforesaid undertaking will constitute an event of default under the said
Loan Agreement. I/We, hereby also undertake to indemnify and keep IIFL HFL indemnified
against any/all monetary loss, harm, lawsuit or injury, claims, damages, losses, liabilities,
penalties and expenses (including litigation expenses) which may be suffered or caused to be
suffered by IIFL HFL:
i. on account of any breach of the terms of this Undertaking furnished hereto; or
ii. which may be asserted against IIFL HFL by any person, entity, third party, institution or
governmental authority (including any person or entity claiming derivatively on behalf of the
Borrower(s), in connection with or arising out of or relating to the matters of the Property as
secured with IIFL HFL in accordance with terms of the Loan Agreement.

5. CONFIRMATION FOR NO LITIGATION, NO ENCUMBRANCE, PRIOR TITLE DOCUMENT(S)


VETTING.

a) I/We confirm that the Said Property owned/to be owned by myself/us and I/We am/are having the
title documents of the Said Property.
IIFL HOME FINANCE LTD.

b) I/We confirm to IIFL HFL that at the time of purchase of the Said Property the Previous Title
Documents of the Owners were duly verified and ascertained that title of the Said Property is
clear, marketable and free from all kind of encumbrances.
c) I/We confirm to IIFL HFL that the title of the Property is clear, marketable and free from all kind of
encumbrances.
d) I/We further confirm that there is no claim pending or notice received against the Said Property
and the documents available in copies are true and correct, and are as per the Original
Documents being seen and verified by the myself/us. The original documents are also true and
correct.
e) I/We will be the absolute owner(s) of the Said Property, upon execution of the Sale Deed, and
having clear and marketable rights with him/them only.
f) I/We confirm further undertake that no third party rights will be created in any manner,
whatsoever, including by sell, transfer, alienation, lease etc. without making repayment of the
loan amount and other charges as defined in the loan agreement.

6. CONFIRMATION/PROOF OF RELATIONSHIP, IF APPLICABLE.

a) I/We do hereby state and declare on solemn affirmation that the person(s) named in the below
table below is/are my relative and we all are jointly and severally liable to repay the Loan Amount
in terms of the Loan Agreement. The relationship details with other borrower(s) are as under:
S.No Name Relationship with Applicant Type as per Loan
Mr./Ms ARUN MAJI Structure
(Applicant/Co-Applicant,
Gaurantor, Proprietor etc.)
1 CRAVINGS COBORROWER
2 DIPALI MAJI Mother COBORROWER
3 JEET MAJI Brother COBORROWER
4 MS THE INTERIOR COBORROWER
COMPANY
5 PRABHAT MAJI Father COBORROWER

b) I/We, hereby undertake to indemnify and keep indemnified against any monetary loss, harm or
injury which may be suffered or caused to be suffered to IIFL HFL on account of this
representation or any misrepresentation or on account of claim by any legal heir and/or third
party against IIFL HFL.

7. THE BELOW SECTION IF APPLICABLE WHERE THE BORROWER IS A NON-INDIVIDUAL AND


REGISTERED UNDER GOODS & SERVICES (GST) LAW: CONFIRMATION FOR REGISTRATION
UNDER PROVISIONS OF LAW OF GOODS & SERVICES (GST LETTER)

a) I/We accept that I am /We are NA under Central Goods and Service Tax Act, 2017 (hereinafter
referred rules and regulations AND/OR in case I/We become notified under GST. to as the ‘GST
Act’) Act in the due course of me, and I/We shall abide by the any such regulations applicable to
me/us from myself / us to me.
b) I/We hereby confirm my/our GST No. is NA and GST registered address is NA in State NA. The
here in mentioned GST Details furnished by myself / us to IIFL HFL are true and genuine and
I/We shall inform and update IIFL HFL in case of any change in my/our GST related details.
c) I/We agree that any changes in GST related details intimated by me/us to IIFL HFL shall be given
effect prospectively IIFL HFL, from the date of receipt of such change request.
d) I/We declare and state that I/We shall submit the proof of GST No. and other GST related details,
in can I/We am/are registered under the GST Act, to IIFL HFL as and when required by IIFL HFL
IIFL HOME FINANCE LTD.

e) I/We acknowledge and agree that IIFL HFL would not be responsible for any non-receipt / short
receipt of GST credit due to incorrect / inaccurate / incomplete information provided by me/us to
IIFL HFL and I/we hereby undertake to indemnify and keep indemnified, IIFL HFL against for any
loss, damage, cost and/or expenses suffered/incurred by IIFL HFL arising out of any act,
omission, false statement suppression of fact and/or any breach of the terms of this undertaking.

8. BELOW SECTION IS APPLICABLE, IF ANY BORROWER(S) HAVING DUAL NAME/ SIGNATURE


AND/OR DIFFERENCE IN NAME/ SIGNATURE

a) I/We do hereby confirm that during appraisal of the Loan application, execution of the Loan
Agreement or/and other transaction Documents if my /our signature appear in two different style
and/or if there is an apparent variation in my/our signatures at different places on the Loan
agreement or/and transaction Documents
AND/OR
I/We do hereby confirm that during appraisal of the Loan application, execution of the Loan
Agreement or/and other transaction Documents if my/our name appears in two different
style/manner/spelling in different identification and KYC document.
b) I/We do hereby confirm that my/our name mentioned /signatures placed on the Loan Agreement
and other transaction documents are correct, valid, used/done by me/us and belong to me/us
only. In such event, all the names and/or signatures appearing on the Loan Agreement and other
transaction documents shall be taken into consideration as correct for further processing of the
Loan application and that of the transaction Documents
c) I/We further confirm that my/our name and/or signatures are being used by me/us in my/our
normal course of business and it will not be misused, misquoted or copied in future against IIFL
HFL. Further, I/We wish to declare that the signatures on the Loan Agreement and Loan
Documents are mine/us and used at different authorities during course of business and agree to
be bound by anything executed under any of these hands. Moreover, I/We agree and undertake
to indemnify IIFL HFL and keep IIFL HFL be indemnified against any loss. claim and damages,
resultant on account of dual/variant name and/or signature, if any.

9. BELOW SECTION IS APPLICABLE, IF THERE IS A MISMATCH OF DATE OF BIRTH OF ANY


BORROWER(S).

a) I/We do hereby confirm that during appraisal of the Loan application, execution of the Loan
Agreement or/and other transaction Documents, if there is a mismatch in my/our date of birth in
different identification and KYC document and/or I/We do not have documentary proof of the
Date of Birth. I/We do hereby confirm that my/our Date of Birth mentioned in the Loan Agreement
and other Loan documents are correct and the same shall be taken into consideration for further
processing of the Loan application and that of the transaction Documents.
b) I/We further confirm that my/our date of birth are being used by me/us in my/our normal course of
business and it will not be misused, misquoted or copied in future against IIFL HFL.
c) Further, I/We wish to declare that the Date of Birth mentioned on the Loan Agreement and Loan
Documents are correct and used at different authorities during course of business and agree to
be bound by anything executed under any of these hands. Moreover, I/We agree and undertake
to indemnify IIFL HFL and keep IIFL HFL be indemnified against any loss, claim and damages,
resultant on account of mismatch of Date of Birth, if any.

10. BELOW SECTION IS APPLICABLE, IN CASE IF THE BORROWER/APPLICANT IS ILLITERATE,


INCAPABLE OF WRITING OR BLIND)
IIFL HOME FINANCE LTD.

I/We do hereby confirm that during appraisal of Loan application and/or execution of the Loan
Agreement or/and other transaction Documents, the terms and conditions mentioned therein are read
over to me/us and explained in my/our vernacular language by the officer of IIFL HFL in the presence
of my relative and/or other Borrower, who further explained and read over the terms and conditions of
Loan Agreement and other transaction documents in detail to me/us in the language I/we understand
to my/our satisfaction and accordingly, I/we have affixed my/our thumb impression (left hand/right
hand).

11. BELOW SECTION IS APPLICABLE, IF THE BORROWER(S) HAS/HAVE SIGNED AND FILLED THE
LOAN AGREEMENT WITH TWO DIFFERENT INKS.

a) I/We refer to the aforesaid Loan Agreement; If the Loan Agreement is signed and filled with
different inks
b) I/We all are aware about all the terms and conditions which are mentioned in Said Loan
Agreement.
c) I/We hereby agree and accept any monetary loss or harm which may be suffered or caused to be
suffered to IIFL HFL on account of usage of different inks in the Loan Agreement or any
misrepresentation or on account of claim by any third party.

12. BELOW SECTION IS APPLICABLE, IF THE BORROWER(S) IS/ARE AVAILING LOAN UNDER
RURAL HOUSING INTEREST SUBSIDY SCHEME (RHISS): CONFIRMATION FOR RURAL
HOUSING INTEREST SUBSIDY SCHEME(RHISS) (NO OTHER SUBSIDY AVAILED).

a) I/We or my/our household (family member) /have not availed any assistance provided by the
Government of India under any ho using scheme including this Rural Housing Interest Subsidy
Scheme(RHISS).
b) That our family member/s name/s does/do not appear/ figure on the permanent waitlist for
PMAY-G.
c) That I/We have read and aware about the RHISS scheme and our household fulfills coverage
criteria defined in Chapter II of RHISS guidelines.
d) That we have no objection to geo referencing of existing dwelling/vacant site Awaas App/ any
other application developed in this regard by Ministry of Rural Development (MoRD),
Government of India.
e) That I/We have read and understood the RHISS Scheme Guidelines and are in compliance with
all the eligibility provision stipulated in the Scheme Guidelines.
f) That I/We have read and understood the RHISS Scheme Guidelines and am/are aware that in
case of event of default in repayment of the Loan amount, as per the Loan Documents, the
Subsidy amount (as availed) shall be recalled and the same shall also be due and payable
together with the Loan amount, in terms of the Loan Documents. The quantum of the subsidy
amount and reversal of the same (in case of event of default), shall be calculated as per the
guidelines of above-said scheme, issued by such authorities from time to time.
g) That I hereby give the consent to use my Aadhaar number for running de-duplication services
between PMAY-G, RHISS or any other housing schemes deemed relevant.

13. BELOW SECTION IS APPLICABLE, IF ONE OF THE BORROWER IS/ARE KARTA &
COPARCENERS OF HUF

a) I/We am/are the Karta/the adult Co-Parceners of above mentioned Hindu Undivided Family
(“HUF”) do hereby declare and confirm the following:
b) That above named is the Karta and the list of coparceners/members of the above mentioned
HUF is submitted in Annexure A. We, Karta and the undersigned Co-Parceners, do hereby
further declare that we are the only members of aforesaid Joint Hindu Undivided Family.
IIFL HOME FINANCE LTD.

c) Authorise the Karta (named above) of our family to invest in the name of HUF and to sign all
forms and documents for and on behalf of HUF.
d) We undertake to inform you in case of any change in the constitution of HUF by any reason
including due to any addition of members or on account death of any members of HUF.

14. BELOW SECTION IS APPLICABLE, IF THE BORROWER(S) IS/ARE AVAILING LOAN FOR
BALANCE TRANSFER (BT).

a) I/We declare that I/We have availed mortgage/ home loan facility against the Property, as
described in Sanction Letter (as upto date), which will include any variations and amendments (if
any) before execution of Loan Documents including Loan Agreement executed/to be executed
with IIFL HFL, and the documents (originals/true copies) pertaining to the Said Property in my
possession were handed over to the <<Mortgagee BT Bank/Financial Institution>> (hereinafter
referred to as the “said Mortgagee Bank/Financial Institution”)as are inter-alia mentioned in
Annexure hereto.
b) I/We further declare that the Said Property is/are owned by me/us.
c) I/We further declare that I/We have entered into/Shall enter the Loan Agreement with IIFL HFL
for grant of the Said Loan which is being granted to me/ us on the terms and conditions set out in
the said Loan Agreement in respect of the Said Property.
d) I am/We are aware that to obtain Said Loan, I/We have to comply with various formalities
including but not limited to creation of such security in the form and manner as stipulated by IIFL
HFL in relation to the Said Property financed by IIFL HFL and accordingly requisite action has
been initiated by me/us in this behalf.
e) I am/We are aware that I/We have been granted the loan to be disbursed vide two or more/
multiple cheques/Demand Drafts where in one would be in the name of the Said Mortgagee
Bank/Financial Institution with whom my/our present loan is continuing and I/We wish to close.
I/We are further aware that the other cheque(s)/Demand Draft(s) would be handed over to me/us
after release and deposit of the Title Documents of the mortgaged Property from the said
Mortgagee Bank/Financial Institution.
f) That pending compliance of requisite formalities as stipulated inter-alia in the said Loan
Agreement, IIFL HFL has at our request, agreed to make disbursements out of the Loan Amount,
as described in Sanction Letter (as upto date), which will include any variations and amendments
(if any) before execution of Loan Documents including Loan Agreement executed/to be executed
with IIFL HFL, subject, inter alia, to the following:
i. I/We hereby undertake to comply with all requisite formalities (as more particularly specified
in this Undertaking) within a period of 30 days from the date hereof, to create security in
such form and in such manner as may be stipulated and required by IIFL HFL in that behalf.
ii. I/We hereby agree and undertake to furnish or have furnished Guarantee/s from person(s)
in a form and manner acceptable to IIFL HFL.
iii. I/We do hereby undertake to pay the interest on the total Loan Amount from the date of
disbursal of the Loan i.e. the date on which the cheque is prepared for deposit with the said
Mortgagee Bank/ Financial Institution, irrespective of the fact that the other cheque
(s)/demand draft(s) issued in/for me/our name/favour but to be handed over to me/us only
after deposit of the original title documents which is/are in custody of the said Mortgagee
Bank/Financial Institution.
g) That in consideration of the above premises, I/We hereby agree(s), undertake(s) and confirm to
IIFL HFL that:
i. I/We are the sole/only owners of the Said Property.
ii. I/We have taken the Loan against or for purchase of the Said Property from the said
Mortgagee Bank/Financial Institution.
iii. I/We hereby declare and undertake that the above is/are the only loan/s taken by me/us
against the Said Property.
IIFL HOME FINANCE LTD.

iv. I/We hereby declare that apart from the aforesaid charge(s) in favour of said Mortgagee
Bank/Financial Institution no other charge and/or mortgage and/or encumbrance
whatsoever, exists on the Said Property in favour of any other person and/or bank/institution
etc. and that exclusive first charge over the Property(ies) shall be created in favour of IIFL
HFL to secure repayment of Loan being sanctioned to me/us by IIFL HFL
v. I/We hereby declare that I/We hereby declare that apart from the aforesaid charge(s), no
other charge and/or mortgage and/or encumbrance etc. exists on the Said Property in
favour of any other person and/or institution etc., and that exclusive first charge on the Said
Property shall be created in favour of IIFL HFL.
vi. I/We hereby declare that I/We shall not create any pari-passu charge and/or mortgage
and/or second charge and/or mortgage and/or charge and/or encumbrance on the financed
properties and/or Said Property in favour of any person or bank/Financial institution etc.
whosoever.
vii. I/We hereby declare that within a period of 30 days from the date hereof or such extended
time as may be agreed to by IIFL HFL, I/We shall comply with all the following in relation to
creation of effective security in relation to/over the Said Property financed, in favour of IIFL
HFL
viii I/We hereby declare that I/We shall procure and furnish to IIFL HFL all documents and
papers in original along with photocopies as may be required by IIFL HFL and as inter-alia
listed in the Annexure hereto in connection with release of existing mortgages and charges
created by me/us in favour of the said Mortgagee Bank/Financial Institution under the terms
of loan agreement (s) (hereinafter referred to as “earlier loan agreement”) entered into
between me/us and the said Mortgagee Bank/Financial Institution.
ix. I/We hereby declare that I/We shall procure and furnish to IIFL HFL the certificates/letters
required by IIFL HFL including but not limited to “no dues” letter and “mortgage release”
letter from the said Mortgagee Bank/Financial Institution in respect of the earlier loan
agreement(s) as aforesaid.
x. I/We hereby declare that I/We shall ensure that the name of the said Mortgagee
Bank/Financial Institution in all the relevant records of local/state authority and municipality/
builder /Society/ Development Authority or any other department or authority, where ever it
is required either mandatory or optional, is substituted by the name of IIFL HFL as lender to
me/us.
xi. I/We hereby declare that I/We shall procure and furnish to you all permissions and/or
approvals and/or consents and/or clearances and/or documents as may be required and/or
necessary including the ones listed in the Annexure hereto, from the
builder/Society/Development Authority in relation to the Said Property financed by IIFL HFL.
xii. I/We hereby declare that I/We hereby agree and confirm that in case of failure to avail the
disbursed loan amount for any reason, what so ever, I/We shall not claim refund of any
processing fees already paid towards the disbursal of the Said Loan from IIFL HFL.
xiii. I/We hereby declare that I/We hereby agree and confirm that I/We shall not approach the
said Mortgagee Bank/Financial Institution to my/our own for collection of the Original title
documents. I/We further declare and agree that if it is required to be present personally
before the said Mortgagee Bank/Financial Institution by me/us then I/We will inform IIFL
HFL in advance and will accompany IIFL HFL representative, for which I/We have already
executed the authority letter and Power of attorney in favour of IIFL HFL representative, to
extend all assistance as may be required by IIFL HFL for procurement of Original title
Deeds deposited with the said Mortgagee Bank/ Financial Institution and any
documents/information relating to the earlier loan agreements and in respect of the Said
Property, kept as security.
xiv. I/We hereby declare that I/We hereby agree and confirm that I/We shall provide all
assistance as may be required by IIFL HFL for procurement of any documents/information
relating to the earlier loan agreements/ Said Property.
IIFL HOME FINANCE LTD.

h) That in the event of failure to comply with the provisions mentioned hereinabove of this
Undertaking, in addition to such legal remedies as are available to IIFL HFL. I/We shall if IIFL
HFL may so deem fit to charge, pay an “Additional Interest” in terms of the loan agreement
against the Said Loan, from the date of the disbursement till the date of compliance by me/us of
such provisions.

15. BELOW SECTION IS APPLICABLE, IN THE BORROWER(S) IS/ARE AVAILING FOR LOAN
AGAINST PROPERTY (LAP): END USE LETTER

a) I/We hereby agree and confirm that the Said Loan is taken for the purpose of - Business/
Working Capital.
b) I/We hereby represent, warrant and confirm that the aforesaid purpose is valid purpose and is
not speculative or illegal in any manner.
c) I/We further agree, confirm and undertake that the purpose of use of funds under the Said Loan
shall not be changed in any manner during the tenor of the Loan; or that such change in purpose
shall take place only with the prior written permission of IIFL HFL.

16. BELOW SECTION IS APPLICABLE, IF THE BORROWER(S) IS AVAILING/HAS AVAILED


RESIDENTIAL PLOT PURCHASE/REFINANCE LOAN.

a) I/We understand that the Said Loan is further regulated by local laws, approving authority,
state/district development authority, building by laws and circulars of other authorities, wherein
necessary construction on dwelling unit has to be done within 36 (Thirty-six) months from the
date of first disbursement of the loan amount.
b) I/We understand that in cases where purchase/refinance loan facility has to be followed by the
construction loan on the said plot then IIFL HFL will disburse the loan amount in tranches
wherein the first disbursal will be for purchase/refinance of the residential plot and subsequent
disbursals will be linked with stage of construction upon the said plot/property.
c) I/We do hereby agree, confirm and undertake to commence construction of the house/ residential
unit, on the said property, within 12 (Twelve) months from the month of first disbursal of the Said
loan and shall complete the construction within 36 (Thirty-six) months from month of first
disbursal of the Said loan.
d) I/We am/are aware that IIFL HFL has right to inspect and assess stage of construction over the
said property. IIFL HFL has further rights to withhold the future disbursals, if any, and down size
or recall the loan amount, in case there is failure to start the construction within twelve months
and/or unexplained delay in completion of the construction and/or construction over the said
property is not as per applicable.
e) That I/We am/are aware that in the event of failure to commence construction within a period of
twelve months and/or completion of construction within 36 (Thirty-six) months from the month of
first disbursal, IIFL HFL will be at liberty to classify the Said loan as Non – Home Loan and reset
the applicable rate of interest as per the prevalent rate of interest for non-home loan and in
accordance with the risk adjusted.

17. Below section is applicable, if the Borrower(s) is/are availing / has/have availed loan under Samman
Product: Confirmation for the purpose of Property Identification.

a) I/We have represented to IIFL HFL that I/We have purchased/ purchasing the above said
property vide an Agreement to Sale as mentioned above.
b) I/We are aware that the property is identified with its Khasra number and there is no standard
municipal number allotted, therefore, I/We shall provide with the following documents towards
identification of the Said Property:
i. Photograph of the property
IIFL HOME FINANCE LTD.

ii. Route Map/Plan: sketch of location from the main road.


c) I/We further represent to IIFL HFL that this route plan has been prepared exactly in accordance
with on the spot verification, for identification of the property.
d) I/We further represent to IIFL HFL that I/We are purchasing/ have purchased, the Said Property,
which is shown in the said photographs.
e) I/We have represented to the IIFL HFL that he has submitted the original title documents of the
Said Property wherein it has been observed that boundaries of the Said Property reflecting in
Title Documents vis-à- vis the Site boundaries may be mentioned correctly /may not be
mentioned correctly.
f) I/We have further represented to IIFL HFL that if there is any mistake in writing the site
boundaries of the Sale Deed, it should be construed to be an inadvertent clerical error. He/they
is/are the absolute owner(s) and in possession of the Said Property and he/they will be having
clear and marketable rights with him/them only.
g) I/We have further represented to IIFL HFL that although the legal heirs are not confirmed in terms
of judicial process, there is mutation/ documentation of the property in the name of legal heirs
and title of the Property is clear, marketable and free from all kind of encumbrances. It is further
represented by myself / us that there is no claim pending or notice received against the said
property and the documents available with him in copies are true and correct, and are as per the
Original Documents being seen and verified by myself / us. The original documents are also true
and correct.
h) I/We have further represented to IIFL HFL that at the time of purchase of the Said Property the
Previous Title Documents of the Owners was duly verified and ascertained that title of the
Property is clear, marketable and free from all kind of encumbrances.
i) I/We will be/ is the absolute owner(s) of the Said property, upon execution of the Sale Deed, and
having clear and marketable rights with him/them only. I/We further undertake that no third party
rights will be created in any manner, whatsoever, including by sell, transfer, alienation, lease etc.
without making repayment of the loan amount and other charges as defined in the loan
agreement.
j) I/We have further assured and represented that title of the Property is clear, marketable and free
from all kind of encumbrances. There is no litigation and/or claim of any concerned and/or
interested/third party.

18. BELOW SECTION IS APPLICABLE, IF REGISTERED TITLE DEED/POSSESSION LETTER IS


LOST, MISPLACED, MUTILATED OR LAMINATED, ETC.

a) I/We have represented to IIFL HFL that the chain of registered title deed and/or possession letter
has/have misplaced/lost/ Mutilated/laminated document etc. I/We declare and confirm that
represent that the registered title deed/possession letter has/have not been used/misused by
me/us for any purpose including but not limited to the sale or transfer of the Said Property,
further, I/We have agreed to keep IIFL HFL indemnified against any loss, harm or injury which
may be caused to IIFL HFL on account of the non-submission or submission of registered title
deed/possession letter in mutilated or laminated condition.
b) I/We undertakes to submit the said document to IIFL HFL in case registered title
deed/possession letter are made available or are traced by me/us.
c) I/We, hereby undertakes to indemnify and keep indemnified IIFL HFL and each of their
respective directors, officers and employees (the “Indemnified Parties”), and to hold Indemnified
Parties harmless from and against any and all claims, damages, losses, liabilities, penalties and
expenses (including all fees and charges of internal or external counsel with whom Indemnified
Parties may consult and all expenses of litigation and preparation therefor) which Indemnified
Parties may incur: on account of breach of any of the terms of this Undertaking furnished hereto,
or, which may be asserted against Indemnified Party by any person, entity or governmental
authority.
IIFL HOME FINANCE LTD.

d) I/We, are aware that the above stated contents are true and correct to my knowledge and
nothing material has been concealed therefrom. It is on the faith of my/our aforesaid
undertakings that IIFL HFL has agreed to disburse the Said Loan.

19. Below section is applicable, where documents to be deposited after disbursal of Loan facility towards
creation of Mortgage in favour of IIFL HFL.

a) I/We confirm and declare that I/We have executed/ shall execute the Loan Agreement and other
loan/transaction documents as well as have deposited/ shall deposit all necessary document,
including but not limited to the title documents of the security offered. Thus the Said Loan is
being granted to me/ us on the terms and conditions set out in the Said Loan Agreement in
respect of the said property.
b) I/We do hereby understand that one of the sanction conditions of the loan facility that I/We, the
owners of the Said Property shall have to execute the Mortgage Deed / Deed of deposit of title
deeds and got it registered with the Sub Registrar concerned in favour of IIFL HFL, which are not
possible at the time of disbursal of the Loan Amount, hence marked as Post Disbursal Document
and shall be completed and deposited with IIFL HFL, on priority.
c) I/We do hereby undertake, agree and confirm that the Mortgage Deed / Deed of deposit of title
deeds is still due and pending to be deposited with IIFL HFL. I/We shall provide all assistance as
may be required by IIFL HFL for execution, registration and deposit of the Mortgage Deed / Deed
of deposit of title deeds, to complete the documentation to the satisfaction of IIFL HFL.
d) I/We are aware that any breach or default in complying with the aforesaid undertaking will
constitute an event of default under the Said Loan Agreement.
e) I am / We are aware that it is on the faith of our aforesaid undertakings that IIFL HFL has agreed
to disburse the Said Loan.

20. BELOW SECTION IS APPLICABLE, IN CASE PROPERTY IS/BEING DEVELOPED OR


CONSTRUCTED UNDER EXTENDED MUNICIPAL CORPORATION LIMIT, LAL DORA (URBAN
VILLAGES), ABADI ILLAKA, RED TAPE PROPERTY AND MULTIPLE DWELLING UNITS (MDU).

I/We have represented to IIFL HFL that the said property is part of extended Municipal Corporation
limit, Lal Dora (Urban villages), Abadi Illaka, Red Tape Property and multiple units constructed on a
residential plot of the colony/builder/authority concerned. The construction is being done as per
building bye laws/ approved sanction building plan with certain deviation, if any, for which approval
from the concerned authority is still due to be obtained. It is further represented that construction of
the property is being done as per prescribed building bye laws. The apparent deviation / extra
coverage, if any, in the property is compoundable and could be rectified with approval of the authority
concerned. We do hereby undertake and confirm to get the error, if any, corrected / rectified and keep
IIFL HFL indemnified from loss or damages, if any, caused due to this declaration and undertaking.

21. Below section is applicable, if the Said Property of the Borrower(s) is comes under Regularized
Colonies.

a) I/We have represented to IIFL HFL that the said property is part of a regularized colony of Delhi /
New Delhi / any other such location with multiple units constructed on a residential plot of the
colony by a builder. The construction is being done as per local building bye-laws and practices/
approved sanction building plan with certain deviation, if any, for which approval from the
concerned authority is still due to be obtained. It is further represented that construction of the
property is being done as per prescribed building bye-laws and there is no violation of the
building bye-laws, BIS norms, building construction standards, etc. The apparent deviation / extra
coverage, if any, in the property is compoundable and can be rectified with approval of the
authority concerned. We do hereby undertake and confirm to get the error, if any, corrected /
rectified and keep IIFL HFL indemnified from loss or damages, if any, caused due to this
declaration.
IIFL HOME FINANCE LTD.

b) I/We have further represented to IIFL HFL that the proposed above said property is free from, all
and any kind of encumbrances such as property tax, Electricity Charges, Lien/ Charge/
Mortgage. This property has clear legal and marketable title and its title is free from any sort of
defect and any pending dues of any statutory authority. Necessary due diligence, title search has
already been done by us i.e. the Borrower & Property Owner and I/We am/are satisfied with the
title and construction of the said property. No demolition order has ever been passed by the any
authority against any part of the said property. I/We do hereby undertake to comply with the
provisions of building bylaws and construction norms of local authority and shall repay the loan
amount in terms of the loan agreement and shall indemnify IIFL HFL, if any part of construction is
found extra and/or illegal in the Said Property.
c) I/We hereby undertakes to indemnify and keep indemnified under any circumstances against any
monetary loss, harm or injury due to defect in title or due to unauthorized construction/extra
coverage/deviation from the Sanctioned Building plan during construction, which may be suffered
or caused to be suffered to IIFL HFL of the Second Part on account of this representation or any
misrepresentation in connection of the Said Property.
d) I/We further undertakes that in case of any claim or challenge over the legal title and that of
construction of the property, the same would be defended and rectified by the by myself / us at
my / our own end and my / our own cost.
e) I/We hereby declare that the particulars given herein are true, correct and complete to the best of
my knowledge and belief, the KYC and other documents that are submitted by myself/ourselves
with IIFL HFL at the time of processing of loan application are genuine and valid.
f) I/We agree and confirm that any breach or default in complying with any or all of the aforesaid
undertakings will constitute an event of default under the loan agreement.
g) I/We hereby confirm and agree that wherever any clause and/or sub clause in isolation or
together with any other clause and/or sub clause contained herein is not applicable to the
transaction either in whole or in part shall be deemed to be severed and that will not affect or
undermine the validity of the remainder part of this document.

22. DECLARATION CUM INTENT TO USE ELECTRONIC SIGNATURE / DIGITAL SIGNATURE.

a) I/We understand that I am/we are not only agreeing to the foregoing document(s) but certifying
that I/We have put my physical/wet signature or e-signature/digital signature on the
document/instrument for availing of Loan Facility out of my free will and, and that I have
executed the Loan Documents with my free and voluntary act for the purposes therein expressed
and that each of the individuals, in the presence of the witnesses or was at the time eighteen or
more years of age, of sound mind and under no constraint or undue influence. Any willful
falsification of any information contained herein is grounds for initiation of legal action against
me/us in accordance of law.
b) /We understand and affirm that this declaration cum declaration is admissible under Section 65-B
Of Evidence Act or any other corresponding provision or law i. or the time being in force.
c) I/We affirm that my e signature/digital signature has been affixed/scanned on the Loan
Documents as mentioned under the schedule, by myself / us and during that relevant period the
computer/device/system used for affixation of my i. e-signature / digital signature was in the
lawful control of me.
d) I/We do hereby state and confirm that the contents and nature of the Loan Agreement and all
other loan documents have been read over, translated and explained by officer of IIFL HFL,
which further have been read over and explained to me/us my/our relative in detail in both
English language and in vernacular language to my/our satisfaction and the same have been
understood by me/us.
e) I/We do hereby understand and confirm that the terms of Loan facility are in English language
version and Vernacular version is a translation of English version. In case of any discrepancy or
inconsistency or dispute with respect to the interpretation of the terms of Loan Agreement, the
meaning derived from English version shall prevail over the meaning derived from the vernacular
language version.
IIFL HOME FINANCE LTD.

f) I/We understand that this document shall be read as part and parcel of the Loan Agreement
and/or transaction documents physically entered by me/us in relation to aforesaid Loan facility.
g) I/We, the Borrower(s), solemnly declare that my use of the electronic signature/digital signature
was not done for any illegal or fraudulent purposes. Further, affirm that the contents of the
foregoing document are true to best of my knowledge, information, and belief.
h) I/We the Borrower(s) hereby declare that I/We have read (and/or being read over and explained),
verified, understood and irrevocably agreed the terms and conditions of this document by signing
this Letter cum declaration physically or/and electronically (through accessing the link and/or vide
OTP confirmation, Electronic and Digital Signatures, Aadhaar authentication and such other and
further means as it was available and me/us by using my/our registered E-mail ID and the mobile
number.

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