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Seller BT Annexure of Madhvi Bhabhor 2

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0% found this document useful (0 votes)
175 views15 pages

Seller BT Annexure of Madhvi Bhabhor 2

D-5

Uploaded by

Sunny Patel
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
You are on page 1/ 15

SELLER'S BANK

LETTER OF INTIMATION EPOM SILER TO

-1
Date: 07/11/2023

To,
SBI Bank,
Vadodara,

Sub: Home Loan Account No: 39658753481


Property Address: F-402, AASHRAY RESIDENCY. NIZAMPURA,VADODARA

Sir/Madam,

I We, MEHULKUMAR THAKORBHAIPRAJAPATI &KAJALBEN BIPINBHAI PRAJAPATI


[name of the Seller/'s] had availed a loan of Rs. from your good offices against the above
mentioned property by executing a loan agreement dated and was accordingly assigned
the above-mentioned Loan A/c. Number ("Loan'"). The current balance outstanding principal in the
Loan Account as on the date of this letter is Rs. 16,49,968/- ("Outstanding Balance").

Consequent to the said Loan, all original documents of title in mylour favor pertaining to the
abovementioned Property are in your custody (list of documents attached herewith).

Through this Letter of Intimation, I'we hereby inform you that I am / we are selling the
abovementioned property to Mrs, BHABHOR MADHVIBEN ALBATBHAI (Purchaser) who
is availing a loan from HDFC Bank Ltd. ("HDFC") to pay the consideration for the
abovementioned property. I /We hereby inform you that I/We shall repay my/ our loan liability in
full out of the said sale proceeds.

Upon the receipt of full and final repayment of the said Loan, the mortgage shall stand duly
redeemed as per applicable law and you shall cease to have any charge/encumbrance/claim on the
said Property or proceeds thereof in any manner whatsoever. You are further requested and
authorized by me/us in terms hereof to kindly release all original documents of title in my/our
BANK
LETTER OF
INTIMATION FROM SELLER TO SELLER'S

favor pertaining tothe (attached hercwith),


the list of documents
to HDFC Bank abovementioncd Property as to that cffect within [time period] days
dircctly and also
per
to issuc a formal
NOC
from the date of sale of the discharged and the
your loan has been duly
propcrty, stating that by me/us to
consequent charge on the Property ccases to exist. You are requestedland authorized
also undertake all further procedural formalities to remove your charge/cncumbrancu
property as may be required.

by me/the purchaser/HDFC Bank, as


siate tnat, on payment of theOutstanding Balance retain custody of
the case may, be you shall have no further rights, contractual or otherwise, to

ne title documents or bave any


charoelencumbrance on the property. Till such time the titie
of custody of the title documents by
documents stand released by vou to HDRO Bank. retention
shall only be in a fiduciary capacity as custodian for and behalf of HDFC Bank, and HDFC
you of transfer
operative in full force and effect from the date
Bank´'s harge on the property shall be
of the property by me/us in favor of the Purchaser.
of the lien
of the title documents of the property by HDFC Bank or non-issuance
Non-receipt bonafide title of the
manner whatsoever, affect the
Clearance letter by you shall not in any
property so purchased.
purchaser and the interest off HDFC Bank in the
of the contents
requested to kindly acknowledge the receipt of this letter as acceptance
You are
hereof.

Thanking You,

BORROWER

16042,
CC: Roa
(1) Purchaser]
08/1)) '2s
(2) HDFC Bank]

custody of Bank/FI Duly Acknowledged by


Encl: List of Documents in the
Vendor's Bank
-2

Additional suggestions for ATS to be executed between the buyer and seller:
1
crst Party shall scll all of his richts title and interest in or to the property NO. and
de becOnd party shall Durchase the same for a consideration of Rs. (Rupees
Only).
2. That the Second Party has paid a sum of R. ...only)
.(Rupees
through DD/Cheque No. .dated ..drawn on

in favour of Sh. as an Earnest Money to the First Party, (the


receipt of which sum the First party hercby acknowledge) and the balance amount of
consideration i.e. Rs .(Rupees
Only) will be paid at time of execution of Sale Deed in favour of Second
Party.

3 That the Second Party shall pay a sum of Rs. 16,49,968 towards the Balance amount payable
to the SBÊ.Bank towards closure of the Loan liability of the First Party and this payment
shall be part of total sale consideration and the same shall be deducted from the balance

consideration payable by Second Party to First Party (if any).

4, That the Second Party is taking loan from HDFC BANK Ltd. to pay the consideration which
include the payment to l649.968/- Bank as aforementioned. The First Party has agreed to
sign, execute all the documents necessary for sale of the said property and present the same
for registration before the concerned Sub Registrar, in favour of the Second Party before
handing over of Cheque by HDFC BANK in favour of SBI Bank. The First Party further
undertakes to the Second Party that it shall be the sole responsibility of the First Party to
ensure that alltitle documents relating to the Property, currently in the custody of .. Bank,
shallbe duly released by the First Party from the ...Bank and handed over to the Second
Party.
The First Party also assures and undertakes that there are no further encumbrances/charges/
claims of any nature whatsoever on the said property.
5.
That the First Party
declare and undertakethat he has
Propcrty t0 any one nor
oWncr of the same.
agrecd to transfer the sameneither transferrcd his rights in the said
to any onc so far
and he is absolute
BORROWER/s TO VENDOR/S

-3
To, Date:07/1 1/2023
MEHULKUMAR THAKORBHAIPRAIADATT &KAIALBEN
BIPINBHAIPRAJAPAI
F402, AASHRAY RESIDENCY,
NIZAMPURA,VADODARA
SuD: Creation of security interest in favour of HDE Bank Limited (HDFC BANK) on F-402
AASHRAY RESDENCY,
NIZAMPURA,VADODARA(Property)
Dear Sir/Ma' am,
This is in reference to the captioned subject matter.
In furtherance to your Letter of Intimation dated (enclosed herewith as Annexure A), and the
subsequent Agreement to sell/ Sale Deed/Sub-Lease Deed dated... (Document of Title") executed by
yourselfyourselves in my/our favor, your loan of Rs. from .... Bank/FI has been repaid in full

through the sale proceeds and accordingly the said Property was transferred absolutely and exclusively in
my/our favour free of all encumbrances, charges or claims thereon.
As you are aware, Iwe have subsequently created encumbrance on the said Property in favor of HDFC
BANK, pursuant to the Loan Agreement dated ..... ("Loan Agreement'") for the loan availed by meus
from HDFC BANK, towards financing the purchase of the said Property. Accordingly, the said Property
in the said
now starnds solely and exclusively encumbered in favor of HDFC BANK and security interest
Property has been duly created by melus in favor of HDFC BANK.

Your attention is drawn to the terms of your Agreement to Sell dated vide which you are required
stand duly transferred by
to ensure that the physical custody of your previous documents of title shall
my/our favour.
your Bank/FI to HDFC BANK, upon execution of the Sale Deed/Sub-Lease Deed in
loan (details as
In furtherance thereof, you are requested to kindly apprise your Bank/FI that as your
is duly
mentioned in your letter of intimation) stands discharged and the mortgage on the said Property
enclosed herewith as
redeemed through repayment of the said loan in full, the documents of title (as
released to the duly authorized
Annexure B) as available in the custody of your Bank/FI be arranged and
said Property, along
representative of HDFC BANK, HDFC BANK being the sole charge holder on the
and interest on the said
with a forwarding letter to that effect stating that your Banks'/FI's charge
intimation to me/us.
Property has been released pursuant to closure of your loan, under
BORROWER/s To VENDOR/S
Till such timc, you arc
rcqucstcd to inform your Bank/FI that the retention of custody of the previous
documents of titlc by your Bank/FI shall only be in the linited capacity of a custodian for and on behalf
O HDFC BANK bercft of any interest whotennuor in ho documents of titlc and/ or Propey
custody shal be solely for the beneft of HDFC BANK in whose favour I/We have duly crcated security
lnterest In the said Property. As such the previous mortgage / charges/ claims in the rTOpoy
inopcrative and infructuous.
I We have purchased the Propcrty on the faith of vour representations and relying on the contents Of the
Letter of Intimation and the subsequent Agreenent to Sell.

Accordingly, you are hereby requested to fulfil your obligations forthwith without any delay, and arrange
to complete the procedural formalities on an immediate basis including release of previous documents of
title from your Bank/FI, forwarding letter from your Bank/FI, and arranging for updation of non
encumbrance in corresponding records, such as CERSAI, ROC, sub-registrar offices, etc. as may be
applicable.
You are requested to kindly acknowledge the receipt of this letter as acceptance of the contents hereof.

Thanking You,

Borrower

CC: (1) Seller's Bank/FI: For your immediate action and updation.

(2) HDFC BANK

Encl: a/a

Acknowledged by the Vendor


HDFC TO VENDOR/s

-4
To, Date: 07/11/2023

MEHULKOMAR THAKORBHAI PRAIAPATL &KAIALBEN BIPINBHAI PRAJAPAI


F_402, AASHRAY RESIDENCY NIZAMPURA,
VADODARAJ
Sub: Intimation of transfer of title in favor of (Borrower) and subsequent security interest in
favour of HDFC BANK Limited (HDFC BANK") on F-402. AASHRAY
RESIDENCY NIZAMPURA.VADODARA (Property")

Dear SirMa'am,
This is in reference to the captioned subject matter.
In frtherance to the same and your Letter of Intimation dated .... (attached herewith), you are already
aware that the Borrower has availed a loan from HDFC BANK for financing the purchase of the said

Property.
We have been given to understand that your loan of Rs. from .... Bank/FI has been repaid in full
name of the Borrower,
prior to the sale of the Property and the said Property was transferred in the
encumbrances and
through Sale Deed/Sub-Lease Deed dated ..... (Document of Title"), free of all
charges thereon.
Property now stands solely
Pursuant to the Loan availed by the Borrower from HDFC BANK, the said
interest in the said
and exclusively encumbered in favor of HDFC BANK and consequent security
HDFC BANK.
Property has been duly created by the Borrower in favor of

Your attention is drawn to the terms of your Agreement to Sell dated .. , vide which you are required
shall stand duly transferred by
to ensure that the physical custody of your previous documents of title
Deed/Sub-Lease Deed in favor of the
your Bank/FI to HDFC BANK, upon execution of the Sale
in a manner such
Borrower. In furtherance thereof, you are requested to kindly have the same arranged
same from your Bank/FI at the
that a duly authorized representative of HIDFC BANK may collect the
earliest.

retention of custody of the previous


Till such time, you are requested to keep your Bank/FI informed that
on behalf of and for the
documents of title by your Bank/FI is solely in the capacity of custodian, for and
HDFCTO VENDOR/s

benciit of HDFC BANK, considering that your contractual obligations for loan repayment against which
he Property was provided as sccurity, has ceased to exist in the following manner (as contained in the
Document of Title):
Linsert details of Payment of loan amount)

HDFC BANK has financed the purchase of the Property on the faith of your representations and rely1ng
on the contents of the Letter of Intimation and the subsequent Agreement to Sell. Accordingly, you are
hereby requested to fulfil your obligations to the Borrower forthwith without any delay, and impress upon
your Bank/FI to complete the procedural formalities on an immediate basis including release of previous
documents of title (list attached herewith) and arranging for the factum of their non-encumbrance
reflected in corresponding records. such as CERSAI, ROC, sub-registrar offices, etc. as may be
applicable.
acceptance of the contents hereof.
You are requested to kindly acknowledge the receipt of this letter as

Thanking You,

Name of the Authorised Representative/BM]

CC:

(1) Borrower
(2)

Encl: List of Documents from the Seller's Bank/FI

Duly Acknowledged by the Vendor


HDFC TO VENDOR'S BANKIFI

-4(b)
To,
SBI BANK

Sub: Intimation oftransfer of title in favor of......Buyer)and subsequent securib nterest


in favour of HDEC BANK Limited (HDFC BANK") on F-402. AASHRAY

RESIDENCY,NIZAMPURA,VADODARA.("Property")

Sir/Madam,

This bears reference to the letter dated. .Issued by (Vendor) to your Bank/Institution (copy
cnclosed herewith as Annexure -A) (Letter of Intimation").

Rs16.49,968/- from your good offices against the


As you are aware that the Vendor had availed a loan of
and accordingly, was assigned loan
above mentioned property by executing a loan agreement dated ....
Intimation.
account number as has been quoted in the Letter of

sell/Sale Deed/Sub-Lease Deed dated


In furtherance to the Letter of Intimation, an Agreement to
Buyer and the said loan
(Document of Title'") has been executed by the Vendor in favor of the
manner.
has been repaid in full through the sale proceeds in the following

[payment details- chequesldraft details as may be applicable.)

and completely to the


Subsequently, the title to the Property stood transferred and devolved absolutely
right, title or interest in the
Buyer free of all encumbrances /charges/claims and the Vendor has no further
said Property.

As you are aware, the Buyer has subsequently created encumbrance on the said Property in our
favour, pursuant to the Loan Agreement dated ...... ("Loan Agreement") for the loan availed by
HDFC TO VENDOR'S BANKIFI

the Buyer from HDFCBANK, towards fnancing the nurchase of the said Property. Accordingly,
WiLn tnereceipt and acceptance of the full and fnal renavment of your loan (through the sale proceeds of
he Propcrty) by the Vendor, your loan stands discharged, and simultancously, the mortgage on the satd
Property duly stands redeemed. Consequently. the said Property now stands solely and exclusively
encumbered in favor of HDFC BANK and security interest in the said Property duly stanas
created in favor of HDFC BANK for the loan availed by the Buyer.

We have been inforned that all the previous documents of title pertaining to the abovementioned
Property (enclosed herewith as Annexure-B) continue to remain in your custody, and are being held for
and on behalf of and for the benefit of HDFC BANK.

Accordingly, by virtue of the above facts, it is understood as under:


a) That you have no further security interest in the Property;
stands released on the full and final
b) That the security interest created in your favour by the Vendor
repayment of the loan as availed by the Vendor from you;

previous documents of title pertaining to the said


c) That you shall be releasing and handing over all
representative of HDFC BANK, HDFC
Property as available in your custody to the duly authorized
with a forwarding letter to that effect
BANK being the sole charge holder on the said Property, along
been released pursuant to closure of the
stating that your charge and interest on the said Property has
said Loan

document of title shall be construed as valid delivery


d) That the act of your handing over the previous shall
BANK under valid authorization and the same
to the authorized representative of HDFC
documents to the Buyer. A copy of the
discharge you of the obligations (if any) of returning the title
as Annexure -C.
letter authorizing the authorized representative is enclosed
have the factual position of non-encumbrance
e) That you shall undertake all procedural formalities to
sub-registrar offices, etc. as may be
reflected in corresponding records, such as CERSAI, ROC,
applicable.

letter as acceptance of the contents hereof.


Youare requested to kindly acknowledge the receipt of this

Thanking You,
HDFC TO VENDOR'SBANKOFI
Name of the Authorised
For HDFC Bank Ltd.
Reprcsentative/BM)
Duly Acknowledged by Bank / Can be sent by
Registered A.D.
CC:

() vendor- For necessary authorization if any, as may be required to undertake necessary


actions

(2) Buyer/ HDFCBANKs Borrower- for immediate applicable compliance

(3)
Encl: a/a
-5

AFFIDAVIT
Amdavit of BHABHOR MADHVIBEN
ALBATBHAL, R/o
QUATER-680A,RAILWAY
QUATER,NAVAYARD.VADODARA
I, the above-named Deponent, do hereby solemnly affirm and declare as under
1. That Tagreed to sell, transfer and convey my rights, title,
interest and liens
in the property F402, AASHRAY RESIDENCY
NIZAMPURA,VADODARA
(hereinafter referred to as 'the said Property') alongwith fittings &fixtures
and easements attached thereto, in the land thereunder, unto Mr.

2. That | had taken loan from SBIagainst the said property and Rs
is being paid to by Mr MEHULKUMAR
THAKORBHAI PRAJAPATI &KAJALBEN BIPINBHAI PRAJAPATI as part of the
consideration of the said Property and that there are no other
encumbrances/charges of any nature whatsoever on the said Property.
Further that the said loan availed by me is not under any recovery action
whatsoever that may imperil the property transfer in any manner
whatsoever.

3 That I am aware that Mrs BHABHOR MADHVIBEN ALBATBHAI 0s taking


loan from HDFC BANK Ltd. to pay the consideration which include the
payment to ........ as aforementioned.

4. That I hereby undertake that I shall procure the itle documents in


possession of (as per the list provided) within .. days of
deposition of the cheque of the loan liability with and shall also

hand over such documents to Mr. or his representative.


DEPONENT

VERIFICATION

that the contents of the


Verified at ["], on this the day of
has
above Affidavit are true to my knowledge and belief. Nothing material
been concealed or suppressed there from.

DEPONENT
-6
INDEMNITY BOND/UNDERTAKING
This Indemnity Bond executed On this the day of
20 by Mrs. BHABHOR MADHVIBEN ALBATBHAI Resident
of QUATER-680A, RAILWAY QUATER.NAVAYARD,VADODARA, (hereinafter
referred to as the "Executor") which term shall include his heirs, successors, executors,
administrators and legal assigns, in favour of HDFC BANK Limited (hereinafter
referred to as "HDFC BANK Ltd.") which term shall include his heirs, succeSsors,
executors, administrators and legal assigns.
Loan
WHEREAS the Executor wishes to avail ofa Loan from HDFC BANK Ltd. vide
Account No. 701594397, for the Property bearing No .F-402, AASHRAY
RESIDENCY,NIZAMPURA,VADODARA, (hereinafter referred to as "the Property");

had availed of a loan from


AND WHEREAS The Executor is aware that the seller
loan.
bank and the property is mortgaged as security against the said
BANK Ltd. to issue a cheque out
AND WHEREAS the Executor has requested HDFC
of the Loan of the Executor, in favour of
Bank to clear the seller's loan liability. The
time to close the seller's loan, release
Executor is aware that SBIBank will take some
letter.
property documents and issue Loan clearing
agreed to disburse the loan as requested by
AND WHEREAS HDFC BANK Ltd. has Executor
and Indemnity promised by the
the executor on assurance, undertaking
hereunder:
Ltd.'s
that in consideration of HDFC BANK
NOW THIS DEED IS WITNESSETH
bank on an understanding that the liability/
disbursing the loan amount to the under the Loan Agreement dated
obligation of the Executor to pay dispute
of any issue/
is absolute, unconditional and independent
Bank (including but not limited to non
between the Executor and the Seller or seller's
or seller's Bank), and further that the
performance or deficient performance by Seller HDFC BANK as per the terms and
to
Executor hereby undertakes to repay the Loan
conditions of the Loan Agreement.
release of documents from ..... Bank or in
That in the event of any undue delay in the Bank or in case of undue
dispute whatsoever with the Seller or
the event of any
executor or any breach of contract with
delay in the transfer of property in favour ofcircumstances whatsoever, the Executor
Seller for whatever reason or in any such immediately and HDFC BANK Ltd. shall
hereby undertakes to repay his loan liability entire loan of Executor and claim the
Off the
have every right and authority to call
entire outstanding amount from him.
times
the Executor agrees and undertakes to indemnify HDFC BANK Ltd. at all
That
remote consequence of and / or arising out of
for all / any loss that may be a direct or
or seller's Bank subsequent to HDFC
any dispute between the Executor and the Seller bank at the request and under the
BANK Ltd,'s disbursing the loan amount to the
Executor.
written instruction of the
2

That the
ExccutLId.
11DFC BANK or further agrees that the
shall be final, quantum of loss as
In
witness whercof the conclusive binding in allascerrespect
and taincdonandthenotified by
Indemnity bond on this dayExXCCut
of or
has signcd and Executot
del i
of 20vercd this
Undertaking cum

Witnesses: EXECUTOR
1.

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