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AFFIDAVIT CUM DECLARATION
To,
Axis Finance Ltd.
Delhi
I aged about ..... years occupation ........ residing
at : ................................................................, do hereby Solemnly affirm and declare and say
as follows:-
(1) I say that I am seized and possessed of or otherwise well and sufficiently entitled to
the immovable property, more particularly described in the Schedule-II hereunder
written, together with all buildings and structures thereon, both present and future
(hereinafter referred to as the "said immovable property").
(2) I say that the said immovable properties are at present not mortgaged or charged to
any one.
(3) I further say that the said immovable property both present and future are now
proposed to be mortgaged and charged to AXIS FINANCE LTD to secure the
financial facility.
(4) I further say that the title of the said property is clear and marketable and free from all
encumbrances.
The AXIS FINANCE LTD is hereinafter referred to as the "The Bank"
(5) I say that the Provisions of the Urban Land (Ceiling & Regulation) Act, 1976 are not
applicable to the said property or I say that I have obtained necessary permission
from the Competent Authority for mortgaging the said immovable property.
(6) The said property is constructed as the permission and Plant approved by Local
Municipal Corporation. The said construction is not un-authorised or illegal. I have
not covered balconies or windows of the said property.
(7) I say that the said immovable property is free from all encumbrances or charges
(statutory or otherwise) claims and demands and that the same or any of them or any
part thereof are/is not subject to any lien/lispendens, attachments or any other
process issued by any Court or Authority and that I have not created any Trust in
respect thereof and that the said immovable property is in my exclusive uninterrupted
and undisputed possession and enjoyment since the date of purchase/acquisition
thereof and no adverse claims have been made against me in respect of the said
immovable property or any of them or any part thereof and the same are not affected
by any notices of acquisition or requisition, and that no proceedings are pending or
initiated against me under the Income Tax Act, 1961, Public Debts/Money Recovery
Act, or under any other law in force in India for the time being and that no notice has
been received or served on me under Rules 2,16, 21 and 51 of the Second Schedule to
the Income Tax Act, 1961 and/or under any other law and there is no pending
attachment whatsoever issued or initiated against the said immovable properties or
any of them or any part thereof.
(8) I say I have duly paid all rents, royalties and all public demands including Income
Tax, Corporation Tax and all other taxes and revenue payable to the Government of
India or to the Government of any state or to any local authority and that at present
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there are no arrears of such dues, rents, royalties, taxes and revenue dues and
outstanding and that no attachments or warrants have been served on me of Income
Tax, Government Revenues and other taxes.
(9) I also agree and undertake to give such declarations, undertakings and other writings
as may be required by the Bank or their solicitors and satisfactorily comply with all
other requirements and requisition submitted by or on behalf of the Bank.
(10) I say that whenever requires to the bank, I shall obtain the requisite consent from the
Income Tax Authorities pursuant to the provisions contained in Section 281 of the
Income Tax Act, 1961 for the alienation of my property in favour of the Bank.
(11) I assure, agree and declare that the security to be created in favour of the Bank shall
ensure in respect of my immovable property, both present and future and that the
documents of title, evidences, deeds and writing in relation to the said immovable
property which are to be deposited with the Bank for creating a mortgage by deposit
of title deeds in their favour are the only documents of title relating to the said
immovable property. I further declare and say that I do not any time deposited any of
the title deeds relating to the said property with any person or persons whomever as
and by way of security, equitable mortgagee by deposit of title deeds, charge lien or
trust or in any manner whatsoever as and that the said property is free from all
encumbrances, claims and demands. No claim has ever been made against me or
against the said property on the ground of any deposit of all or any of the title deeds,
documents or writing or any one or more of them as security or on any other ground
whatsoever.
(12) I hereby agree and undertake that I will within a period of three months from the date
hereof or such extended date as may be permitted by The Bank in writing,
(a) perfectly assure the title to the properties comprised in the mortgage security
and to comply with all requirements, that may be made from time to time by
or on behalf of the Bank in that behalf.
(b) give such declarations, undertaking and other writings as may be required by
the Bank and satisfactorily comply with all other requirements and
requisitions submitted by or on behalf of the Bank.
(c) pay all rents, taxes, cesses, fees, revenues, assessments, duties and other
outgoing and pay other amounts due in respect of the said immovable
properties and shall observe and perform all the rules and regulations
pertaining to the same and will not do or omit to do or suffer to be done any
thing whereby the mortgaged security as proposed to be created in favour of
the Bank be affected or prejudiced in any manner whatsoever.
(13) I further undertake that no mortgage, charge, lien or other encumbrances whatsoever
will be created on the property comprised in the mortgage security save and except
with the permission of the Bank.
(14) I am not aware of any act, deeds, matters or things or circumstance which prevents
me from charging/further charging in favour of the Bank the said immovable
property.
(15) And I make the aforesaid declaration solemnly and sincerely believing the same to be
true and knowing full well that on the faith thereof the Bank have agreed to complete
then said transaction of mortgage by deposit of title deeds in respect of the said
immovable property as aforesaid.
(16) I hereby declare that
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Has been lost from our custody. We hereby agree and undertake that whenever the
said documents will be traced, the same will handed over to the Bank immediately. If
any loss is occurred by the Bank, We will be fully responsible for all costs and
consequences
DESCRIPTION OF THE PROPERTY
IN WITNESS WHEREOF WE HAVE SET AND SUBSCRIBED OUR HANDS ON THIS
DAY OF 20
SIGNED SEALED & DELIVERED ]
BY THE WITHIN NAMED : ] Thumb Impression
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