List of Property Documents to Be Submitted
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TAMIL NADU A registered Power of Attorney to develop, sell and 6) Undertaking from owner of land or Registered POA by mortgage the property in favour of the builder. owner of land (Draft 1 attached). List of property documents to be submitted 5) Encumbrance certificate (Khatha certificate if C) The Customer is putting up / constructing a THIS IS AN INDICATIVE LIST AND THE USERS ARE applicable) house or putting up additional area on his plot of ADVISED TO CONSULT LAWYERS BEFORE FINALISING land PROPERTY DOCUMENTS TO BE SUBMITTED. FORMATS OF For 15 years for privately held property. DOCUMENTS ARE SUBJECT TO CHANGES BASED ON 1) Chennai Metropolitan Development Authority (CMDA) For 33 years for Government held property. REQUIREMENTS; PLEASE ALSO INSERT DETAILS IN THE Approved / Sanctioned plan along with planning DRAFTS AS PER FACTUAL POSITION. IN CASE THE 6) ULC clearance. permit / licence given by CMDA. It must have a validity PROPERTY IS IN THE POSSESSION / BELONGS TO A / expiry clause. PERSON OTHER THAN THE BORROWER, PLEASE READ 7) Property Tax Receipt - on completion of the project. “BORROWER” AS SUCH THIRD PARTY IN THIS LIST The plan must be stamped and approved by the 8) Patta - if applicable. CMDA and the local authority. The local authority in Chennai is Madras City Municipal Corporation 9) Legal opinion - title certificate of the builder (from his (MCMC) and outside Chennai is the concerned List of the property documents to be submitted own advocate). ICICI BANK reserves the right to municipal corporation or panchayat. by the borrowers : obtain a title certificate from it’s own advocates. 2) Stamped and Registered Sale Deed (title 10) Revenue records (as applicable) - PROPERTY DOCUMENTS deed/conveyance deed) in favour of the borrower. land revenue payment receipts A) Project / Land Documents 3) Parent documents linking the earlier chain of chitta ] transactions. 1) Chennai Metropolitan Development Authority (CMDA) Approved / Sanctioned plan along with a planning adangal extract ] Mutation entries 4) Patta, if applicable. permit / licence given by CMDA. It must have a validity / expiry clause. B) Individual documents for the purchase of flat 5) Encumbrance certificate for last 15 years till the date from a developer in a project which is under of submission of documents. The Plan must be stamped and approved by CMDA construction and the local authority. The local authority in Chennai D) The Customer is buying a flat on a resale basis is Madras City Municipal Corporation (MCMC) and 1) All Project documents as stated in A above. (second sale) from an individual outside Chennai is the concerned municipal corporation or panchayat. 2) Original stamped and Registered Sale Deed for the 1) Original agreement for sale signed with the seller. undivided share of land in borrower’s favour. 2) Stamped and Registered Sale Deed (title deed / 2) Original receipts for the payments made to the seller conveyance deed) in favour of land owner. In case of 3) Original agreement for / of sale of land and original till date. You are required to spend your own an outright sale to the builder, it will be in favour of the construction agreement. [Both are to be made on Rs. contribution i.e. the agreement value less ICICI builder. 10/- stamp paper each]. BANK’s financial assistance before ICICI BANK can disburse the financial assistance amount in part or full. 3) Parent title deeds / partition documents / family 4) Original receipts for the payments made to the arrangement document or Will if any. developer till date. You are required to spend your 3) All original documents of the flat in favour of the seller. own contribution i.e. the agreement value less a ICICI 4) If development rights are given to the builder an BANK’s financial assistance before ICICI BANK can Original title deed in favour of the seller. agreement (joint venture / builder / development) in disburse the financial assistance amount in part or in favour of the builder on Rs. 10/- stamp paper. full. Original Agreement for the construction executed by the seller with his developer. + 5) Updated encumbrance certificate for 15 years.
Copy of the approved plan of the construction. 1
050506-V.1 4) Copies of receipt of the property tax paid by the seller G) The Customer is buying a unit (flat or house) on a executed will be forwarded to ICICI BANK / its security till date OR a copy of the property tax card. resale basis (second sale) from an individual who trustee directly. is the original allottee by the Housing Board / 5) Copies of all parent documents of the property on 6) Copy of lease cum agreement issued by the Statutory which the project is developed with Encumbrance Slum Clearance Board / Statutory Authority Authority. certificates for last 15 years and a copy of the legal 1) Original agreement for sale signed with the seller. opinion of the project. 7) Transfer / handing over certificate issued by the Statutory Authority. 2) Original receipts for the payments made to the seller E) The Customer is buying a house on a resale till date. You are required to spend your own And any other legal document required by ICICI Bank or its basis (second sale) from an individual contribution i.e. the agreement value less ICICI approved lawyers in order to certify a clear and marketable BANK’s financial assistance before ICICI BANK can title. 1) Original agreement for sale signed with the seller disburse the financial assistance amount in part or full.
2) Original receipts for the payments made to the seller 3) Encumbrance certificate from the date of allotment by till date. You are required to spend your own the Statutory Authority till the date of financial contribution i.e. the agreement value less ICICI assistance application. BANK’s financial assistance before ICICI BANK can disburse the financial assistance amount in part or full. 4) Original Sale Deed in favour of the seller executed by the Statutory Authority. Draft 1 3) Encumbrance certificate for the last 15 years till the LETTER TO BE OBTAINED FROM THE BUILDER ON HIS 5) Copies of receipts of property tax paid by the seller till date of submission of documents. LETTERHEAD date OR a copy of the property tax card. 4) All original parent documents of the seller as reflected in the Encumbrance Certificate. H) The Customer is constructing a house on a plot of land allotted by the Housing Board / Slum Date : 5) Copies of receipts of property tax paid by the seller till Clearance Board / Statutory Authority date OR a copy of the property tax card. To, 1) Original Allotment letter issued by the Statutory ICICI Bank Limited (ICICI Bank) F) The Customer is buying a unit (flat or house) Authority. (Address) allotted by the Housing Board / Slum Clearance Board / Statutory Authority 2) Original receipts for the payments made to the Statutory Authority till date. You are required to spend 1) Original Allotment letter issued by the Statutory your own contribution i.e. the agreement value less a Sub : Letter of Undertaking Authority. ICICI BANK’s financial assistance before ICICI BANK can disburse the financial assistance amount in part Dear Sir / Madam, 2) Original Own Contribution Receipts for payments or in full. made to the Statutory Authority. 3) The absolute Sale Deed executed by the housing 1) This is to confirm that we have agreed to sell ______board or the statutory authority in favour of the holder 3) No Objection letter from the Statutory Authority (in the if the sale deed is already executed. ______of undivided share of land and construct a flat format of the Statutory authority) for mortgaging the no ______floor, measuring ______property to ICICI BANK / its security trustee. 4) No objection letter from the Statutory Authority (in the ______in the complex called ______to format of the statutory authority) for mortgaging the 4) Letter from Statutory Authority (in the format of the property to ICICI BANK / its security trustee. Mr./Mrs. ______for a Statutory authority) stating that the Sale Deed once total sale consideration of Rs. ______(Rupees executed will be forwarded to ICICI BANK. 5) Letter to Statutory Authority (in the format of the ______statutory authority) stating that the sale deed once ______only) under an Agreement for Sale
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050506-V.1 dated______the land cost being Rs. ______and Mr. / Mrs. ______s/o (d/o) Mr. ______aged _____, residing, the construction cost being Rs. ______at ______, Chennai, which shall bind my / our legal heirs, executors and 2. We confirm that we have obtained necessary permission / administrators, legal representatives, successors and assigns do approvals / sanctions for the construction of the said hereby agree to indemnify ICICI BANK ______complex from all the concerned Authorities and the ______or its security trustee construction of the building complex as well as of the flat / Whereas ICICI Bank has disbursed a financial assistance amount apartment is and will be in accordance with approved plan of Rs. ______towards the purchase / construction and conforms to the Floor Space Index (FSI) norm fixed by ot the ______vide their letter the Authorities. We have not made any sub-division in the dated ______and we hereby confirm having plan after the plan has been approved by the concerned received the said financial assistance amount for the purpose Authorities. stated therein;
Whereas a Sale Deed dated ______[document no.] was 3. We assure you that the flat / apartment as well as the said executed at the Sub Registrar’s Office at ______building and the land appurtenant there to are NOT subject ______, with respect to the to any encumbrance, charge or liability of any kind undivided share of land pertaining to the property situate whatsoever and the entire property has a clear and at______, marketable title. We hereby undertake to sell and register Chennai in my/our name and the Sale Deed is released after registration by the Registrar at ______with undivided shares of the land to the purchasers of flats the condition that a sum of Rs. ______being the proportionately and assure that we will neither sell over and difference on the Stamp Duty will be treated as First Charge in above the total extent of the land nor leave any undivided favour of the Government of Tamil Nadu provided the Supreme shares of land unsold out of total extent of the land. Court passes an offer in the said Appeal / Suit/ Petition for Registration of Sale Deed for undivided share of land forming part 4. We have ‘No Objection’ to ICICI Bank disbursing financial of flats; assistance to the above buyer(s) and we agree to complete the registration process of the undivided share of the land in Whereas as and when an order is passed by the Supreme Court the name of buyer(s), if not already registered in the name in the said Appeal / Suit / Petition in favour of the Government of of buyer(s) before ______months from the date Tamil Nadu to collect the difference in the Stamp Duty in appearing on the top of this letter. Registration of Sale Deed for undivided share of land, I/We agree of bear and pay the difference in the Stamp Duty ; 5. We also intend to inform and give proper notice to the co- operative housing society about the flat / apartment being NOW this Indemnity Bond follows, so financed by you, if and when formed. 1) I/We hereby undertake to pay the additional stamp duty if INDEMNITY BOND required to be paid as per the Order of the Supreme Court Yours faithfully, (To be obtained if a first charge over the property exists in favour of the Tamil Nadu Government) in the Appeal / Suit / Petition filed by the Government of Tamil Nadu without binding ICICI BANK in whatsoever THIS DEED OF INDEMNITY EXECUTED AT MADRAS ON THIS ______DAY OF ______BY : manner. Name seal & Signature of the Builder
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050506-V.1 2) I/We further agree to indemnify ICICI BANK / its security trustee against any loss or damage, immaterial of the fact whether any loss or damage was actually suffered or not, the fullest extent arising out of my / our non-payment or discharge of the First Charge to the Government of Tamil Nadu on the Sale Deed dated______[document no. ______] which is submitted to ICICI BANK.
3) I/We hereby confirm that there is no other charge or claim in any manner from any party on the property under Sale Deed dated ______other than the First Charge to the Government of Tamil Nadu which awaits disposal before the Supreme Court.
4) I/We hereby state that this Indemnity Bond is irrevocable and shall be binding on the our legal heirs, executors and administrators, legal representatives, successors and assigns until the discharge / payment of the First Charge to the Government of Tamil Nadu on the Sale Deed dated ______as per the Order of the Supreme Court or the repayment of the financial assistance amount to ICICI BANK whichever is earlier.
In witness whereof we leave our signatures in the presence of witnesses at Chennai on this ______Day of ______, ______.
Witnesses :
1)
2)
Signature :
Full Name : Address :
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