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assignment based on mortgage deed, Assignments of Property Law

assignment based on mortgage deed

Typology: Assignments

2023/2024

Uploaded on 02/23/2025

avik-karmakar
avik-karmakar 🇮🇳

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KES’ SHRI. JAYANTILAL H. PATEL LAW COLLEGE, MUMBAI
MORTGAGE DEED FOR MORTGAGE OF IMMOVABLE PROPERTY IN FAVOUR
OF BANK WITH DEPOSIT OF TITLE DEEDS FOR LOAN OF RS. 1.5 CRORES
TRANSFER OF PROPERTY ACT
A PROJECT SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR
THE SEVENTH SEMESTER OF B.A-LL. B COURSE
BY
AVIK KARMAKAR
ROLL NO-31
FOURTH-YEAR BA.LLB
DIVISION - B
UNDER THE SUPERVISION OF
PROF. DR. VIRAL DAVE
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KES’ SHRI. JAYANTILAL H. PATEL LAW COLLEGE, MUMBAI

MORTGAGE DEED FOR MORTGAGE OF IMMOVABLE PROPERTY IN FAVOUR

OF BANK WITH DEPOSIT OF TITLE DEEDS FOR LOAN OF RS. 1.5 CRORES

TRANSFER OF PROPERTY ACT

A PROJECT SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR

THE SEVENTH SEMESTER OF B.A-LL. B COURSE

BY

AVIK KARMAKAR

ROLL NO-

FOURTH-YEAR BA.LLB

DIVISION - B

UNDER THE SUPERVISION OF

PROF. DR. VIRAL DAVE

DECLARATION:

THE WORK PRESENTED IN THIS ASSIGNMENT HAS BEEN CONDUCTED BY ME UNDER THE

GUIDANCE OF PROF. DR.VIRAL DAVE OF KES’ SHRI. JAYANTILAL H. PATEL LAW

COLLEGE. THE OBSERVATIONS, ANALYSES, AND INTERPRETATIONS MADE IN THIS STUDY AS

WELL AS THE CONCLUSIONS ARRIVED AT AND INCLUDED IN THE ASSIGNMENT/PROJECT ARE

ENTIRELY MY OWN. THE WORK REPORTED IN THIS IS ORIGINAL, AND TO THE BEST OF MY

KNOWLEDGE, HAS NOT BEEN SUBMITTED IN PART/FULL FOR ANY OTHER DIPLOMA OR DEGREE

OF KES’ SHRI. JAYANTILAL H. PATEL LAW COLLEGE, OR ANY OTHER UNIVERSITY OR

INSTITUTE.

SIGNATURE OF THE STUDENT SIGNATURE OF PROFESSOR

planning scheme no. V of Vile Parle (E), C.T.S. NO.1891, Village- Vile Parle (E), Taluka- Andheri, Suburban District Mumbai and known as Shanti Vijay Co-operative Hsg. Society Ltd. for redevelopment of the said both project. The first party has introduced that he is the managing partner of the partnership firm i.e. M/s Swagat Housing Finance Limited and he has also inform that there are two other partners i.e. MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA and along with him but they are unable to provide the finance in respect of the said both property and unable to redevelop the said property. The first party along with their partner have fix up the meeting between themselves and therefore the first party and his two partner MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA have agree to transfer all their right title and interest in respect of the said property and allow the first party to complete the redevelopment of the said property. Therefore all the partner have executed partnership dated 03.07.2019 and thereby first party along with his two partner MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA have agree that the second party shall be entitled of 70% share in respect of the said property and 30% shall be remain with the first party on the terms and condition more particularly stated therein:- Therefore the second party has invested of Rs.68,00,000/- in respect of the both property in the knowledge and consent of the first party along with his two partner MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA and the first party have also acknowledge the same. The second party has also paid rent to the members, Property taxes, Water bill etc. The certain dispute has been arise between the first party and his two partner MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA and therefore they have decided to appoint any other builder / developer for redevelopment of the said property adms 967.6 sq. meter ground + 3 upper floor lying situated at Original Plot No. 392, Final Plot No.477 of town planning scheme no. V of Vile Parle (E), C.T.S. No.1891, Village- Vile Parle (E), Taluka- Andheri, Suburban District Mumbai and known as Shanti Vijay Co-operative Hsg. Society Ltd. The first party hereby decided and executed affidavit Cum Indemnity bond and Released Deed and thereby confirm that to pay of Rs,1,50,000,00/- by cash / cheque against the said investment by the second party in respect of the said property. The first party hereby mortgage his own flat and thereby admitted / undertake that the first party shall be repay the said amount of Rs.1,50,000,00/- to the

second party within 6 months from the date of execution of this Mortgage Deed and therefore the first party hereby receive and acknowledged the said amount. The first party hereby submit that if first party shall fail to repay the said loan amount within stipulated period mention hereinabove. The first party shall be pay of Rs.1,50,000/- per month till the refund of the said amount to the second party and / or any person through them without fail. The first party hereby further submit that the first party shall not be create any third party right and / or execute any mortgage deed and / or document in favour of the any third party till the refund of the said amount. AND WHEREAS the both parties hereby agree for the same and therefore executed the relevant documents and mortgage deed on the following terms and conditions mentioned herein- NOW THIS DEED WITHNESSETH AS FOLLOWS :

  1. That the Mortgagee /Second party has paid / invested the amount of Rs.68,00,000/- in respect of the property i.e. i) Plot No.238, adms about 503.20 sq. meter bearing C.T.S. NO. 550, Village-Pahadi, Taluka – Borivali, Suburban District, Mumbai consisting ground + 3 upper floor lying and situated at Jawahar Nagar, Goregaon (W), Mumbai-062 and (ii) Adms. 967. sq. meter ground + 3 upper floor lying situated at Original Plot No. 392, Final Plot No.477 of town planning scheme no. V of Vile Parle (E), C.T.S. NO.1891, Village- Vile Parle (E), Taluka- Andheri, Suburban District Mumbai and known as Shanti Vijay Co-operative Hsg. Society Ltd in the year 2019 and the first party hereby admit and acknowledge the same. The first party hereby undertake to pay of Rs.1,50,000,00/- (Rupees One Crore Only) by cash / cheque within 6 months from the date of execution of this mortgage deed and therefore the first party hereby issue the receipt and acknowledge the said amount of Rs.1,50,000,00/- and issue the receipt thereof.
  2. The Mortgagor / First party hereby agree to repay the said amount of Rs.1,50,000,00/- within 6 month from date of execution of this mortgage deed. The first party hereby undertake that if the first party shall failed to repay the said amount, the first party hereby undertake to pay of Rs.1,50,000/- per month being a compensation in respect of the said amount till the refund the entire loan amount to the second party. The first party hereby further undertake that the first party shall not be allow to any third party / developer to start the construction of the said

recover the entire loan amount along monthly royalty and further expenses / loss and damage which may be cause to the second party, which is liable to pay by first party herein.

  1. It is further agreed between the parties that the Second party shall be pay the balance amount which may be excess amount from the loan amount after auction completed in respect of the said Flat.
  2. It is also agreed between the parties that if the First party have failed to repay the said amount and /or the breach of the terms and conditions mentioned herein above, the Second party shall have liberty to take over the possession of the said Flat by them selves and /or any person through him, till the repayment of the said loan amount. The First party and /or and /or any legal representative and /or any person through him shall not be object/ obstruct / interferes for the possession and the business in any manner whatsoever.
  3. The First party and /or any person through her hereby indemnify for all the loss and damage which may be caused to the Second party in any manner whatsoever in respect of the said mortgage Flat which is detail mentioned in the schedule herein. The Second party shall have liberty to recover the said loss and damage by themselves according with law.
  4. The First party hereby undertake that they shall not be create any third party right in respect of the said Flat in favour of the second party in any manner whatsoever in respect of the said Flat without the written consent of the second party. The first party hereby further undertake that he shall not be entered into any partnership deed / leave and license agreement with any third party in any manner whatsoever without the written consent in writing from the second party.
  5. It is also agreed between the parties that if the First party has breach any breach of the terms and conditions mentioned herein above, the Second party shall have liberty to take over possession of the Flat along with the property and also take the necessary action against the First party and / or any person through them according with law. IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands on the day and the year first hereinabove written. SIGNED AND DELIVERED by the )

Within named “Mortgagor “ ) MR. HASMUKH F. THORIA ) In the presence of………. ) SIGNED AND DELIVERED by the ) Within named “Mortgagee” ) MR. MUKESH N. SAVLA ) MR. HEMANT SHANTILAL SHAH ) MR. NEMICHAND LAXMICHAND DEDHIA ) In the presence of………. ) R E C E I P T I say received of Rs.1,50,000,00/- (Rupees One Crore Fifty Lakhs Only by cash / cheque in respect of the Flat No.23, Kamla Bhavan No.1, Sahara Road, Andheri (E), Mumbai-400 069, more particularly mention hereinabove. I say Received of Rs.1,50,000,00/- (Mr. Hashmukh F. Thoria) Mortgagor / First party Witness

PROMISSORY NOTE On demand I, MR. HASHMUKH F. THORIA aged 60 years Indian Inhabitant residing at Flat No.23, Kamla Bhavan No.1, Sahara Road, Andheri (E), Mumbai-400 069 for himself and on behalf of two partner MR. GHANSHYAM P. PARMAR and MR. JAGDISH G. KAWA do hereby jointly and severally promise to repay of Rs.1,50,000,00/- (Rupees One Crore fifty lakhs Only) by cash / cheque to MR. MUKESH N. SAVLA, MR. HEMANT