APPLICATION FOR PERMISSION TO MORTGAGE
AN ALLOTTED SITE OR BUILDING, AND FOR
THE PRIOR CONSENT IN WRITING OF THE ALLOTTING AUTHORITY
Date: __________
Sir / Madam,
- 10. WHAT THE PERMISSION IS ASKED TO STATE. The applicant requests that the permission, when granted, set out:
(a) the full description of the said property, its file or property identification number, and the share permitted to be mortgaged;
(b) the name of the lender in whose favour the mortgage is permitted, and the amount of the loan;
(c) the purpose of the loan, in the words in which the office accepts it;
(d) the form of the security permitted, and whether a registered deed is required;
(e) the head and the amount of any sum the office holds to be payable before or on the grant of the permission, and the date by which it is to be paid;
(f) the period for which the permission is valid and the date on which it lapses if the mortgage is not created; and
(g) the conditions, if any, subject to which it is granted.
A permission that names no period of validity is of little use to a lender whose disbursement is weeks away, and the applicant respectfully asks that the period be printed on it.
- 11. UNDERTAKINGS BY THE APPLICANT. The applicant undertakes:
(a) to use the loan for the purpose stated in paragraph 4 above and for no other purpose;
(b) to pay, within thirty days of the grant of the permission or within such shorter period as the office fixes, every amount found due to the office on the said property, whether or not it is shown in this application;
(c) to abide by every condition imposed in the permission and by the terms and conditions of the letter of allotment and of the lease deed or conveyance deed, as the case may be;
(d) that the mortgage will be created only in favour of the lender named in paragraph 4 above, only to the extent of the share stated in paragraph 2 above, and only in the form permitted;
(e) to obtain the statutory completion or occupation certificate of the said property if it has not already been obtained, and to remove any building violation or misuse and to pay the charges levied for it;
(f) to execute and register the redemption deed or reconveyance in respect of the said property when the loan is repaid, and to have the redemption recorded on the file of the said property;
(g) that the grant of the permission will not be pleaded as a waiver of any amount found due for a period ending on or before the date of the permission, or as regularisation of any violation or misuse; and
(h) to indemnify the office and its officers against any loss caused to them by the grant of the permission or by a statement in this application that turns out to be untrue, and to defend at the applicant's own cost any litigation arising from it.
- 12. THE TIME LIMIT, AND WHAT TO DO IF IT IS MISSED. The grant of permission to mortgage is a notified public service, and the period notified for it runs only from the submission of a COMPLETE application, which is why the enclosures listed at paragraph 15 matter more than anything else on this form. The applicant requests a dated acknowledgement bearing the diary number, because an appeal for delay cannot be filed on a date that cannot be proved. Everything in this paragraph is about DELAY; a refusal is answered by the ladder set out in paragraph 9 above.
VERIFICATION
I verify that the contents of paragraphs 1 to 15 of this application, and of the annexures to it, are true to my knowledge and belief, that nothing material has been concealed, and that no part of it is false. I understand that if any information given here is wrong I am liable to criminal prosecution and that the permission, if granted on it, is liable to be withdrawn.
Dated: __________
ANNEXURE A
CONSENT OF THE LENDER, TO BE TYPED ON THE LETTERHEAD OF THE BANK
OR FINANCIAL INSTITUTION AND SIGNED UNDER ITS SEAL
TO WHOMSOEVER IT MAY CONCERN
We confirm that we are advancing the loan on our own appraisal and at our own risk; that we will make no claim of any kind against the allotting authority if the applicant fails to repay the loan or any instalment of it; that the first charge on the said property shall remain with the allotting authority for its own dues; and that our security is subject to the conditions of allotment of the said property and to the conditions of the permission granted on this application.
We further confirm that on repayment of the loan in full we will issue a no objection certificate and will join in or execute the redemption deed or reconveyance, and will inform the allotting authority so that the redemption is recorded on the file of the said property.
Place: ______________________
Date: ______________________