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DECCAN GRAMEENA BANK

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<strong>DECCAN</strong> <strong>GRAMEENA</strong> <strong>BANK</strong><br />

(Sponsored by State Bank of Hyderabad)<br />

Head Office :<br />

9-27/1, First Floor, Lalitha Nagar,<br />

Dilsukhnagar, Hyderabad-500 060.<br />

Tel: Off : 040-24066651, 24150621<br />

Fax : 040-24065129.<br />

Sl.No.<br />

Cir.No.ADV/ 78 /2006-2007 Date : 02-02-2007<br />

ALL BRANCHES / ADMINISTRATIVE OFFICES<br />

PERSONAL SEGMENT ADVANCES –<br />

COMPREHENSIVE GUIDELINES ON HOUSING LOAN TO PUBLIC<br />

* * *<br />

We herewith enclose comprehensive guidelines on Housing Loan Scheme for<br />

information of the branches. The scheme has been made market competitive and customer<br />

friendly, in respect of interest rates, quantum of finance, eligible number of NMI as per the<br />

age group etc. Comprehensive guidelines of the scheme are furnished in Annexure-I. The<br />

DOs & DON’Ts as per Annexure-II, the instructions to be followed while obtaining post<br />

dated cheques as per Annexure-III and RBI instructions on implementation of Delhi High<br />

Court orders on Housing loans as per Annexure IV are also enclosed, with instructions to go<br />

through the contents carefully and follow the same.<br />

The comprehensive guidelines detailed in Annexure-I supercede all the earlier<br />

instructions issued on the subject.<br />

Please bring the contents of the circular to the notice of all the members of staff<br />

working at the branch / administrative offices for their information and compliance.<br />

Crl. ADV-79 1


Enclosure to ADV/ /2006-07. Dated …………. 2007.<br />

LIST OF ANNEXURES<br />

DOCUMENTS TO BE OBTAINED (FOR HOUSING LOAN SCHEME)<br />

1) Application for housing loan : Annexure - A<br />

2) Statement giving all the information / papers /<br />

documents for Availment of loan. : Annexure - B<br />

3) Valuation report of the property : Annexure - C<br />

4) Branch Manager’s Certificate : Annexure – C-1<br />

5) Letter of authority to be obtained from the<br />

employee applicant : Annexure - D<br />

6) Letter of under taking form the pay<br />

disbursing authority. : Annexure - E<br />

7) Letter of under taking where the employee<br />

himself is the disbursing authority. : Annexure – E-1<br />

8) No objection / confirmation letter from<br />

the builder / vendor : Annexure - F<br />

9) Credit / Opinion report : Annexure - G<br />

10) Housing Loan appraisal form : Annexure - H<br />

11) Arrangement letter : Annexure - I<br />

12) Preliminary agreement in case of purchase<br />

of flat / house from promoters /vendors : Annexure - J<br />

13) Memorandum of Term Loan agreement : Annexure - K<br />

14) Mortgage Deed : Annexure - L<br />

15) Letter of guarantee for housing loan : Annexure - M<br />

16) Letter from non-corporate borrowers (s)<br />

confirming the deposit of title deed(s) : Annexure - N<br />

17) Letter from non-corporate borrowers (s)<br />

confirming the deposit of title deeds for extension<br />

of the existing mortgage : Annexure - O<br />

18) Certificate of inspection (for outright purchase<br />

of house / apartment/ flat) : Annexure - P<br />

19) Certificate of periodical inspection<br />

(construction of house / flat) : Annexure -Q<br />

20) Authorization letter to receive the sale deed : Annexure - R<br />

21) Letter of pledge : Annexure - S<br />

22) Housing loan agreement. : Annexure – T<br />

23) under taking from applicant where a housing<br />

loan is granted for purchase of plot of land<br />

Annexure- U<br />

Crl. ADV-79 2


HOUSING LOAN SCHEME – COMPREHENSIVE GUIDELINES<br />

DIRECT HOUSING FINANCE TO INDIVIDUALS<br />

1. PURPOSE :<br />

i) To purchase a new flat / house or construct a house.<br />

ii)<br />

iii)<br />

iv)<br />

2. ELIGIBILITY :<br />

To purchase plot of land and construction of house (both) thereon.<br />

To purchase an existing (old) house / flat or extension of existing house.<br />

To repair or renovate an existing house / flat.<br />

i) (For all purposes mentioned from i to iv)<br />

ii)<br />

iii)<br />

ANNEXURE - I<br />

Individual(s) over 21 years of age with gainful occupation including persons<br />

engaged in agriculture / allied or any other economic activity with a steady source<br />

of income. However, they should not be more than 65 years of age.<br />

To purchase plot of land and construction of house (both) thereon. Borrowers<br />

who are willing to take up the construction of house within 6 months from the date<br />

of release of loan meant for purchase of plot and complete the construction work<br />

within 2 years from the date of sanction of loan. An undertaking to that effect<br />

must be obtained from the applicant.<br />

In case the applicant fails to comply with the above stipulation / under taking<br />

submitted; interest at commercial rate as applicable to “Clean Loans” will be<br />

charged on the outstandings from the date of availment of the loan; till the amount<br />

is fully repaid.<br />

To purchase an existing (old) house / flat or extension of existing house. The<br />

house / flat proposed to be purchased must be less than 15 years old.<br />

Age of the building shall be certified by an approved valuer and can also be verified from the<br />

date of permission for construction given by competent authority.<br />

iv)<br />

To repair or renovate an existing house / flat,<br />

The borrower should obtain permission from competent authority like Gram<br />

Panchayat / Municipality, etc. if the repairs and renovations require such permission.<br />

Two loans may be given to an individual provided he has the capacity to repay. The two<br />

loans may be given at different times either for purchase / construction and subsequent<br />

repair / renovation of a single property or for purchase / construction or repair / renovation of<br />

two different properties.<br />

3. TYPE OF LOAN: Term Loan.<br />

4. LOAN AMOUNT :<br />

(A)<br />

The quantum of finance for<br />

i) purchase or construction of a new house / flat<br />

ii)<br />

iii)<br />

purchase plot of land and construction of house (both)<br />

purchase an existing (old) house / flat or extension of existing<br />

house. is furnished hereunder:<br />

Urban : Rs.50.00 lakhs<br />

Semi-urban : Rs.25.00 lakhs<br />

Rural : Rs.15.00 lakhs<br />

Crl. ADV-79 3


(B) Maximum limit upto Rs.10 lakhs for<br />

Repair or renovation of an existing house / flat.<br />

The actual loan amount is to be determined on the basis of repayment capacity taking into<br />

account income& age of the applicant (s) as under :<br />

I. For borrowers between 21 to 45 years of age :<br />

i) 60 times the net monthly income of the applicant in case of salaried persons (i.e.<br />

net of all deductions including loan repayments and actual monthly tax deductions<br />

at source).<br />

ii)<br />

5 times net annual income in case of others (i.e. income as per latest income tax<br />

return filed less loan repayments and taxes payable). For agriculturists, the<br />

annual net income should be arrived at by branches based on the nature of their<br />

activity (i.e. farming, dairy, poultry, orchards), land holding, cropping pattern,<br />

yield, etc. and average level of income derived there from in the area.<br />

II. For borrowers over 45 years of age :<br />

i) 48 times the net monthly income of the applicant in case of salaried persons (i.e.<br />

net of all deductions including loan repayments and actual monthly tax deductions<br />

at source).<br />

ii)<br />

iii)<br />

4 times the net annual income in case of others (i.e. income as per latest income<br />

tax return filed less loan repayments and taxes payable). For agriculturists, the<br />

annual net income should be arrived at by branches based on the nature of their<br />

activity (i.e. farming, dairy, poultry, orchards), land holding, cropping pattern,<br />

yield, etc. and average level of income derived there from in the area.<br />

In respect of loans where one of the joint borrower (s) is aged below 45 years, the<br />

eligible loan amount is to be computed aggregating as under:<br />

Borrower aged below 45 years<br />

Borrower aged 45 years and above<br />

60 times NMI / 5 times NAI<br />

48 times NMI / 4 times NAI<br />

However, repayment in the above case can be considered to the maximum period i.e. 20<br />

years.<br />

Income of the spouse<br />

Income of the spouse can be added while calculating the eligible amount where :<br />

i) the property is jointly held with the spouse and the spouse is a co-borrower; or<br />

ii)<br />

Expected Rental<br />

the property is held in single name and the spouse stands as a guarantor.<br />

The expected rental less taxes, cess, etc. in the case of house / flat being purchased, which<br />

is proposed to be rented out may be added for computation of the eligible loan amount.<br />

Other Income<br />

Regular income from all sources can be considered to arrive at total eligible loan amount,<br />

provided the sanctioning authority is satisfied about the proof of the income.<br />

5. MARGIN : The following minimum margins are prescribed :<br />

For purchase or construction of a new house / flat : 15% of the total project cost i.e. cost of<br />

land, additional amenities, registration amount, stamp duty, etc.<br />

For purchase plot of land and construction of a house (both) : 30% for purchase of plot<br />

which includes cost of land, stamp duty and registration etc.<br />

Crl. ADV-79 4


For construction purpose an overall margin of 15% of the project cost which includes cost of<br />

land.<br />

To purchase an existing (old) house / flat or extension of existing house : 20% margin.<br />

6. SECURITY : Equitable mortgage by deposit of title deeds should be obtained. The<br />

documents of the land / flat / house, etc. should be examined by the Bank’s advocate and a<br />

legal opinion must be obtained to the effect that the title is clear and valid equitable mortgage<br />

can be created. The memorandum relating to deposit of title deeds deposited at<br />

notified centers for creation of equitable mortgage should be invariably registered<br />

with concerned sub-registrars as advised vide Cir.No.ADV/32/2006-07 dated 20.09.2006.<br />

7. RATE OF INTEREST : The rates of interest are furnished here under :<br />

i. Upto Rs.1,00,000/- 11%<br />

ii. Above Rs.1,00,000/- to Rs.1,50,000/- 12%<br />

iii. Above Rs.1,50,000/-<br />

a. Loans repayable within 5 years<br />

Upto Rs.2,00,000/- 11%<br />

Above Rs.2,00,000/- 12%<br />

b. Loans repayable above 5 to 10 years 11%<br />

c. Above 10 years 12%<br />

8. FINANCE AGAINST PURCHASE OF HOUSE / FLAT FROM SOCIETIES :<br />

In the case of financing for purchase of house / flat from Societies branches would be<br />

required to retain the share certificate / allotment letter of the Society along with Bye-Laws of<br />

the Society concerned.<br />

As Societies come under State Cooperative Societies Act, the nature of title<br />

documents would vary and the property will not be transferred to the member-borrower and<br />

the property stands in the name of Society only and in some cases lease agreement will be<br />

executed. In such cases legal opinion obtained from the panel advocate has to be referred<br />

to the sanctioning authority with particular reference to lease agreement. However,<br />

branches should ensure that Societies should make a note of lien on the property of member<br />

borrower who availed loan with our Bank.<br />

The Society would also be required to be intimated of the Bank’s interest in the<br />

property advising them to send the documents evidencing title of the borrower direct to the<br />

Bank. Some security including third party guarantee may be taken during the construction<br />

period, wherever considered necessary to safeguard the Bank’s interest. No Objection<br />

Certificate should be obtained from the Society.<br />

9. PAPERS / DOCUMENTS TO BE SUBMITTED BY THE APPLICANT :<br />

‣ Savings Bank account to be opened invariably by every borrower duly complying<br />

with the KYC norms.<br />

‣ Duly completed application form – Annexure-A.<br />

‣ Passport size photographs (borrower (s) and guarantor (s))<br />

‣ Proof of identify :<br />

o<br />

Voters ID Card / Passport / Driving license / PAN card.<br />

‣ Proof of residence :<br />

o<br />

Recent telephone bills, electricity bill, property tax receipt / passport / Voters<br />

ID Card.<br />

Crl. ADV-79 5


‣ Proof of business address for non-salaried individuals.<br />

‣ Sale Deed / Agreement of Sale.<br />

‣ Statement of Bank account / pass book for last six months.<br />

‣ Letter of allotment from Housing Board / Society etc.<br />

‣ Copy of approved plan (wherever applicable).<br />

‣ Permission for construction (wherever applicable).<br />

‣ Estimate / Valuation Report from approved valuers in respect of the property to be<br />

financed (wherever applicable).<br />

‣ Age of the building shall be certified by the approved valuer.<br />

‣ In case of conversion of agricultural land – copy of the relevant order.<br />

‣ Search report / non-encumbrance certificate for 13 years from Bank’s Advocate.<br />

‣ NOC under the provision of ULC Regulation Act, 1976 in original.<br />

From Employees<br />

‣ Salary Certificate from employer duly verified about the genuinity by the Branch<br />

Manager.<br />

‣ TDS Certificate – Form 16 or Copy of IT Return for the past two financial years,<br />

duly acknowledged by ITO. Branch Manager to verify the genuineness.<br />

‣ Where check-off is available<br />

o<br />

o<br />

o<br />

Irrevocable letter of authority – Annexure-D.<br />

Letter from employers – Annexure-E.<br />

Irrevocable Letter of Authority where applicant himself is Drawing and<br />

Disbursing Officers – Annexure-E1.<br />

From self employed / Other IT assessees<br />

‣ Three years IT returns duly acknowledged by ITO / assessment orders for<br />

computation of income.<br />

‣ Photocopies of challans of Advance IT paid.<br />

Where IT returns are not available<br />

The Branch Manager can consider the proposals in the absence of IT return on the basis of<br />

verifiable source of income for arriving at the eligibility of loan amount and certify the same<br />

and hold it on record.<br />

10. DOCUMENTATION :<br />

a) Memorandum of Term Loan Agreement for Housing Loan – Annexure-K.<br />

b) Guarantee Agreement, if applicable – Annexure-M.<br />

c) Formalities related to creation of equitable mortgage.<br />

d) Mortgage Deed to be executed by the borrower (only in the case of Registered<br />

Mortgage) – Annexure-L.<br />

e) Agreement to Mortgage, wherever a mortgage cannot be created immediately-<br />

Annexure-J.<br />

f) Documents in connection with pledge of other securities, where applicable.<br />

g) An arrangement letter as per Annexure-I.<br />

Crl. ADV-79 6


11. DISBURSEMENT : To safeguard the Bank’s interest and to prevent misuse of funds,<br />

disbursements should be made only in phases and should be co-related to the actual<br />

progress made in the construction e.g., at stages like completion of plinth construction of<br />

lintel level, completion of roof, etc. Branches may insist on a certificate from engineer<br />

architect of the borrower as regards the stage of completion of the project. Disbursements<br />

should be made only after the branch is satisfied about the proper use of funds. Inspection<br />

of the site also to be carried out during the course of construction.<br />

As regards loans for repairs / renovations / construction, etc., branches should satisfy<br />

themselves about the estimated cost of work involved having regard to the extent thereof,<br />

materials to be used, cost of labour and other charges and after obtaining certificate (s) of<br />

qualified engineers / architects as considered necessary.<br />

For purchase of plot of land and construction of house (both) : The plot loan should<br />

be released first and after mortgage of title deeds the loan for construction of house should<br />

be released as per the phase of construction of house.<br />

For purchase of an existing house / flat : The margin amount should be paid by the<br />

borrower into his loan account with the bank. The total amount i.e. margin and loan amount<br />

shall be directly paid to the seller by way of Banker’s Cheque / Demand Draft duly mentioned<br />

seller’s bank name, seller name and the account number.<br />

12. REPAYMENT :<br />

i) For purchase or construct a new house / flat.<br />

ii)<br />

iii)<br />

For purchase of an existing (old) house / flat or extension of existing house.<br />

For repair or renovate of an existing house / flat.<br />

For purchase of a ready built new house or flat the repayment starts immediately.<br />

For construction of a house or flat repayment starts 3 months from the date of completion of<br />

construction or 18 months from the date of release of 1 st instalment.<br />

The repayment by way of Equated Monthly Instalments (EMI) will be determined on<br />

the basis of the current rate of interest, as follows :<br />

Period :<br />

For applicants upto 45 years of age : Maximum of 20 years.<br />

For applicants over 45 years of age : Maximum of 15 years.<br />

Subject to the repayment of the loan being repaid before the borrower attains 70 years<br />

of age.<br />

Moratorium Period<br />

When financing is considered for ready built houses / flats and can be occupied immediately,<br />

repayment of EMIs will commence from the succeeding month after the month full<br />

disbursement has been made.<br />

Where loan is for construction of a new house / flat repayment starts with a<br />

moratorium period of 3 months from the date of completion of the construction or 18 months<br />

from the date of disbursement of 1 st instalment of loan whichever is earlier.<br />

Interest Moratorium<br />

The interest accrued during the moratorium period is to be included in the maximum<br />

repayment period of 15 years or 20 years, as admissible.<br />

iv)<br />

For purchase of plot of land and construction of house (both) : If construction is<br />

not taken up within six months repayment starts from 7 th month from the date of<br />

release of loan.<br />

Check-off facility : In the case of salaried persons, a check-off facility is preferable.<br />

Crl. ADV-79 7


Under the check-off arrangement, an irrevocable letter of authority is required to be<br />

obtained from the borrower (employee) concerned and a letter of undertaking from the<br />

employer also is to be taken as per Annexure-D & E.<br />

In case of Govt., officers, who are themselves the drawing and disbursing authorities<br />

and avail housing loans, separate undertaking letters to be obtained, as per Annexure E1.<br />

Post dated cheques<br />

Post dated cheques should be obtained invariably in all cases even where check-off facility<br />

is available and follow the instructions as per Annexure-III.<br />

13. PRE-PAYMENT CHARGES :<br />

i) A 2% prepayment charge will be levied on any amount prepaid in excess of the<br />

EMI payments and also pre-closure.<br />

ii)<br />

A 2% prepayment charges will be levied in case of closure of the account for<br />

reasons of take-over by any other bank / financial institution.<br />

However, this prepayment charges may be waived in case where the borrower is<br />

deceased, and / or where the original repayment schedule envisages a bullet<br />

repayment at the time of retirement.<br />

14. PROCESSING FEES<br />

Upto Rs.2.00 lakhs : Nil<br />

Above Rs.2.00 lakhs :<br />

0.50% (Subject to a maximum of Rs.10,000/-)<br />

In case of registered mortgage the stamp duty, registration fees and any other<br />

expenses arising out of it should be borne by the borrower.<br />

Once the account becomes an NPA, a fresh Search Report should be obtained from<br />

the Bank’s advocate preferably from a different advocate and all the charges to be borne by<br />

the borrower.<br />

15. INSURANCE : The house / flat purchased / constructed should be insured against<br />

the risk of fire / riots / earthquakes / lightning, floods, etc., in the joint names of the borrower<br />

and the Bank for the full market value of the property or the outstanding loan amount,<br />

whichever is higher. A copy of the policy is to be retained with the Bank. The borrowers may<br />

be encouraged to obtain insurance for the full estimated period of the loan (Single- Premium<br />

Policy) to be able to avail substantial discounts offered by insurance companies. This would<br />

also reduce Bank’s follow-up costs.<br />

16. INSPECTION : Pre-sanction & post-sanction inspections to be carried out and to be<br />

recorded in the inspection register.<br />

Appropriate noting to be done in the Inspection Register for having conducted for all<br />

subsequent inspections.<br />

Every 3 years for Standard Assets.<br />

If the EMIs are not forthcoming for the two successive months inspection would be<br />

required immediately.<br />

For NPAs : At quarterly intervals.<br />

17. DISCRETIONARY POWERS : For sanctioning of Housing loans the existing<br />

discretionary powers from Scale-I to Scale-III is mentioned as under :<br />

JMGS-I : NIL<br />

MMGS-II : Rs.1.00 lakh<br />

MMGS-III : Rs.3.00 lakhs<br />

AM : Rs.3.00 lakhs<br />

GM : Rs.25.00 lakhs<br />

Crl. ADV-79 8


HOUSING LOAN SCHEME – DOs AND DON’Ts<br />

ANNEXURE - II<br />

Inspite of circular instructions issued from time to time branches are not adhering to circular<br />

instructions thereby resulting in loss of opportunity for business development and in some<br />

cases resulting in frauds / failure of advances etc., . Keeping in view of the field level<br />

experiences we furnish hereunder some of the Dos and DON’Ts for the information<br />

/guidance of the branches. The list is illustrative but not exhaustive and the branches are<br />

advised to take appropriate steps in safeguarding the advances.<br />

DOs<br />

Selection of the borrower<br />

‣ Satisfy thoroughly about the antecedents of the applicants. If the applicant is a<br />

person of integrity, the burden on the branch will be much less in the matter of all<br />

other verifications.<br />

‣ Verify if the borrower is having an account with the branch. Ger invariably a Savings<br />

Bank account opened by strictly following the KYC norms. If he is already having an<br />

account with any other branch of our Bank, obtain full details of the account and<br />

satisfy that the account was opened by observing KYC norms. If it was an account<br />

opened before the introduction of KYC norms, get the KYC verification done now.<br />

‣ Call for the confidential report from the Bank where the applicant is maintaining his<br />

account (in case he is not our customer).<br />

Verification about the borrower<br />

‣ Pre-sanction and Post-sanction inspections are strictly to be carried out and record in<br />

inspection register.<br />

‣ Personally visit the office and residence. Preferably, visit once again, this time by<br />

way of surprise.<br />

‣ Obtain the photographs of guarantor and borrower.<br />

‣ Obtain confirmation from the salary disbursing authority about the genuineness of the<br />

salary certificate and Form 16 if borrower is an employee.<br />

‣ Obtain IT Assessment Orders / Returns for the last 3 years if the borrower is not an<br />

employee. Ensure that the IT returns for all the 3 years are not filed on the same<br />

day. If they are filed on the same day, it may be a case where the applicant is trying<br />

to increase his entitlement of the loan amount.<br />

Verification of title<br />

‣ Obtain documents such as Agreement of Sale, title deeds, link documents, etc. and<br />

forward to the Advocate/s report directly and not through the borrower. Make<br />

payment of fees to the Advocate directly from the Bank.<br />

‣ Insist on the proof of personal search by Advocate at the Sub-Registrar’s office and<br />

also a certificate from the Advocate to that effect.<br />

‣ If necessary Branch Manager / Field Officer to verify the title deeds / sale deed with<br />

the Sub-Registrars office to avoid / guard against fake title deeds / fake sale deeds,<br />

fabrication of documents / title deeds.<br />

‣ Make sure that the Legal Scrutiny report satisfies various requirements of the Bank<br />

as per the guidelines.<br />

Verification of document<br />

Crl. ADV-79 9


‣ Verify the genuineness of the parties involved in the Agreement of Sale and<br />

connected documents by visiting the Builder’s office independently and<br />

unaccompanied by the borrower or the so called builder / owner. This will take<br />

care of impersonation.<br />

‣ Guard against documents prepared by colour photo copying.<br />

‣ Guard against fake document by thorough scrutiny. Personal search at Sub-<br />

Registrar’s Office will help. Search is easier where the records at the Sub-Registrar’s<br />

office are computerised.<br />

‣ Guard against ‘duplicated’ (prepared again) documents copying all details from an<br />

actual title deed, by forging the seals, signatures of the sub-registrar and also the<br />

seller. Verification of the sale deed at the Sub-Registrar would help. In computerised<br />

Sub-Registrar’s office the sale deed can be seen on the screen as all the documents<br />

are scanned and stored.<br />

‣ When the loan is in excess of Rs.15.00 lakhs, apply directly to Sub-Registrar for a<br />

certified true copy of the document in question.<br />

‣ Guard against duplicate title deed. Fraudsters approach for loan with duplicate copy<br />

of the title deed. Any number of copies of the title deed can be obtained at the time<br />

of registration by paying appropriate fees. However, the Sub-Registrar marks the<br />

copies as ‘Duplicate’, ‘Triplicate’, etc. By carefully examining the document, this<br />

can be found out.<br />

‣ Xerox copy of the title deed initially submitted must be compared with the original at<br />

the time of creating the Equitable Mortgage.<br />

‣ While accepting Settlement / Gift Deeds for creating equitable mortgage, insist for the<br />

original Link documents.<br />

Verification of the property<br />

‣ In the case of construction of a house on a plot of land, make sure that the<br />

construction is taking place on the piece of land mortgaged to the bank and not on<br />

any other piece of land. (In another Bank, a borrower cheated the bank by using the<br />

loan amount to construct the house on the piece of land in the name of his wife which<br />

was just adjacent to his plot which was mortgaged to the bank).<br />

‣ Visit the property proposed to be purchased with the Bank’s loan and satisfy about<br />

the existence of the property and reasonableness of the value quoted before<br />

releasing the loan. The visit must be made once more without being accompanied<br />

by the borrower.<br />

‣ If the loan is for purchase of an existing flat / house already occupied, speak to the<br />

inmates of the house to verify the name of the owner, etc. and satisfy by verifying the<br />

tax paid receipts, electricity bills, water bill, etc. If the inmates of the house cooperate,<br />

enquire with them regarding any dispute / litigation with the present owner<br />

(seller) and any objection to vacate the house.<br />

‣ A route map to the location of the property prepared by both the valuer and also the<br />

branch official must be held on record.<br />

‣ Verify the accessibility / approachability to the site before considering the loan.<br />

Disbursement<br />

‣ Margin to be routed through the Bank.<br />

‣ Make the Banker’s Cheque in favour of Seller’s Bank Name, Seller’s Name and<br />

Account Number also if furnished.<br />

Crl. ADV-79 10


‣ Hand-over the Banker’s cheque to the vendor at the time of registration at the Sub-<br />

Registrar Office, by obtaining due authorisation from the borrower while releasing the<br />

loan.<br />

‣ Collect the registered sale deed directly from the Sub-Registrar, by obtaining due<br />

authorisation from the borrower at the time of releasing the loan.<br />

‣ Fresh encumbrance certificate be obtained before release of the loan.<br />

‣ Put through the mortgage at the earliest, after obtaining latest encumbrance<br />

certificate.<br />

‣ Wherever the payment is made directly to the seller, the payment details such as<br />

Banker’s Cheque number, date and amount must be mentioned in the sale deed to<br />

evidence the fact that the property was purchased out of Bank’s finance.<br />

DON’Ts<br />

‣ Do not entertain any proposal brought by middlemen by whatever name they are<br />

called i.e. Consultants, etc.<br />

‣ Do not sanction any loan unless the borrower has an account or opens an account<br />

with the Bank.<br />

‣ Do not handover the title deeds, etc. to the borrower for being taken to the Advocate<br />

on Panel.<br />

‣ Do not handover the Banker’s Cheque representing the loan amount to the borrower,<br />

but send it directly to the seller.<br />

‣ Do not allow the borrower to collect the registered document from the office of the<br />

Sub-Registrar, but send an official of the Bank.<br />

‣ Do not accept the introduction of the borrower/s by the employer other than State /<br />

Central Govt., Public Sector and reputed joint stock companies, if he is not a<br />

customer of the branch.<br />

* * *<br />

Crl. ADV-79 11


ANNEXURE-III<br />

Branches are advised to follow the following guidelines, where Postdated cheques are<br />

obtained for repayment of PER advances.<br />

i) NUMBER OF CHEQUES TO BE OBTAINED : Cheques to be invariably obtained for<br />

covering the full repayment period. Cheques should be scrutinised to ensure that these are<br />

properly filled in. The special “Crossing Seal” would be required to be put on the face of<br />

the cheque before keeping them in custody.<br />

ii)<br />

iii)<br />

iv)<br />

DATE OF POST DATED CHEQUES : Date of cheques should synchronise with credit of<br />

salary/rent etc., wherever payment of post-dated cheques is to be contingent upon such a<br />

credit to the account. In other cases, where the deposit account of the borrower has<br />

sufficient credit, atleast during the first fortnight of the month, the cheques should be dated<br />

prior to the 7 th of every month.<br />

The branches should put through the cheques on 4 or 5 fixed dates in a month, preferably<br />

before 15 th of the month, so that the task is not spread over the whole of the month and<br />

administration thereof does not dislocate the work.<br />

DIARISATION : A suitable diary to be maintained for the post dated cheques obtained<br />

date wise so as to ensure compliance promptly.<br />

CUSTODY : Post-dated cheques should not be retained along with the security documents<br />

to avoid unnecessary handling of documents. These should be retained by the Branch<br />

Manager or Accountant and placed in a fire proof safe / locker.<br />

v) HANDLING OF CHEQUES RETURNED UNPAID : Should any cheque be received<br />

unpaid from the paying banker for want of sufficient funds, the borrower should be<br />

immediately contacted. The cheque should be re-presented within a period of three days<br />

of its having been returned unpaid on a written request of the borrower. In the event of the<br />

borrower failing to deposit the amount of the cheque, the under noted procedure for<br />

initiating legal action under Section 138 of Negotiable Instruments Act, 1881, should be<br />

initiated:<br />

Steps to be taken when a cheque is dishonoured on account of : (a) insufficient funds (b)<br />

closing of the account (c) stop payment of the cheque (on account of insufficient funds).<br />

STEP-1 : When the cheque is dishonoured the branch has to give a notice in writing to<br />

the drawer within 15 days of the receipt of information by it from the bank regarding the<br />

return of the cheque. Enter in the separate register for this purpose and monitor.<br />

STEP-2 : If drawer fails to make the payment of the said amount of money to the bank<br />

within 15 days of the receipt of the notice mentioned in Step-1, proceed to Step-3.<br />

STEP-3 : File a complaint before the Metropolitan Magistrate or First Class Magistrate,<br />

within one month from the date of cause of action.<br />

Example : Cause of action arose of 01.01.2001, under Step-2 (that is failure to pay within<br />

time mentioned there) file the complaint on or before 31.01.2001.<br />

STEP-4 : During the pendency of the complaint if the drawer desires to compound the<br />

offence, branch can withdraw the complaint on receipt of the amount of the cheque,<br />

interest, legal cost and other expenses.<br />

It may, however be noted that the initiation of legal action is a measure of last resort and all<br />

efforts should be made to contact the borrower to regularise the position. However the one<br />

month time limit shall not be allowed to be exceeded under any circumstances<br />

(except under instructions from the Controlling Office).<br />

ANNEXURE-IV<br />

RBI INSTRUCTIONS TO IMPLEMENT DELHI HIGH COURT ORDERS ON HOUSING LOANS<br />

Crl. ADV-79 12


HOUSING LOANS - ORDERS OF THE DELHI HIGH COURT – WRIT PETITION BY<br />

KALYAN SANSTHA WELFARE ORGANISATION AGAINST UNION OF INDIA AND<br />

OTHERS – IMPLEMENTATION OF DIRECTIONS.<br />

* * *<br />

During the hearing in the captioned Write Petition, the Hon’ble High Court of Delhi has<br />

directed as under:<br />

“We here by direct that henceforth banks will check whether the loan sought for is for<br />

authorised structure or an unauthorised structure and the Banks will obtain an undertaking<br />

on an affidavit from the parties seeking such loans that the building is constructed as per<br />

sanctioned building plans. Banks shall also ensure that the sanctioned building plans are<br />

attached with the undertaking”.<br />

2. In this context, the Monitoring Committee constituted by the Hon’ble High Court of Delhi<br />

regarding Unauthorised Construction, Misuse of Properties and Encroachment on Public<br />

Land, has issued the following directions for immediate compliance by the Banks / Financial<br />

Institutions:<br />

A. Housing Loan for building construction<br />

i) in cases where the applicant owns a plot / land and approaches the banks / FIs for a<br />

credit facility to construct a house, a copy of the sanctioned plan by competent<br />

authority in the name of a person applying for such credit facility must be obtained by<br />

the banks / FIs before sanctioning the home loans.<br />

ii) An affidavit-cum-undertaking must be obtained from the person applying for such<br />

credit facility that he shall not violate the sanctioned plan, construction shall be<br />

strictly as per the sanctioned plan and it shall be the sole responsibility of the<br />

executant to obtain completion certificate within 3 months of completion of<br />

construction, failing which the bank shall have the power and the authority to recall<br />

the entire loan with interest, costs and other usual bank charges.<br />

iii) An architect appointed by the Bank must also certify at various stages of construction<br />

of building that the construction of the building is strictly as per sanctioned plan and<br />

shall also certify at a particular point of time that the completion certificate of the<br />

building issued by the competent authority has been obtained.<br />

(clauses ii & iii are not applicable for the loans sanctioned in Rural & Semi-urban areas).<br />

B. Housing Loans for purchase of constructed property / built up property<br />

i) In cases where the applicant approaches the banks / FIs for a credit facility to<br />

purchase the built up house / flat, it should be mandatory for him to declare by way of<br />

an affidavit-cum-undertaking that the built up property has been constructed as per<br />

Crl. ADV-79 13


the sanctioned plan and / or building bye-laws and as far as possible has a<br />

completion certificate also.<br />

ii) An architect appointed by the bank must also certify before disbursement of the loan<br />

that the built up property is strictly as per sanctioned plan and / or building bye-laws.<br />

C. No loan should be given in respect of those properties which fall in the category of<br />

unauthorised colonies unless and until they have been regularized and development and<br />

other charges paid.<br />

D. No loan should also be given inrespect of properties meant for residential use, but which<br />

the applicant intends to use for commercial purposes and declares so while applying for<br />

loan.<br />

3. Although the above instructions were issued in the context of a write petition in the Delhi<br />

High Court, all the banks are advised to strictly comply with the above directions with<br />

immediate effect.<br />

* * *<br />

Crl. ADV-79 14


APPLICATION FORM FOR HOUSING LOAN<br />

(for public)<br />

Place:<br />

Date:<br />

The Branch Manager<br />

Deccan Grameena Bank<br />

____________________ Br.<br />

ANNEXURE-A<br />

Dear Sir,<br />

HOUSING LOAN<br />

I hereby apply for a Housing loan of Rs.______________ (Rupees _______________<br />

________________________________________________________________ only) for<br />

acquisition / construction of house / flat / additions thereto in my own name for the bonafied<br />

use of myself and my family members, details of which are furnished hereunder in the<br />

attached statement.<br />

I undertake to abide strictly by all the terms and conditions stipulated by the Bank and any<br />

modifications thereto made hereafter from time to time. All other rules and regulations of the<br />

Bank applicable to the aforesaid loan will be observed by me and the instructions issued by<br />

the Bank from time to time will be adhered by me. I also declare that I am in a position to pay<br />

an estimated amount of Rs. _____________/- (Rupees ____________________<br />

____________________________only) towards the cost of construction /acquisition /<br />

purchase of a flat / house / additions thereto.<br />

I also certify that the particulars given in the attached statement are correct and nothing has<br />

been concealed by me, which would prejudice or affect my right to apply for loan from the<br />

Bank.<br />

Yours Faithfully,<br />

(Signature)<br />

Address:<br />

Crl. ADV-79 15


(HOUSING LOAN FOR PUBLIC)<br />

STATEMENT GIVING ALL THE INFORMATION / PAPERS /<br />

DOCUMENTS FOR AVAILMENT OF LOAN<br />

ANNEXURE-B<br />

1) Full name :<br />

Address–permanent :<br />

Local :<br />

Indicate whether belonging to scheduled caste / Scheduled Tribe / other economically<br />

weaker sections / low income groups other categories (certificate to be enclosed)<br />

2) Age as on the date of application<br />

(give also date of birth :<br />

3) Occupation (Service or otherwise) :<br />

a. If service :<br />

i. Date of joining his employers<br />

And their name :<br />

ii. Date of confirmation :<br />

iii. Designation :<br />

iv.<br />

Department / Branch<br />

v. Total service as on the date of<br />

application (including probationary<br />

period but excluding temporary service)<br />

vi.<br />

Total span of service<br />

(in case of contract)<br />

vii. Total monthly emoluments :<br />

viii.<br />

Certificates / proof in respect of<br />

above are attached<br />

b. Other occupation<br />

i. Nature of occupation / vocation :<br />

ii.<br />

Name of the firm associated with if any:<br />

iii. Address of the above establishment :<br />

iv. Date of commencement of vocation :<br />

v. Total period in the vocation :<br />

vi.<br />

vii.<br />

Monthly income (give proof)<br />

Banking connections<br />

(i) With Deccan Grameena Bank<br />

(nature of accounts maintained give details)<br />

(ii) With other Banks (Nature of a/c give details)<br />

4) Amount of the loan applied for :<br />

5) Whether the applicant in the past has<br />

applied for a loan, if so, give details<br />

Crl. ADV-79 16


6) (a) Details in respect of the house / flat,<br />

bought/constructed / proposed to be<br />

bought / constructed.<br />

(i)<br />

(ii)<br />

Situated at<br />

Whether the applicants’ membership in<br />

the society is approved? If so, a true<br />

copy of such allotment letter as per<br />

specimen marked ‘A’ should be attached<br />

(iii) Where the construction of the house /<br />

Flat by the society is completed, the<br />

Government approved valuer’s report should<br />

be submitted.<br />

(iv) (i) Plinth Area :<br />

(ii) Carpet area<br />

(b) Where an independent house /<br />

structure is purchased / to be purchased<br />

i) name (s) of the vendor (s)<br />

and relationship with the applicant, if any<br />

ii) name of the building / house :<br />

iii) where situated :<br />

iv) land lord (s)’ / vendors (s)’ letter as per<br />

specimen ‘A’ offering a house building etc.,<br />

v) (i) Plinth area :<br />

(ii) carpet Area :<br />

(c) Where construction on the plot of<br />

land owned is contemplated :<br />

i) Details of deed of conveyance certified<br />

by the Bank’s local advocate in respect<br />

of the land / plot purchased (copy enclosed)<br />

ii) Is the land converted into<br />

non-agricultural land? If so, please<br />

attach a copy of the relative<br />

order duly certified<br />

iii) Is the N.O.C obtained by the vendor (s)<br />

under the provisions of the Urban Land<br />

(Ceiling and Regulation) Act, 1976 if so,<br />

please attach a copy thereof duly certified.<br />

iv) Whether the plot is fully developed?<br />

If not, the estimated expenditure, who will<br />

bear the cost? Vendor (s) or the applicant.<br />

v) Total plinth area of the House :<br />

vi) Total carpet area of the House :<br />

vii) Blue prints of the plot of land and<br />

house prepared by the Architects as<br />

submitted to the Municipality should be<br />

enclosed. (If the plans have been<br />

Crl. ADV-79 17


approved by the Municipality, a copy<br />

of the relative sanction certified as a<br />

true copy by the applicant’s Architects<br />

should be attached)<br />

viii) Details of the amenities provided /<br />

proposed to be provided in the House<br />

7. Whether the society’s /Landlord’s / Vendor’s title to the property /flat/ house/ is clear and<br />

marketable, free from encumbrances and debts (A certificate to this effect from the local<br />

Advocate of the Branch where from the applicant will obtain the loan should be attached.<br />

8. The amount the applicant will have to pay from<br />

his own recourses after taking into consideration<br />

the Bank’s loan for which he has applied. :<br />

9. An irrevocable letter of authority in duplicate as<br />

per Annexure :<br />

10. Municipality taxes / levies etc. approx per month<br />

in respect of the house flat.<br />

11. Betterment charges where<br />

: Rs.<br />

a. Plot of land acquitted for construction thereon : Rs.<br />

Flat to be purchased/acquired construction which<br />

is in progress. (A certificate, should be attached<br />

form the Bank’s local advocate whether the land<br />

falls in a Town planning scheme and any<br />

betterment charges are payable thereon).<br />

12. Proper approach road and water available where :<br />

a. Plot of land acquired for construction thereon :<br />

b. Flat to be purchased/acquired construction of<br />

which is under progress :<br />

c. House to be acquired (A certificate should be<br />

attached from the applicant’s/builder’s Architect<br />

stating that there is proper authorised approach<br />

road to the house/ building and water is available<br />

for drinking and construction purpose.<br />

13. Schedule of disbursement where the construction<br />

is under progress and the loan will be disbursed<br />

in instalments (A statement should be attached,<br />

the applicant’s / Society’s/ Builder’s architects<br />

detailing the stages of works required to be<br />

completed and showing there against the<br />

instalments of the loan to be released thereafter) :<br />

14. Any other information :<br />

15. Name of the relative, if any, in the Bank. At which<br />

place posted and nature of their relationship.<br />

16. I hereby declare that<br />

i. I do not own any residential accommodation<br />

in the name of myself / my spouse / my<br />

dependent / my children. :<br />

: Rs.<br />

Crl. ADV-79 18


ii.<br />

iii.<br />

My wife / husband is not employee of the<br />

Bank. :<br />

The total cost of the House or flat proposed to<br />

be constructed / acquired (including the cost<br />

of the land) will not exceed Rs.<br />

_______________________ __________<br />

(details given in Annexure) :<br />

iv. The house / flat to be constructed / acquired /<br />

enlarged with the help of the loan availed of<br />

from the Bank will not be utilised as source of<br />

income or profit except to such extent and for<br />

such period as the Bank may permit and my<br />

other recourses together with the amount of<br />

the loan applied for as detailed below will be<br />

sufficient to complete the “construction /<br />

acquisition of the proposed house /flat /<br />

enlargement of the present accommodation..” :<br />

a) Amount of housing loan as per this<br />

application<br />

: Rs.<br />

b) Personal savings : Rs.<br />

c) Other resources (give details and how they<br />

are acquired)<br />

TOTAL<br />

Total estimated cost of the acquiring /<br />

constructing / enlarging the house / flat<br />

: Rs.<br />

: Rs.<br />

: Rs.<br />

Date:<br />

Signature<br />

Name<br />

Address<br />

Crl. ADV-79 19


(May be given on letter head of Government approved valuers)<br />

Valuation report on the property belonging to _______________________________<br />

1. Valuation done by :<br />

2. Date of valuation :<br />

3. Name(s) of person or persons in whose<br />

name(s) the property stands registered<br />

ANNEXURE-C<br />

4. Survey No._________________ and Municipal No._________________ of the property<br />

5. Situation of the property :<br />

6. Whether leasehold or freehold :<br />

7. Municipal valuation for tax purpose<br />

(if available)<br />

8. Area of land :<br />

9. Value of land :<br />

10. Built up area of the building/flat/apartment : Sq.Mtrs.<br />

11. Carpet area : Sq.Mtrs.<br />

12. Value of built up area :<br />

(Note : While arriving at the approximate cost of the built up area, the rate of current cost<br />

of construction to cubical contents of the building may be taken into consideration)<br />

13. Please state the nature of construction viz., whether it is built up with R.C.C. or stones or<br />

bricks. Please also give some idea about the kind of fittings used in the building,<br />

whether flouring is of ordinary kind or whether there are any special or costly fittings.<br />

Also, whether there is independent water supply, other amenities etc.<br />

14. Year in which the property was constructed :<br />

15. Total value of the property : Value of land : Rs.<br />

16. From the above, please deduct depreciation<br />

(It should be arrived at after taking into<br />

account the age and life of the building)<br />

Value of built up area : Rs.<br />

17. Please state if entire property is used, by owners themselves or hired out to tenant.<br />

Place :<br />

Date :<br />

Signed by<br />

Crl. ADV-79 20


BRANCH MANAGER’S CERTIFICATE<br />

ANNEXURE-C-I<br />

This is to confirm that I, ______________________________ Branch Manager,<br />

___________________ Branch have personally inspected the immovable properties<br />

situated at on _____________________ the particulars of which are described below:<br />

PARTICULARS OF THE PROPERTY<br />

_________________________________________________________________________<br />

_________________________________________________________________________<br />

_________________________________________________________________________<br />

_________________________________________________________________________<br />

_________________________________________________________________________<br />

_________________________________________________________________________<br />

_________________________________________________________________________<br />

_______________________________________<br />

The above properties are offered by the borrower / guarantor as security for securing the<br />

credit limits availed / to be availed by _________________ I have enquired the valuation of<br />

the properties form the market sources locally and from the owner of neighbouring properties<br />

and satisfied that the valuation mentioned by the approved valuer in his report is realistic /<br />

conservative and as per the existing market value.<br />

BRANCH MANAGER<br />

Crl. ADV-79 21


(To be stamped as an agreement)<br />

ANNEXURE-D<br />

LETTER OF AUTHORITY TO BE OBTAINED FROM THE EMPLOYEE APPLICANT<br />

From<br />

__________________________<br />

__________________________<br />

__________________________<br />

Dear Sir,<br />

Place :<br />

Date :<br />

To<br />

_____________________________<br />

_____________________________<br />

_____________________________<br />

(Address of the pay disbursing authority<br />

and the Office)<br />

SCHEME FOR HOUSING LOAN FOR PURCHASE / CONSTRUCTION OF A<br />

FLAT/HOUSE/ADDITIONS – LOAN ACCOUNT NO._________________<br />

1. I, Smt/Sri/Kum.______________________________, S/o.W/o.D/o._________________<br />

_____________________ the undersigned an employee of your organisation.<br />

2. (a) I hereby authorise you to recover by deduction from my salary payable to me by you,<br />

a sum of Rs._____________ (Rupees _________________ _________________ only)<br />

every month representing the monthly instalment payable by me to the Deccan<br />

Grameena Bank, _____________________ branch in respect of Housing loan availed<br />

by me from the Bank and remit the amount to the aforesaid branch of the Branch.<br />

(b) I hereby authorise you to credit/continue to credit my salary to Deccan Grameena<br />

Bank, __________________ Branch payable to me by you every month, since I have<br />

undertaken to repay the Housing Loan taken by me from Deccan Grameena Bank,<br />

______________ branch.<br />

3. In case of my death, retirement, resignation or discontinuing the service for any reason<br />

whatsoever hereby authorise you to pay any amount payable on my account by reason<br />

aforesaid, to Deccan Grameena Bank, ____________________ Branch towards the<br />

balance outstanding in the aforesaid loan account. Such payment shall be deemed as a<br />

payment to me or on my account.<br />

4. I hereby agree that I shall not be entitled to withdraw or revoke the authority even in case<br />

of my transfer, until the whole of my debt inclusive of interest to the Deccan Grameena<br />

Bank, ______________________ Branch is liquidated, and written consent of the Bank<br />

is obtained.<br />

Yours faithfully<br />

Witness : Signature (Signature of the applicant)<br />

Full Name<br />

Full Name<br />

Designation<br />

Designation<br />

Branch<br />

Branch<br />

Note : Delete 2(a) or 2(b) whichever is applicable.<br />

Crl. ADV-79 22


LETTER OF UNDERTAKING FROM THE PAY DISBURSING AUTHORITY<br />

ANNEXURE-E<br />

The Branch Manager<br />

Deccan Grameena Bank<br />

__________________ Branch<br />

Dear Sir,<br />

SCHEME FOR HOUSING LOAN FOR PURCHASE / CONSTRUCTION OF A FLAT /<br />

HOUSE / ADDITIONS<br />

Sanctioned to Sri __________________________ S/o. ______________________<br />

Account to _______________________<br />

1) We certify that Sri / Smt. _______________ S/o./W/o. Sri ____________ is a permanent<br />

employee of this department / establishment drawing gross salary of Rs. ____________.<br />

2) In view of your agreeing to advance Rs.___________________________ to Sri /<br />

Smt.____________________ under the captioned scheme, we have received and noted<br />

i. the irrevocable letter of authority from the employee, for deducting a sum of<br />

Rs._____________________ from this salary per month beginning from the salary for<br />

the month of ___________ 20 ___ and remit the same to you for crediting to his loan<br />

account till we receive further instruction from you.<br />

ii.<br />

iii.<br />

iv.<br />

the irrevocable letter of authority from the employee, for crediting his / her salary every<br />

month to his / her account with Deccan Grameena Bank ________________ Branch,<br />

till we receive further instructions from you.<br />

The irrevocable letter of authority in respect of making payment of any amount payable<br />

to the employee in case of his / her death., retirement, resignation or discontinuing the<br />

service for any reasons whatsoever to Deccan Grameena bank<br />

___________________ Branch towards the balance outstanding in the aforesaid loan<br />

account, as such payment shall be deemed to be a payment to the employee or on his<br />

account.<br />

The employee agrees that he / she will not be entitled to withdraw or revoke his / her<br />

authority even in case of his / her transfer, until the whole of his / her debt inclusive of<br />

interest to the Deccan Grameena Bank _______________ Branch is liquidated and<br />

written consent of the Bank is obtained.<br />

3) As requested by the employee, we will deduct the amount from the salary / other dues<br />

payable to him and deposit it with _______________ branch. In the event of transfer of<br />

Crl. ADV-79 23


the employee else where, we undertake to convey the instructions to the transferee office<br />

under advise to you immediately.<br />

4) In case the employee renders his /her resignation from service, the same will not be<br />

accepted by us until the “No-objection Certificate” signed by your Bank is produced to us.<br />

5) If we decide to terminate the services of the employee, we shall advise you immediately<br />

of our proposed action and shall not settle his /her claims until the “No-objection<br />

Certificate” from your bank is produced to us.<br />

Seal & Date<br />

Pay /<br />

Signature of the officer<br />

(Authorised to disburse salary & allowances)<br />

Crl. ADV-79 24


The Branch Manager<br />

Deccan Grameena Bank<br />

_________________ Branch<br />

ANNEXURE-E1<br />

Dear Sir,<br />

SRI / SMT. _________________________ S/O. W/O. SRI ____________________<br />

IRREVOCABLE LETTER OF AUTHORITY – HOUSING LOAN SCHEME.<br />

I intend to avail / have availed the benefit of aforesaid scheme. At present I am serving as<br />

________________ in ______________ Department at ___________. I am authorised to<br />

draw and disburse my own salary along with the salaries of the employees working in this<br />

office / establishment / department.<br />

It undertake to deposit my salary supported by the pay bill every month for credit to the<br />

savings bank / current account maintained at your branch till liquidation of the amount<br />

advanced to me with upto dated interest etc.,<br />

It further authorise you to deduct a sum of Rs.__________ per month beginning from the<br />

salary for the month of __________ 200 _____, from the aforesaid account for adjustment<br />

towards the balance outstanding in the loan account till liquidation.<br />

I hereby authorise Deccan Grameena Bank, ________________ branch to collect and<br />

receive any amount payable towards provident fund, gratuity, pension or similar dues on my<br />

behalf in the event of my retirement / resignation / termination or discontinuation of my<br />

service for any reason whatsoever.<br />

I further, agree that the aforesaid authority shall be irrevocable till the entire amount of loan<br />

together with interest stands liquidated.<br />

I further undertake to execute necessary authorisations / documents as deemed just and<br />

necessary by the bank in accordance with the scheme in the event of my ceasing to be<br />

drawing and disbursing authority by virtue of my transfer or otherwise.<br />

SIGNATURE OF THE OFFICER<br />

(Authorised to disburse<br />

salary and allowance)<br />

Date: _____________<br />

Crl. ADV-79 25


TO BE TYPED ON THE LETTER HEAD OF SOCIETY / BUILDER<br />

(to be stamped as an agreement applicable in the State)<br />

ANNEXURE-F<br />

NO OBJECTION/ CONFIRMATION LETTER FROM THE BUILDER / VENDOR<br />

To,<br />

The Branch Manager<br />

Deccan Grameena Bank<br />

_________________ Branch<br />

Dear Sir,<br />

AGREEMENT OF SALE DATED ………………………………… ENTERED WITH SRI<br />

………………………………………………… EMPLOYEE OF <strong>DECCAN</strong> <strong>GRAMEENA</strong> <strong>BANK</strong><br />

HYDERABAD-<strong>BANK</strong>’S LIEN<br />

1) I/ We _________________________ S/o. ______________________ entered into an<br />

Agreement of Sale with Sri ______________________ S/o. _______________,<br />

employee of Deccan Grameena Bank, for sale of Flat / Apartment No.__________ in<br />

________________ Apartments, situated at ____________________________) (a copy<br />

of which is enclosed herewith) the construction of which is being done by us and the<br />

construction is under progress.<br />

2) We are aware that Sri __________________________ S/o.___________________<br />

offered the said flat as security for the housing loan availed / being availed by him from<br />

your Bank and Bank as such has got lien on the said flat for monies disbursed by you to<br />

us till the execution of the sale deed by us in favour of the employee. We have no<br />

objection whatsoever to Sri / Smt./ Kum.______________________ mortgaging the flat /<br />

house to Deccan Grameena Bank as security for the amount advanced by the Bank.<br />

3) Further, we undertake that not withstanding any thing contained in the aforesaid<br />

Agreement of Sale dated _______________, we will not cancel the Agreement of Sale<br />

entered with Sri ___________________________ S/o. __________________ employee<br />

of your Bank, in case of any default on his part in due performance of the covenants of<br />

the said Agreement without giving notice to the Bank with sufficient time to set right the<br />

said default by the employee.<br />

4) Further, not withstanding anything contained in Agreement of Sale dated<br />

____________________, I / we undertake to refund to you the amount received by us<br />

Crl. ADV-79 26


from you without any deduction whatsoever, in case of cancellation of agreement after<br />

expiry of the said notified period.<br />

5) We also under take to inform about the execution of the Sale Deed as and when it takes<br />

place.<br />

6) We also undertake to complete the construction strictly in conformity with the<br />

specification and within estimate of total cost which is enclosed herewith. No alteration<br />

will be made by us without your consent in writing. The total bill amount / construction<br />

amount will not exceed the final confirmed estimate of Rs.______________, we also<br />

agree to be paid by actuals within the estimate provided by you / or based on the<br />

measurement / calculations.<br />

7) We hereby certify, confirm and affirm that title to the said land and the building thereon is<br />

clear, marketable and free from all encumbrances and debts.<br />

8) We also confirm that we have not borrowed from any Financial Institution for purchase of<br />

land or construction of building and have not created will and create any encumbrances<br />

on the flat / house allotted to him / her during currency of the loan sanctioned / to be<br />

sanctioned by the Bank to him / her.<br />

9) We are agreeable to accept Deccan Grameena Bank as a nominee for the flat / house<br />

allotted to Sri / Smt./Kum. ______________________ and once the nomination favouring<br />

the Bank has been registered and advice sent to the bank of having done so, we note not<br />

to change the same without the written consent of the Bank.<br />

10) We agree to show the original documents of title to the land on which the said flat under<br />

reference is being constructed for its verification and examination as and when required<br />

and the said documents will be held by us in trust on behalf of all the flat owners until<br />

registration of the flats in the names of respective purchasers.<br />

Thanking You,<br />

Yours Faithfully,<br />

Signature<br />

Crl. ADV-79 27


CREDIT / OPINION REPORT<br />

(Collect all relevant details)<br />

ANNEXURE-G<br />

Name of the Applicant :<br />

PERSONAL ASSETS AND LIABILITIES<br />

a) Immovable Properties<br />

1. Location :<br />

2. Survey No. :<br />

3. Extent of land :<br />

4. If encumbered to what extent :<br />

5. Personal/Family/ancestral/Self acquired:<br />

6. Value : Rs.<br />

b) Movable / Liquid assets<br />

1. Cash and bank Balance : Rs.<br />

2. Govt. Securities : Rs.<br />

3. Shares : Rs.<br />

4. LIC Policies : Rs.<br />

5. Gold and jewellery : Rs.<br />

6. Investments :<br />

i. Business :<br />

ii. Others (Specify :<br />

7. Vehicles (Car / two wheeler etc.) :<br />

8. Other assets (specify) :<br />

c) Total Value of Assets<br />

d) Liabilities<br />

1. Borrowing from bank (s) : Rs.<br />

2. Borrowing from others : Rs.<br />

3. Borrowing from others sources : Rs.<br />

e) Total liabilities : Rs<br />

f) Net worth : Rs.<br />

BRANCH MANAGER<br />

Crl. ADV-79 28


BRANCH : ______________________<br />

ANNEXURE-H<br />

PER ADVANCES – TERM LOANS: HOUSING LOAN APPRAISAL<br />

(UNDER PUBLIC HOUSE LOAN SCHEME) IN RESPECT OF<br />

SRI _____________________________ FOR RS.________________<br />

1. Applicant’s Name :<br />

2. Father / Husband’s Name :<br />

3. Age :<br />

4. Address Present :<br />

Permanent :<br />

5. Occupation :<br />

6. No. of dependents :<br />

7. Date of Municipal /Grampanchayath approval<br />

(copy of the approved plan duly certified by<br />

the B.M to be enclosed)<br />

8. Amount of loan :<br />

9. Monthly Gross income from all sources<br />

(Salary certificate / I.T. assessment order<br />

copy to be enclosed for proof of income)<br />

10. Monthly net income :<br />

11. 50% of Net income<br />

(instalment & interest obligation should<br />

not exceed 50% of net)<br />

12. Gross income :<br />

13. Particulars of other liabilities, if any :<br />

14. Approximate time required to complete<br />

the house<br />

15. Gestation period required ______ month :<br />

16. Reasons for gestation period ______ month :<br />

17. Repayment period proposed<br />

(excluding gestation period) :<br />

18. Interest rate : ______ % plus interest tax as<br />

applicable from time to time.<br />

19. Repayment proposed :<br />

a. Principal :<br />

Crl. ADV-79 29


. Interest : Rs.<br />

(interest should be paid as and when<br />

debited to the account)<br />

c. Total : Rs.<br />

(Total amount should not exceed the<br />

amount mentioned in col.no.11 above)<br />

20. Plinth area of the house :<br />

21. Estimated cost of the house : Rs. _________________<br />

(whether estimates are reasonable as per<br />

the prevailing market rates)<br />

22. Applicant’s margin : _______% i.e. Rs.___________<br />

23. Source form where the applicant can meet<br />

the margin requirements : Source Amount<br />

a)<br />

b)<br />

c)<br />

24. Security proposed : Description Value (Rs.)<br />

a. Primary<br />

b. Collateral<br />

(full particulars of property such as S.No.<br />

/Plot No.Door No., extent etc)<br />

c. Third party guarantee<br />

(Net worth and value of I.P.)<br />

25. Value of connection<br />

(is he/ she maintaining any account with<br />

our branch (s) please specify nature of<br />

accounts with account number)<br />

26. Whether undertaking form the employee to<br />

deduct monthly instalments from the salary<br />

of the borrower is obtained :<br />

if Yes – date of undertaking<br />

if No – reasons for not obtaining the<br />

undertaking to be furnished<br />

27. Recommendations<br />

(covering the length of dealing of the party,<br />

his status, usefulness to the Bank etc.)<br />

BRANCH MANAGER<br />

Crl. ADV-79 30


ARRANGEMENT LETTER – HOUSING FINANCE<br />

<strong>DECCAN</strong> <strong>GRAMEENA</strong> <strong>BANK</strong><br />

_________________________ Branch<br />

_________________________ Date :<br />

ANNEXURE –I<br />

To,<br />

Sri / Smt / Kum _________________________<br />

1) ____________________________________<br />

2)_____________________________________<br />

Dear Sir,<br />

PERSONAL SEGMENT ADVANCES – HOUSING LOAN Rs._________________<br />

***<br />

With reference to your application for Housing Loan dated _________________ we hereby<br />

sanction you a Housing Loan Limit of Rs.____________________ (Rupees _____________<br />

________________________________only) on the following terms and conditions,<br />

(Exercise of option provided in paragraph 11 is mandatary).<br />

2) Purpose<br />

The loan is sanctioned to you for the purpose of purchase / construction / extension /<br />

Repairs / renovation of new / second-hand residential house / flat / (hereinafter referred to as<br />

the project) at the following address:<br />

_________________________________________________________________________<br />

_________________________________________________________________________<br />

3) Margin _________% of the total cost of the project.<br />

4) Rate of Interest :<br />

Interest on the amount of the loan will be applied at the rate of _______ per cent with a<br />

minimum interest rate of ______% p.a. rising and falling therewith at monthly rests<br />

calculated on daily balance of the loan amount. Provided that the bank shall at any time and<br />

from time to time be entitled to change the rate of interest depending on the changes of rate<br />

of interest in the Bank. Notwithstanding the above the bank is also entitled to increase the<br />

rate of interest, at its sole discretion and such revised rate of interest shall always be<br />

construed as agreed to be paid by the borrower (s) and hereby secured. Borrowers shall<br />

deemed to have notice of change in the rate of interest in the bank are increased interest<br />

rates by bank or either displayed or notified at / by the branch or published in news paper<br />

made through entry of interest charged in the pass book / statement of accounts sent to the<br />

borrower (s).<br />

Enhanced rate of interest @ 2% p.a on the entire Outstandings for the period of default over<br />

and above the applicable rate will be charged if the Equated Monthly Instalment (EMI)<br />

remains unpaid for a period of 30 days from the due date, for any reason, including a<br />

bounced cheque. Besides the bank shall also charge a penalty, the rate of which shall be at<br />

the discretion of the Bank, for every bounced cheque for any reason whatsoever in addition<br />

Crl. ADV-79 31


to the enhanced rate of interest as applicable (present rate – Rs.250/- for every bounced<br />

cheque).<br />

5) Repayment<br />

The loan is to be repaid in Equated Monthly Instalment of Rs.______________. The<br />

repayment instalment commences:<br />

(a) 2 months after completion of construction of house / flat or after eithteen months from<br />

disbursement of first instalment, where loan is released in instalments, whichever is<br />

earlier or<br />

(b)from the next month after the date of full disbursement in respect of outright purchase<br />

of house / flat / extension, repairs or renovation of an existing house / flat*. Your<br />

liability to the bank will be extinguished only when the outstanding in the loan account<br />

becomes NIL, on payment of residual amount if any.<br />

* delete which is inapplicable<br />

Prepayment Charges<br />

A prepayment charge of 2% of the amount prepaid will be levied in respect of pre closure of<br />

Housing loans before expiry of original tenure of the loan.<br />

6) Security :<br />

The loan will be secured by :<br />

a) Equitable / Registered mortgage / extension of mortgage of the land and building flat<br />

situated at _________________________________________________________<br />

for which the loan has been sanctioned, valued at<br />

Rs._______________________________ belonging to Sri / Smt /<br />

Kum_________________________________________________ S/o W/o D/o<br />

________________________________ {Borrower (s) } in favour of the Bank.<br />

b) Equitable / Registered Mortgage / extension of mortgage of the land and building /<br />

flat situated at ______________________________________________________<br />

valued at Rs._____________ belonging to Sri / Smt / Kum ____________________<br />

__________________ (Guarantor) S/o W/o D/o _________________________<br />

______________ and Sri /Smt / Kum ___________________________________<br />

S/o/ W/o / D/o ____________________________ (Guarantor) in favour of the Bank.<br />

c) Third Party Guarantee of _______________________________________________<br />

___________________________________________________________________<br />

d) ___________________________________________________________________<br />

___________________________________________________________________<br />

7) Utilisation of loan :<br />

The amount of the loan shall be utilized strictly for the purpose detailed in your application<br />

and in the manner prescribed. The construction of the house / flat or the modification /<br />

extention proposed by you in the existing house / flat should be strictly according to the plan<br />

approved by the Local Authorities / Town Planning and Development authorities. Any<br />

modification desired in the scheme as originally approved, can be under taken only after<br />

express sanction for it has been obtained in writing from the Bank.<br />

8) Insurance<br />

The house / flat shall be insured comprehensively for the market value covering fire, flood,<br />

etc., in joint names of the bank and the borrower.<br />

9) Inspection<br />

Crl. ADV-79 32


The Bank will have the right to inspect at all reasonable times, your property by an officer of<br />

the bank or a qualified auditor or a technical expert as decided by the Bank and the cost<br />

thereof shall be borne by you.<br />

10) Legal expenses etc.,<br />

All legal and other expenses, like solicitor’s and lowyer’s fees, valuer’s fees, insurance<br />

premia, stamp duty, registration charges and other incidental expenses incurred in<br />

connection with the loan shall be borne by you.<br />

11) Pre-EMI Interest<br />

Option for a<br />

one-time option<br />

to capitalize<br />

pre-EMI<br />

interest*<br />

Option for<br />

servicing of<br />

pre- EMI<br />

interest*<br />

The loan amount will be fixed suitably taking into account the<br />

approximate pre-EMI interest during the moratorium period, duly<br />

compounded at the applicable card rates (worked out on the<br />

presumption that the loan is disbursed in lumpsum on the date of first<br />

disbursement). The computation of the total loan amount (i.e., actual<br />

loan + pre-EMI interest) will be subject to fulfillment of income criteria<br />

eligibility and also subject to the extant instructions regarding Equated<br />

Monthly Instalment / Net Monthly Income (EMI / NMI) ration not<br />

exceeding (a) 57.50% in respect of borrowers aged below 45 years (b)<br />

50% in respect of borrowers aged 45 years and above. Please execute<br />

check-off authority with your employer / tender post-dated cheques<br />

towards the EMIs of the loan amount. After completion of the<br />

moratorium period, you will have an option to request to reset EMI<br />

based on the actual outstandings in the loan account after final<br />

disbursement subject to submission of revised check-off authority or<br />

tendering post dated cheques towards the EMIs so arrived at.<br />

Please tender post dated cheques drawn at monthly intervals for<br />

servicing of the amount of pre-EMI interest during the moratorium<br />

period.<br />

(*Score off whichever is not applicable).<br />

12) Disbursement<br />

The loan will be disbursed only on the following conditions:<br />

a) Title of the property proposed to be mortgaged is clear, absolute, unencumbered and<br />

marketable to the satisfaction of the Bank’s solicitor / Advocate and a valid mortgage<br />

(equitable or registered if equitable mortgage is not possible) has been created in<br />

favour of the Bank.<br />

b) All the security documents prescribed have been executed by you / co-applicant (s) /<br />

guarantor (s).<br />

c) The loan will be disbursed as under . (applicable where loans for construction is<br />

desired or purchase is through payment in instalments).<br />

i)<br />

Stage<br />

Amount (Rs.)<br />

ii)<br />

iii)<br />

Crl. ADV-79 33


13) The bank reserves the right to collect any tax if levied by the State / Central<br />

Government and / or other Authorities in respect of this transaction.<br />

Yours faithfully,<br />

BRANCH MANAGER.<br />

Received the original, I/We undersigned agree to the terms and conditions as set out in this<br />

letter. I/We have opted for (i) *servicing of Pre-EMI interest or (ii)* capitalization of pre-EMI<br />

interest (*Score off whichever is not applicable).<br />

_______________________________<br />

Signature of the Borrower (s)<br />

Date :<br />

Terms and conditions of the loan are accepted by me/us as a guarantor (s)<br />

Signature of the Guarantor (s)<br />

Date :<br />

Crl. ADV-79 34


ANNEXURE-J<br />

Preliminary agreement to be executed in the case of purchase of flat / house from promoters<br />

/ vendors<br />

(To be stamped as an agreement cum power of attorney)<br />

Place :<br />

Date :<br />

AGREEMENT TO MORTGAGE<br />

The Deccan Grameena Bank,<br />

_______________________ Branch.<br />

In consideration of Deccan Grameena Bank established under Regional Rural Banks<br />

Act, 1976, having its Head Office at Ranga Reddy District, Dilsukhnagar, Hyderabad and<br />

branch at _______________________ amongst other places (Hereinafter called the “the<br />

Bank”) having granted / agreed to grant me / us the advance of Rs._____________ for<br />

purchase and / or construction of house / flat, additions there to situated at<br />

_________________ more particularly described hereto. I/We _______________________<br />

son of ___________________ residing at _______________________________________<br />

__________________ hereby undertake to complete the purchase and / or construction in<br />

all respects in terms of the agreement of sale entered into between me / us and<br />

_________________________________ S/o.__________________________ residing at<br />

_______________________________________ copy of which annexed to this and to<br />

create an equitable mortgage of the said properties Scheduled hereto immediately on such<br />

completion as a first charge for repayment of all amounts due under the advance first<br />

referred to.<br />

I / We hereby agree that the construction of the building stipulated in the agreement<br />

of construction shall be completed and / or the sale deed in respect of the scheduled<br />

purchase of the same shall be completed expeditiously including obtention of possession by<br />

me / us of the building to be constructed, the transfer of ownership of the building in my / our<br />

said sale deed alongwith other title documents if any shall be deposited with the Bank for<br />

creation of equitable mortgage without any loss of further time.<br />

Further, I / We also agree that in case I / we commit any default to create the<br />

equitable mortgage of the scheduled property to the Bank within three weeks from the<br />

registration of the sale deed of the scheduled property on execution of this agreement, the<br />

Bank may at its discretion require me / us to create an equitable mortgage forthwith by<br />

issuing a registered notice giving 14 days time for creation of equitable mortgage within the<br />

Crl. ADV-79 35


said period of 14 days, the Bank may through any of its offices execute a legal mortgage in<br />

favour of through the Bank of the scheduled property as security for the advances so long as<br />

I / we are indebted to the Bank and all expenses incurred by the Bank in connection with this<br />

shall be debited to our account. I / We hereby irrevocably and absolutely appoint the Bank<br />

as my / our attorney to act in my / our name and execute the mortgage deed in my / our<br />

name and on my / our behalf in favour of the Bank’s mortgaging the properties described in<br />

the schedule hereto and present the mortgage deed for registration before the registrar /<br />

sub-registrar of assurance and admit execution of the mortgage deed and I / we agree to<br />

ratify and confirm all the deeds and things done by the Bank in pursuance of this authority.<br />

We undertake and declare that I / we shall not transfer or otherwise encumber the<br />

Scheduled properties to any other person except to the Bank so long as our indebtedness to<br />

the Bank in respect of the advance referred to above continues in the Books of the Bank.<br />

Notwithstanding anything contained hereinabove, I / we do hereby agree that the Bank shall<br />

always have a right to recover the dues from the Scheduled properties as the same is being<br />

purchased by me / us utilising the advance granted by the Bank.<br />

SCHEDULE REFERRED TO HEREINABOVE<br />

(Description of the immovable properties with short particulars of the flat proposed to be<br />

constructed)<br />

Name :<br />

Address :<br />

Signature.<br />

Crl. ADV-79 36


ANNEXURE – K<br />

(SPECIMEN OF MEMORANDUM OF LOAN AGREEMENT<br />

FOR HOUSING LOAN GRANTED TO PUBLIC).<br />

To be stamped as an agreement in accordance with the Stamp act in force in the State in<br />

which the document is executed and not to be attested.<br />

To<br />

<strong>DECCAN</strong> <strong>GRAMEENA</strong> <strong>BANK</strong> Place :<br />

Date :<br />

__________________________<br />

Dear Sir,<br />

Where as Deccan Grameena bank, a body corporate constituted under the RRBs Act,1976,<br />

having its Head office at Hyderabad and branches among other places and having one of its<br />

Branch offices at _____________________ (hereinafter called the “the Bank” which<br />

expression shall include its successors and assigns) having at my / our request {<br />

___________________________ Son / Daughter / wife of _____________________ at<br />

present aged around ________ years and ___________ residing at ___________________<br />

and ______________________________________________ Son / Daughter / wife of<br />

_____________________ at present aged around ______________years and residing at<br />

__________________ (hereinafter, called “the Borrower” which expression shall include his /<br />

her respective heirs, executors, administrators and (assigns)} granted me / us Housing Loan<br />

limit of Rs._________________ (Rupees ________________________________only) for<br />

purchase / construction of a flat / house or for extension / repairs / renovations of an existing<br />

house / flat (herein after referred to as the ‘project’) situated at<br />

_________________________________________________________________________<br />

_____________________________________<br />

2) In consideration of the grant of the said advance and continuance of the said facility for<br />

such time as the Bank may deem fit, I/We, “the Borrower(s)” do hereby irrevocably and<br />

unconditionally agree and undertake, so as to bind myself / ourselves, my / our heirs,<br />

executors, administrators, estates, assigns and effects as follows, viz.,<br />

a) The disbursement of the amount of the loan shall be at the Bank’s absolute discretion<br />

and shall be co-related to the actual progress in the construction of the project. Such<br />

disbursements shall be made by means of Bankers cheques drawn in favour of the<br />

builders / promoters duly authorised or to engineer / architect / contractor or to<br />

suppliers of goods and services when the construction is under taken by the<br />

Borrower and instruct you to make payment for the purpose of the ‘project’. The<br />

Bank may, at your discretion and at my / our request credit a part of the loan amount<br />

to my / our current / saving bank account (maintained in single or joint names) to<br />

Crl. ADV-79 37


enable me / us to make payments to suppliers of goods and services. I/We shall<br />

submit to the Bank, within a reasonable time, satisfactory proof of the proper<br />

utilization of the amount of the loan, such as Architect’s certificate, certifying the<br />

value of the work carried out, Contractor’s bills, stamped receipts, sale agreement,<br />

for house/flat etc. If considered necessary by the Bank, I/We shall produce at my/our<br />

cost, photographs showing the progress of construction work carried out by me/us<br />

which photographs besides showing portion of the neighboring properties, shall be<br />

certified by persons whose certificates are acceptable to the Bank.<br />

b) I/we shall repay the amount of loan as per arrangement/sanction letter which forms<br />

part of this Agreement in equated monthly instalments of Rs.______________ each<br />

till the entire loan with interest is fully repaid. The equated monthly instalments also<br />

include interest component. The Bank reserves the right to levy prepayment charges<br />

of 2% of the amount prepaid in respect of pre-closure of Home loans before expiry of<br />

the original tenure of the loan.<br />

Interest on the amount of the loan will be applied at the rate of _______ per cent with<br />

a minimum interest rate of ______% p.a. rising and falling therewith at monthly rests<br />

calculated on daily balance of the loan amount. Provided that the bank shall at any<br />

time and from time to time be entitled to change the rate of interest depending on the<br />

changes of rate of interest in the Bank. Notwithstanding the above the bank is also<br />

entitled to increase the rate of interest, at its sole discretion and such revised rate of<br />

interest shall always be construed as agreed to be paid by the borrower (s) and<br />

hereby secured. Borrowers shall deemed to have notice of change in the rate of<br />

interest in the bank are increased interest rates by bank or either displayed or<br />

notified at / by the branch or published in news paper made through entry of interest<br />

charged in the pass book / statement of accounts sent to the borrower (s).<br />

Without prejudice to the Bank’s other rights and remedies, the Bank shall be entitled<br />

to charge at its own discretion enhanced rates of interest on the outstanding in the<br />

loan account (s) or a portion thereof for any default or irregularity on my/our part<br />

which in the opinion of the Bank warrants charging of such enhanced rates of interest<br />

for such period as the Bank may deem fit. The equated Monthly instalments will<br />

have to be paid till the entire loan and the interest is fully repaid. Further, the amount<br />

of Equated Monthly instalment may change / increase as may be decided by the<br />

Bank. Besides the Bank shall also charge a penalty, the rate of which shall be at the<br />

discretion of the Bank, for every bounced cheque for any reason whatsoever in<br />

addition to the enhanced rate of interest as applicable.<br />

Such enhanced interest will start accruing from the date of disbursement of the loan<br />

or the date of disbursement of the first instalment of the loan where such loan is paid<br />

in instalments or from 30 days from the due date of equated monthly instalments<br />

(EMI) if it remains unpaid for a period of 30 days from the due date for any reason,<br />

including bounced cheque.<br />

c) If the loan amount has been utilized by me/us for purchase of ready built house/flat,<br />

I/We shall pay the first such monthly instalment following the month in which the loan<br />

amount is disbursed to me/us. The subsequent monthly instalments shall be paid<br />

before the last day of each subsequent month. If the loan amount has been utilised<br />

for construction of / additions to house/flat, I/we may be permitted to pay the first<br />

such monthly instalment till 2 months after the month in which the house/flat has<br />

been completed or on the expiry of 18 months from the date of disbursement of the<br />

first instalment, whichever may be earlier. The subsequent monthly instalments will<br />

be paid before the expiry of each subsequent month.<br />

d) Pre-EMI Interest:<br />

Crl. ADV-79 38


(i) *I/We have opted for servicing of Pre-EMI interest and have already delivered or<br />

hereby undertake to deliver post-dated cheques drawn at monthly intervals for<br />

servicing of the amounts of Pre-EMI interest during the moratorium period.<br />

(ii) *I/We have opted for capitalizing the Pre-EMI interest and agree that loan amount<br />

will be fixed suitably taking into account approximate Pre-EMI interest during the<br />

moratorium period as detailed in paragraph pertaining to the Pre-EMI interest in<br />

the Arrangement letter dated ___________ I/We hereby unconditionally agree to<br />

execute necessary authority in favour of my/own employer or tender post-dated<br />

cheques towards EMIs of the loan amount. If necessary I/We would request for<br />

resetting of EMIs based on the actual outstandings in the loan account after final<br />

disbursement.<br />

(*score off whichever is not applicable)<br />

e) I/We declare and confirm that the amount of the loan or the balance then outstanding<br />

shall become payable at once in case of my death or death of anyone of us. In case of<br />

death, the Bank may, at its discretion, continue the loan provided sufficient collateral<br />

security is furnished by my/our legal heirs/surviving borrower(s) or some satisfactory<br />

arrangement for repayment acceptable to the Bank has been made by my/our legal<br />

heirs/surviving borrower (s).<br />

f) I/We shall arrange for the payment for the equated monthly instalments from my/our<br />

monthly salary or in whatever manner deemed fit* or by debit on the due dates from the<br />

Current/ Saving Bank account with Branch/or any other Branch where I/We may hold<br />

the account singly or jointly and to appropriate the same in repayment of the said loan<br />

and interest. I/We shall execute in favour of the Bank a letter of authority addressed to<br />

my/our employers to recover and pay to the Bank the equated monthly instalment from<br />

my/our salary every month*.<br />

*Delete if not appropriate.<br />

g) On demand I/We agree to deliver to the Bank post dated cheques for the monthly<br />

instalments and warrant that the cheques will be honoured on first presentation. Any<br />

non-presentation of a cheque due to any reason will not affect my/our liability to pay the<br />

monthly instalments or any other sum. I/We agree to forthwith replace the cheques,<br />

issue fresh cheques if required by the Bank. I/We shall not be entitled to call upon the<br />

Bank to refrain from presenting any cheque for payment and if I/We do so, the Bank<br />

shall nevertheless be entitiled to present the cheque for payment and in the event of<br />

dishonour the provisions under the Negotiable Instruments Act, shall apply. I/We also<br />

agree to pay a penalty as stipulated by the Bank from time to time, for every bounced<br />

cheque for any reason whatsoever in addition to the enhanced rate of interest as<br />

applicable.<br />

h) I/We declare and confirm that on my/our retirement, the outstanding amount of the loan<br />

sanctioned to me will become repayable at once. The Bank may, at its discretion,<br />

continue the loan provided satisfactory arrangement for repayment, acceptable to the<br />

Bank has been made by me/us.<br />

i) In the event of cessation of my/our business / service with my/our employers by way of<br />

resignation or otherwise (expect as a result of death or retirement); I/We undertake to<br />

repay to the Bank forthwith on demand the balance principal amount of the loan, or the<br />

balances then outstanding whichever is higher.<br />

j) In the event of my/our ceasing to be in business / service of my/our employer whether<br />

by retirement, resignation, death or by operation of law or for any other reason or cause<br />

whatsoever and howsoever the Bank shall be entitiled at its discretion to write to my/our<br />

employers to appropriate and set off (i) any amount which may then be payable by<br />

my/our employers to me/us whether by way of salary, allowance, bonus, other<br />

remuneration or any payment (whether ex-gratia or otherwise) whatsoever and (ii) any<br />

Crl. ADV-79 39


amount that may be standing to the credit of any account which I/we may have with<br />

my/our employers or with the Bank, either singly or jointly, towards repayment of the<br />

balance that may be then remaining due and payable by me/us in my/our said loan<br />

account together with interest thereon at the applicable rates upto the date of such<br />

repayment. Any such appropriation made by the Bank or my/our employers shall be<br />

conclusive and binding on me/us and my/our estate both in and out of court. In any<br />

event my/our liability to make repayment of the entire dues immediately shall remain<br />

valid till the entire amount with applicable interest as up to the date of payment has<br />

been realized by the Bank whether by way of recovery from my/our employer or<br />

otherwise.<br />

k) I/We will not sell, assign, mortgage, charge or in any way encumber or alienate the said<br />

flat/house or any part thereof so long as I/We am/are indebted to the Bank in the said<br />

loan account without prior permission of the Bank in writing. I/We undertake to give<br />

prior intimation to the Bank before letting out/giving on lease and license the said<br />

falt/house.<br />

l) The loan shall be secured by a valid equitable/ legal mortgage of the land /house /flat<br />

purchased / constructed by me/us for which the Loan facility is provided by<br />

executing/registering such documents in such form as may be decided by the Bank.<br />

I/We shall, if required by the Bank, give such further security as acceptable to the Bank<br />

forthwith on demand by the Bank, give such further security as acceptable to the Bank<br />

forthwith on demand by the Bank. In case it is not possible to create security by way of<br />

mortgage as aforesaid I/We shall forthwith on demand arrange for other collateral<br />

securities, by way of pledge / hypothecation, such as bank’s Fixed Deposits, National<br />

Savings Certificates, Kisan Vikas Patra, Life Insurance Policies, Promissory notes<br />

issued by the Govt, shares or debentures of the companies, sufficient quantity of gold or<br />

gold ornaments or other articles or things acceptable to the Bank as security for the<br />

loan. The loan shall also be secured by the grarantee of a person acceptable to the<br />

Bank and good for the loan amount involved and by mortgage of the guarantor’s<br />

property also or pledge / assignment / hypothecation of other securities acceptable to<br />

the Bank, if need be.<br />

m)I/We shall obtain at my/our cost and produce for the satisfaction of the Bank a certificate<br />

from the Advocate / solicitors approved by the Bank certifying that I/We will have clear,<br />

valid and marketable title to the land/ house / flat proposed to be purchased by me/us<br />

and agree that the Bank shall be entitled not to disburse any amount of the loan until<br />

such certificate has been produced by me/us.<br />

n) I/We shall maintain the flat/house in good tenantable repair and condition at my/our cost<br />

at all times so long as I/we am/are indebted to the Bank and that I/We shall ensure that<br />

the Bank’s security is not in any way jeoparidized. I/We shall duly and punctually pay<br />

the charges, if any, payable to the Co-operative Housing Society / condominium<br />

association and also all the municipal/revenue taxes, charges, rates, cesses etc., from<br />

time to time payable by me/us in respect of the flat/house. The Bank shall be at liberty<br />

to inspect the flat/house at any reasonable time and I/we shall furnish all such<br />

information/particulars whatsoever as and when called upon to do so by the Bank. I/We<br />

shall provide the required no-objection consent for creating a charge on the property<br />

secured for the Loan, from the Society/Condominium or any other permissions by any<br />

authority necessary for creating the security in favour of the Bank.<br />

o) I/We shall at my/our cost insure and keep insured in the joint names of myself/ourselves<br />

and the Bank my/our house/flat at all times against fire, flood cyclone, typhoon,<br />

lightning, explosion, riot, strike, earthquake risks and other acts of God for such other<br />

risks for its full market value as desired by the Bank from time to time and shall<br />

endeavor to get the building in which my/our flat is situated insured against fire, flood,<br />

cyclone, typhoon, lightning, explosion, riot, strike,earthquake, risks and other acts of<br />

God at all times by the Co-operative housing society/apartment owner/association or<br />

Crl. ADV-79 40


any other body under whose control the building is vested. I/We shall deliver copies of<br />

the insurance policies, cover notes, premium receipts, etc., to the Bank. If I/we fail to<br />

effect such insurance the Bank will be at liberty but not obliged to insure the said<br />

house/flat against fire, flood, cyclone, typhoon, lightning, explosion, riot,<br />

strike,earthquake, risks and other acts of God and debit the premium and other charges<br />

to any of my/our accounts with the Bank. I/We expressly agree and declare that the<br />

Bank shall be entitled to adjust, settle, compromise or refer to arbitration any dispute<br />

between the insurance company and the insured arising from or under or in connection<br />

with any such policy or policies of insurance and such adjustment, settlement,<br />

compromise or any award made on such reference to arbitration shall be valid and<br />

binding on me/us. I/we further agree that the Bank shall have a right to receive all<br />

moneys payable under any such policy or under any claim made there under and to<br />

give a valid receipt therefore and that the amount so received shall be credited to<br />

my/our loan account and I/we will not be entitled to raise any question that a larger sum<br />

might or ought to have been received or to dispute my/our liability for the balance<br />

remaining due on such account after such credit.<br />

p) I/We agree and declare that notwithstanding anything contained herein or in any other<br />

security documents the entire amount of the loan or the balances then due shall, if so<br />

decided by the Bank, become forthwith due and payable by me/us to the Bank, upon<br />

the happening of any of the following events and the Bank shall be entitled to enforce its<br />

dues and security.<br />

i. any instalments of the principal remaining unpaid for a period exceeding one<br />

month after the due date for payment thereof has expired;<br />

ii.<br />

iii.<br />

any interest including penal interest remaining unpaid and in arrears for a period<br />

of one month after the same has become due whether demanded or not;<br />

any breach or default in the performance or observance of any of the covenants<br />

contained in these presents and/or the security documents or any other term or<br />

condition relating to the term loans;<br />

iv. entering into any arrangement or composition with my/our creditors or committing<br />

any act of insolvency;<br />

v. any execution or distress being enforced or levied against the whole or any part<br />

of my/our property;<br />

vi.<br />

a receiver being appointed in respect of the whole or any part of my/our property;<br />

vii. the occurrence of any circumstances which is prejudicial to or impairs, imperils or<br />

depreciates or which is likely to prejudice, impair, imperil or depreciate the<br />

security given to the Bank; and<br />

viii. the occurrence of any events or circumstances which prejudicially or adversely<br />

affect in any manner my/our capacity to repay the amount due under the loan.<br />

On the question whether any of the above event/s has/have happened, the decision<br />

of the Bank shall be conclusive and binding on me/us.<br />

Provided always that the Bank may in its discretion refrain from forthwith enforcing its<br />

rights under this Agreement in spite of the happening of the contingencies aforesaid<br />

and provided further that the failure or delay by the Bank in exercising any right,<br />

power or privilege hereunder or under any of the security documents shall not<br />

impair/extinguish the same or operate as waiver of the same nor shall any single or<br />

partial exercise of any right, power or privilege preclude any further exercise of the<br />

same or the exercise of any other right, power or privilege. The rights and remedies<br />

herein and in the security documents are cumulative and not exclusive of any rights<br />

and remedies provided by the law.<br />

Crl. ADV-79 41


q) I/We also agree that the Bank shall also be entitled to transfer loan account to any of<br />

the branches of the Bank after giving due notice to me/us.<br />

r) I/We shall abide by the terms and conditions of the sanction of the loan to me/us as<br />

mentioned in the arrangement letter/sanction letter which forms part of this<br />

agreement and also to the rules for such loans which are now in force and also those<br />

which may be altered, revised, amended, added from time to time by the Bank / the<br />

Reserve Bank of India / Central Government / State Government.<br />

s) The undertakings, authority and agreements herein contained shall be irrevocable so<br />

long as I/we continue to be liable to the Bank in the said loan account.<br />

t) I/we hereby further agree that as precondition of the loan/advance given to me/us by<br />

the Bank, that in case of default in repayment of the loan / advances or in the<br />

repayment of the interest thereon or any of the agreed installment of the loan on due<br />

date/s, the Bank and /or the Reserve Bank of India will have an unqualified right to<br />

disclose or publish my/our name(s), details and photograph(s) as defaulter in such<br />

manner and through such medium as the Bank or Reserve Bank of India in their<br />

absolute discretion may think fit.<br />

u) I/We further agree that the Bank is at liberty to disclose/share my/our Credit<br />

information to/with Information Company formed under the Credit Information<br />

Company (Regulation), 2005, as to the loans granted to me/us and the nature of the<br />

securities given by me/us, the guarantees furnished to secure the said loans whether<br />

fund based or non-fund based, my/our credit worthiness and any other manner which<br />

the RBI may consider necessary for inclusion in the Credit Information to be collected<br />

and maintained by Credit Information Companies and the Bank is not liable in any<br />

manner to me/us for providing the information as aforesaid to the Information<br />

Company.<br />

v) I/We agree that the Bank has absolute right to assign the agreement in favour of any<br />

person including securitization company or reconstruction company under the<br />

SARFAESI Act and on such assignment, I/We will be liable to such assignee as if<br />

assignee is the Bank/lender and assignee will have all rights against me/us and as<br />

well as over properties either given as security or otherwise to recover all<br />

debts/liabilities payable by me /us under this agreement.<br />

I/We declare that I have understood all the terms and conditions for the sanction of this<br />

loan and agree to abide by the same and also by the rules and regulations which may be<br />

issued by the Bank in future from time to time and in the event of my/our failing to do so,<br />

the Bank will have a right to recall the advance without prejudice to the Bank’s right to<br />

take such appropriate action as the Bank may deem it fit and proper.<br />

Signed and delivered by :<br />

Shri/Smt./Kum ______________________________(Borrower)<br />

(Signature)<br />

Shri/Smt./Kum ______________________________(Borrower)<br />

(Signature)<br />

Signed for and on behalf of Deccan Grameena Bank by<br />

Shri /Smt.____________________________<br />

(Branch Manager______________________Branch, an authorized officer of Deccan<br />

Grameena Bank.)<br />

Crl. ADV-79 42


MORTGAGE DEED<br />

ANNEXURE-L<br />

1. This deed of mortgage made this _____________ day of ______________ 20_____<br />

between __________________________, S/o._________________________________<br />

(hereinafter called the Mortgagor) which expression shall unless excluded by or<br />

repugnant to the subject or context include his / her heirs, executors, administrators,<br />

representatives, assigns and transferee in interest of the one part and the Deccan<br />

Grameena Bank, a Regional Rural Bank constituted under the Regional Rural Banks Act,<br />

1976 and having its Head Office at Ranga Reddy District, Dilsukhnagar, Hyderabad and<br />

a branch at ___________________ amongst other places (hereinafter called the<br />

Mortgagee) which expression shall unless excludtred by or repugnant to the subject or<br />

context include its successors, transferees-in-interest and assigns of the other part.<br />

2. Whereas the mortgagor is the sole and absolute owner of piece of land having been<br />

purchased by the mortgagor ____________________________ under the sale deed<br />

dated and registered on ___________________, more particularly described in<br />

Schedule-I hereunder, delineated and shown in the plans and the Inthikhab Jamabandis<br />

attached hereto, the said piece of land according to the present market value, valuing<br />

about Rs.__________________.<br />

3. And whereas the Mortgagor has approached the Mortgagee to provide him with finance<br />

to construct / acquire a residential house / flat on the said peace of land / make additions<br />

to the existing house for exclusive use of the Mortgagor.<br />

4. And whereas the Mortgagee has agreed to grant loan of the amount of<br />

Rs.____________ (hereinafter referred to as the loan) to the mortgagor for the aforesaid<br />

purpose subject to the terms and conditions governing the advance of such loans in<br />

question and their modifications from time to time at the instance of the mortgagee and<br />

subject to the terms and conditions as hereinafter appearing.<br />

5. And whereas the aforesaid parcel of land constitute the above property of the mortgagor<br />

and the mortgagor is the sole and absolute owner thereof.<br />

6. And whereas the said property is uptil now not subject to any change, burden or<br />

encumbrance of any kind whatsoever and the mortgagor has an un-impeacheable and<br />

an absolutely perfect marketable title to the same.<br />

7. And whereas the Mortgagee has agreed to accept as a security for repayment of the loan<br />

together with interest and charges the mortgage of the aforesaid parcel of land and also<br />

of the residential building to be constructed on the said land as per plan approved by<br />

attested copies where of are attached hereto (the said parcel of land and residential<br />

building and other fixtures and construction to be raised in the circumstances as<br />

aforesaid hereinafter referred to as the mortgaged premises).<br />

8. Now, therefore, for the consideration as aforesaid, the mortgagor do thereby transfer to<br />

the mortgagee by way of simple mortgage the mortgaged premises together with all<br />

present and future rights advantages, privileges, title and interest in the said mortgaged<br />

premises and in all and overall, the considerations, fixtures, erections and additions of all<br />

description whatsoever which may at any time during the continuance of this security be<br />

erected or added or affixed to the said property or any part thereof, to hold the same unto<br />

mortgage as a security for the repayment by the mortgagor the amount of loan for the<br />

time being remaining outstanding against the mortgagor together with the interest<br />

thereon and charges as hereinafter mentioned, and subject also to the rules and<br />

regulations governing the advance of the loan in question.<br />

9. The mortgagor hereby covenants with the mortgagee as under -<br />

(a) So long as this mortgage shall be subsisting on the loan account, the mortgagor shall<br />

not create, execute or concur in this creation or execution of any other security or<br />

Crl. ADV-79 43


encumbrance of any kind over or affecting the mortgaged premises or any part or<br />

parts thereof in favour of any person, firm or company whatsoever or otherwise<br />

transfer the mortgaged premises or property to transfer anywise, let or licence his/her<br />

interest in the same or part with the possession thereof save with the prior written<br />

permission of the mortgagee and save to the extent and in the manner permitted<br />

thereby.<br />

(b) During the continuance of this security, the mortgagor shall not put the mortgaged<br />

premises to any other use except using that as residential house.<br />

(c) During the continuance of this security the mortgagor shall without the previous<br />

consent of the mortgagee in writing, pull down, demolish or remove any building, or<br />

other structures, erections or fixtures and fittings comprised in the mortgaged<br />

premises and hereby mortgaged or any part thereof except in ordinary course of<br />

repairs, maintenance or improvements, and will in such cases restore or procure to<br />

the restored such building structures or erections or other fixtures and fittings as the<br />

case may be or replace the same or procure the same to be replaced by another of<br />

similar nature and of equal value.<br />

(d) The mortgagor shall at all times during the continuance of the loan presents and<br />

security hereby created pay all the ground rates, taxes and impositions present as<br />

well as future all dues and goings whatsoever payable in respect of the mortgaged<br />

premises immediately the same shall have become due and will keep the same every<br />

part thereof in substantial state of repair and working.<br />

(e) The mortgagor shall keep such of the mortgaged premises as are of insurable nature<br />

and the fixtures, fittings, installations, erections and construction herein comprised<br />

and hereby mortgaged insured in the joint names of the mortgagor and mortgagee<br />

against the loss or damage by fire, flood, earthquake, cyclone, typhoon, lightening,<br />

explosion, riot and other acts of God and also all other risks as may be required by<br />

the mortgagee from time to time on the basis of replacement cost or other basis of<br />

valuation satisfactory to the mortgagee in such insurance office of repute to be<br />

approved of in writing by the mortgagee and the mortgagor shall duly pay all premia<br />

for renewal of such insurance and shall leave with the mortgagee all policies of such<br />

insurance effected by the mortgagor in terms of these presents and in such cases it<br />

shall be lawful for but not obligatory upon the mortgagee to effect insurance and / or<br />

to pay the premia and be lawful for but not obligatory to do so to repair and keep<br />

substantial repair and in order the mortgaged premises and part thereof and pay all<br />

such properties and assets by this security on the basis of replacement cost or such<br />

other basis satisfactory to the mortgagee and for such time as the mortgagee shall<br />

think proper and in cases of any claim arises under such insurance shall at the option<br />

of the mortgagee either be applied towards replacement or repairs to the said assets<br />

or the satisfaction of the mortgagee as under.<br />

(f) Nothing herein before mentioned shall absolve the mortgagor from paying to the<br />

mortgagee and the mortgagor shall forthwith on demand by the mortgagee pay to the<br />

mortgagee all moneys, outgoings, charges, expenses, dues and duties as mentioned<br />

hereto before together with interest thereon at the specified rates from time to time of<br />

same having been incurred and until repayment and the same shall form a charge on<br />

the said mortgaged premises, the personal liability of the mortgagor shall also<br />

remain.<br />

(g) The mortgagor shall permit the mortgagees and its servants and agents either alone<br />

or with workmen and others from time to time at all reasonable time to enter into and<br />

upon the mortgaged premises and to inspect the same and for any of the purposes<br />

as aforesaid.<br />

10. All buildings, structures or any other erections and installations which may be<br />

constructed or erected in connection with the mortgaged premises or any part or parts<br />

Crl. ADV-79 44


thereof or which may be installed or fixed or added to the mortgaged premises stand<br />

included in this security.<br />

11. The mortgagor hereby further declares and agree as under :-<br />

(a) If default is made by the mortgagor in payment of any moneys for the time being<br />

outstanding against him/her according to the terms and conditions governing the<br />

advance of the loan in question or payment of interest at the rate and in the time as<br />

specified therein; or<br />

(b) If default shall be made by the mortgagor in performance and in observance of any<br />

covenant condition or provision governing the advance of the loan in question; or<br />

(c) If the mortgagor without the previous written consent of the mortgagee sells or parts<br />

with his interest in the mortgaged premises or any part thereof; or<br />

(d) If the mortgagor is deprived of the whole or part of this security by or in consequence<br />

of any sort or commission of the mortgagor; or<br />

(e) If the mortgagee shall be of the opinion that circumstances exist under which the<br />

mortgagee’s interest is in jeopardy; or<br />

(f) If by any cause the mortgaged premises are partially destroyed or the security is<br />

rendered insufficient and the mortgagee gave the mortgagor a reasonable<br />

opportunity for providing further security enough to render the security sufficient to<br />

the satisfaction of mortgagee and the mortgagor fails to do so; or<br />

(g) If it is found hereafter that the title of the mortgagor over the mortgaged premises was<br />

defective;<br />

Then and in any one or more of such cases, the moneys for the time being owing by<br />

the mortgagor to the mortgagee shall at the option of the mortgagee immediately<br />

become payable to the mortgagee and the Bank shall be entitled to exercise any of<br />

its rights, remedies in its discretion for realisation of the mortgage and the decision of<br />

the bank as to whether any one or more of the aforesaid circumstances exist shall be<br />

conclusive and binding on the mortgagor. In the event of the amount due not being<br />

fully satisfied from the sale proceeds of the mortgaged premises, the mortgagor shall<br />

be personally responsible to repay the balance to the mortgagee.<br />

12. The mortgagor hereby further declares and covenants with the mortgagee as under :<br />

(a) The loan agreed to be advanced shall be disbursed to the mortgagor in the manner<br />

as below:-<br />

i) Before starting the construction to enable the same being started Rs._______.<br />

ii) On completion of the plinth :<br />

iii)<br />

iv)<br />

On _________________.<br />

On _________________.<br />

v) The amount of loan advanced shall be repayable in instalments set out in the II<br />

schedule and interest on the amount lent as advanced shall be payable with<br />

each instalment as per the rate specified below:<br />

vi)<br />

The mortgagor has good right and full power and absolute authority to create<br />

the present mortgage in respect of the mortgaged premises and every part<br />

thereof as evidenced by presents unto the end to the use of the mortgagee in<br />

the manner as aforesaid.<br />

On payment of the amount due to the mortgagee from the mortgagor, the<br />

mortgagee at the cost of the mortgagor shall transfer the mortgaged premises<br />

to the mortgagor free from its encumbrance and charge thereof accruing due<br />

or vesting in the mortgage and shall release the said property from the<br />

Crl. ADV-79 45


encumbrance and thereupon this mortgage shall be deemed to be<br />

extinguished.<br />

In witness whereof the parties hereto have executed this deed day and year first above<br />

mentioned.<br />

SCHEDULE-I : DESCRIPTION OF MORTGAGED PROPERTY<br />

SCHEDULE-II : REPAYMENT SCHEDULE RATE OF INTEREST<br />

MORTGAGOR.<br />

WITNESSES :<br />

1. Signature : 2. Signature :<br />

Name : Name :<br />

Address : Address :<br />

Crl. ADV-79 46


ANNEXURE – M<br />

GUARANTEE AGREEMENT<br />

(To be stamped as an agreement in accordance with Stamp Act in force in the State in which<br />

this document is executed. Not to be attested.)<br />

The _____________________<br />

<strong>DECCAN</strong> <strong>GRAMEENA</strong> <strong>BANK</strong><br />

_________________________<br />

Place :<br />

Date :<br />

Dear Sir,<br />

In consideration of the Deccan Grameena Bank (hereinafter referred to as “the Deccan<br />

Grameena Bank”) having agreed to grant/granted at my/our request an advance of<br />

Rs._______________(Rupees __________________________________) by way of loan to<br />

Shri/Smt/Kum_______________________________________________ son of /wife of/<br />

daughter of Shri______________________________(Thereinafter referred to as “the<br />

Borrower”) for purchasing flat/construction of house/flat, addition thereto<br />

at________________________________________________________________________<br />

_________________________________________________________________________<br />

_________________________________________________________________________<br />

(Detailed particulars of property are to be stated)<br />

I/We Shri/Smt/Kum_____________________________________ Son of/wife of/daughter of<br />

Shri _____________________________ and Shri/Smt/Kum________________________<br />

Son of wife of / daughter of Shri__________________________________________residing<br />

at_________________________________ hereby guarantee repayment of all money at any<br />

time payable by the Borrower to the Bank in respect of the said loan made to the Borrower<br />

with interest thereon and the due performance and observance by the Borrower of the terms<br />

pertaining to the loan including the Loan Agreement dated _________________executed by<br />

the Borrower in favour of the Deccan Grameena Bank and the terms and conditions<br />

contained in the agreement letter dated __________________ issued by the Deccan<br />

Grameena Bank to the borrower (hereinafter called the said agreement) and the payment of<br />

all costs and expenses incurred by the Bank in relation thereto and I/We also agree to pay<br />

and make good to the Bank on demand all losses, costs, damages and expenses occasion<br />

to the Bank by reason of non payment of the said monies, cost and expenses or any part<br />

thereof or the breach, non-performance or non-observance of any of the terms under the<br />

said agreement as aforesaid, subject to the terms and conditions hereinafter contained.<br />

That my/our liability under this guarantee is co-extensive with that of the Borrower as if i/we<br />

were the principal debtor(s) of the Bank and the amount due under this agreement will be<br />

recoverable from me/us without any recourse to the Borrower and it shall not be obligatory<br />

on the Bank to call upon the Borrower to pay the amount first or to take any action against<br />

Crl. ADV-79 47


the borrower before enforcing the guarantee against me/us nor shall it be necessary for the<br />

Bank to join the Borrower in any suit against me/us. I/we further agree that the guarantee<br />

given there under is irrevocable and enforceable not withstanding any dispute or any suit<br />

that may be pending between the Bank and the Borrower.<br />

That the guarantee given shall be continuing one.<br />

That on demand being made by the Bank for the payment of any amount under this<br />

guarantee the same shall be paid without demur or protest by me/us and the notice for the<br />

claim sent to me/us shall be conclusive of the amount due from me/us under the terms of the<br />

guarantee.<br />

The Bank shall be at liberty and without the consent or knowledge of me/us at any time or<br />

from time to time to grant to the Borrower or any person liable for him any time or indulgence<br />

and to determine enlarge or vary the amount of the loans and advances to take or not to take<br />

and if taken to vary exchange or take other security or release or part with any securities<br />

held or to be held by the Bank for or on account of the loans and advances or any part<br />

thereof and to compound or make any other arrangement with the Borrower or any person<br />

so liable with or for the Borrower without releasing or discharging and/or in any manner<br />

affecting my/our liability under the guarantee.<br />

That the guarantee hereby given is independent and distinct from any security that the Bank<br />

has taken or may take in any manner whatsoever whether it be by, way of hypothecation,<br />

pledge and/or mortgage and /or any other charge over goods, book debts, movables and<br />

other asset and/or any other property movable or immovable and that I/We have not given<br />

the guarantee upon any understanding, faith or belief that the Bank has taken and or may<br />

hereafter take any or other such security and that not withstanding the provisions of sections<br />

140 & 141 of the Contract Act, 1872 or any other provision of that Act or any other law, I/We<br />

will not claim to be discharged to any extent because of the Bank’s failure to take any or<br />

other such security or in requiring or obtaining any or other such security or losing, or parting<br />

with for any reason whatsoever including reasons attributable to its default and negligence<br />

benefit of any other such security or any rights to any or other such security that have been<br />

or could have taken and in the event of the Bank so losing or parting with security the<br />

guarantor (s) shall be deemed to have consented to acquiesce in the same.<br />

That without prejudice to the effect in any manner whatsoever of the foregoing clause, where<br />

the loans and advances are secured or intended to be secured in any manner whatsoever by<br />

or over any property movable or immovable whatsoever by way of hypothecation, pledge<br />

and/or mortgage of and/or any charge over goods; book debts. Movable and other assets by<br />

or under any agreement (s) or letter (s) or otherwise I/We will not be concerned in any<br />

manner with any or other such security that the Bank has taken or proposes to take or may<br />

take and that the Bank’s failure in requiring or obtaining any other such security in the<br />

observance or performance of any of stipulations or terms contained in any agreements(s) if<br />

any or letter (s) and the default of the Bank in requiring or endorsing observance or<br />

performance of any of the said stipulations of terms shall not have the effect of releasing<br />

me/us from my/our liability and / or prejudicing the Bank’s rights or remedies against me /us<br />

under the Agreement or otherwise.<br />

That the Bank shall be at liberty to take other securities for the loans and advances or any<br />

part thereof and to release or for bear to enforce all or any of its remedies upon or under<br />

such securities and any collateral security or securities now held by the Bank and that no<br />

such release or forbearance as aforesaid shall have the effect of releasing me/us from<br />

my/our liability or of prejudicing the Bank’s rights and remedies against me/us under the<br />

terms of the guarantee and that I/We shall have no right to the benefit of any other security<br />

that may be held by the Bank until the claim of the Bank against the Borrower in respect of<br />

the loans and advances and of all the other claims (if any) of the Bank against the Borrower<br />

on any other account whatsoever shall not have been fully satisfied and then in so far only<br />

Crl. ADV-79 48


as such security shall not have been exhausted for the purpose of realizing the amount of<br />

the said Bank’s claims and rateably only with other guarantors or other persons if any<br />

entitled to the benefit of such securities respectively.<br />

That not withstanding anything contained in Section 133 of the Indian Contract Act or in any<br />

other provisions of law. I/We will not claim to be discharged to any extent because of the<br />

Bank varying any of the terms and conditions whether contained in any agreement (s) or<br />

letter (s) and on which the loan has been made to the borrower and for this purpose and in<br />

particular any excess drawings over and above the sanctioned limit of the loans and<br />

advances allowed by the Bank at or without the specific request of the Borrower shall not<br />

discharge me/us from my/our liability under this guarantee.<br />

I/We hereby agree (s) that not withstanding any variation made in the terms of the Loan<br />

Agreement dated ______________ or any other Agreement or letter inter alia including<br />

variations in the rate of interest, extending the date of payment of the instalments and on<br />

which the loan has been made or any composition made between the Bank and the<br />

Borrower or any agreement on the part of the Bank to give time to or not to sue the Borrower<br />

or the Bank parting with any of the securities given by the Borrower. I/We shall not be<br />

released or discharged of his/their obligations under this guarantee provided that in the event<br />

of any such variations or composition or agreement the liability of me/us shall not<br />

withstanding anything herein contained be deemed to have accrued and I/We shall be<br />

deemed to have become liable hereunder on the date or the dates on which the borrower<br />

shall become liable to pay the amount/amounts due under the above referred to Agreements<br />

as a result of such variation or composition or agreement.<br />

That if the Borrower shall become insolvent, bankrupt or makes any arrangement or<br />

composition with creditors, the Bank (not withstanding payment to the Bank by me/us or any<br />

other person of the whole or any part of the amount hereby secured) rank as creditor and<br />

may prove against the estate of the Borrower for the full amount of all the Bank’s claims<br />

against the Borrower or agree to and accept any composition in respect thereof and the<br />

Bank may receive and retain the whole of the dividends, compensation or other payments<br />

thereof to the exclusion of all my/our rights as guarantor (s) for the Borrower in competition<br />

with the Bank until all the Bank’s claims are fully satisfied and I/We will not be paying off the<br />

amount payable by me/us or any part thereof or otherwise prove or claim against the estate<br />

of the Borrower until the whole of the Bank’s claims against the borrower, in respect of all the<br />

liabilities whatsoever have been satisfied and the Bank may enforce and recover payment<br />

from me/us of the full amount payable by me/us notwithstanding any such proof or<br />

composition as aforesaid.<br />

I/We shall not stand discharged by transfer of the loan account of the borrower from one<br />

branch to another and such transfer of the account shall not be deemed as a variation of the<br />

terms of the contract.<br />

That any notice by way of demand or otherwise may be given by the Bank to me/us sending<br />

the same by post and addressed to me/us and the notice shall be deemed to have been<br />

given at the time when it will be delivered in the ordinary course of post and it will be<br />

sufficient in order to prove service of any such notice and to prove that the envelope<br />

containing the same was posted and the certificates signed by any officer duly authorised by<br />

the bank in this regard that the envelope was posted, shall constitute such proof.<br />

That I/We herein authorise the Borrower(s) to acknowledge the debt, on his behalf also and<br />

any such acknowledgment or payment made by the Borrower(s) in respect of the Loan shall<br />

and shall always deem to extend the Limitation as against the guarantor (s) also.<br />

I/We agree that the Bank has absolute right to assign this agreement in favour of any person<br />

including securitisation company or reconstruction company under the SARFAESI Act and<br />

on such assignment, I/We will be liable to such assignee as if assignee is the Bank/lender<br />

Crl. ADV-79 49


and the assignee will have all rights against me/us and as well as overall properties either<br />

given as security of otherwise to recover all debts / liabilities payable by me/us under the<br />

agreement.<br />

That the guarantee herein contained shall not be determined or affected by the death of<br />

me/us hereunder but shall in all respects and for all purposes be binding and operative on<br />

my/our successor (s) heir (s) and assigns until repayment of all moneys secured by and due<br />

to the Bank under the loan granted to the Borrower.<br />

We further agree that I/We shall be jointly and severally liable to the bank for the entire<br />

outstanding in respect of the loan and that the Bank shall be at liberty to sue either or any of<br />

us inrespect of such liability without joining the other or others of us and notwithstanding any<br />

degree in any such suit subsequently to sue the others of us and to proceed to judgement<br />

and execution at the option of the Bank until its claim, is fully satisfied.<br />

I/We understand that as a precondition, relating to grant of the loans/ advances / other nonfund<br />

based credit facilities to ____________________________________ and furnishing of<br />

guarantee in relation thereto, the Bank, (DGB), require consent of the guarantor (s) of the<br />

credit facility, granted/ to be granted, by the Bank for disclosure of, information and data<br />

relating to the guarantor (s), any credit facility availed of by the guarantor (s) obligations as<br />

assumed by the guarantor (s) in relation there to and default, if any, committed in discharge<br />

thereof.<br />

Accordingly, I/We hereby agree and give consent for the disclosure by the Bank of all or any<br />

such:<br />

a. information and data relating to me/us<br />

b. the information or data relating to in credit facility granted / to be granted, by the Bank<br />

and guaranteed by me/us as a guarantor and<br />

c. default if any, committed by me/us in discharge of my/our such obligations as the<br />

Bank may deem appropriate and necessary to disclose and furnish to CIBIL and any<br />

other agency authorised in this behalf by RBI.<br />

I/We declare that the information and data furnished by me/us to the Bank are true and<br />

correct. I/We undertake that:<br />

a. the CIBIL and any other agency so authorized may sue, process the said<br />

information and data disclosed by the Bank in the manner as deemed fit by them;<br />

and<br />

b. the CIBIL and any other agency so authorised may furnish for consideration, the<br />

processed information and data or products thereof prepared by them, to<br />

banks/financial institutions and other credit grantors or registered users, as may be<br />

specified by the RBI in this behalf.<br />

Signed and delivered by the said<br />

Shri _______________________________ (Guarantor)_____________________<br />

Shri _______________________________ (Guarantor)_____________________ and<br />

Place __________________<br />

Date __________________<br />

Crl. ADV-79 50


(LETTER FROM NON-CORPORATE BORROWER(S)<br />

CONFIRMING THE DEPOSIT OF THE TITLE DEEDS)<br />

Place :<br />

The Manager, Date :<br />

Deccan Grameena Bank,<br />

_________________ Branch.<br />

ANNEXURE-N<br />

Dear Sir,<br />

I/We am/are writing this to confirm that I/We have deposited with the Bank on<br />

_________________ documents of title relating to my / our property at<br />

____________________ _____________________________ described below (hereinafter<br />

referred to as the “said property”) with the intention of creating an equitable mortgage on the<br />

said property by way of collateral security for the amounts due to the Bank from me/us/the<br />

concern of _______________ under the following credit facilities extended to me / us / the<br />

concern of ____________________ by the Bank :<br />

Nature of Facility<br />

Limit (Rs.)<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

--------------<br />

Total<br />

---------------<br />

& also as security for all other liabilities & indebtedness past present and future to the Bank.<br />

* Delete if not applicable<br />

The said property belongs to me/us absolutely and as such no one else has any interest<br />

therein. The said property is under my / our sole occupation (a portion of the building is<br />

under tenancy occupation on monthly rent).<br />

There is no subsisting agreement for the sale of the said property nor has any prospective<br />

or any intending purchase taken possession of it or a part of it. The said property is free<br />

from encumbrances.<br />

THE SCHEDULE-I REFERRED TO HEREIN ABOVE<br />

(List of documents of title)<br />

THE SCHEDULE-II REFERRED TO HEREIN ABOVE<br />

(Description of the immovable properties)<br />

Yours faithfully,<br />

For Messrs<br />

(Signature)Proprietor/Partner(s)/Karta<br />

Crl. ADV-79 51


ANNEXURE-O<br />

(LETTER FROM NON-CORPORATE BORROWER(S) CONFIRMING THE<br />

DEPOSIT OF TITLE DEEDS FOR EXTENSION OF THE EXISTING MORTGAGE)<br />

The Branch Manager,<br />

Deccan Grameena Bank,<br />

_________________ Branch.<br />

Place :<br />

Date :<br />

1. I/We am/are writing this to confirm that I/we have deposited with the Bank on<br />

___________ the documents of title relating to my/our property situated at<br />

_________________ Village, ____________________ Mandal, ___________________<br />

District described below (hereinafter referred to as the “said property”) with the intention of<br />

creating an equitable mortgage over the said property by way of security for the amount due<br />

to the Bank from me/us/ the concern of _______________ under the following credit facilities<br />

extended to me/us/the concern of _____________________ by the Bank.<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

Total<br />

Nature of Facility<br />

Limit (Rs.)<br />

-------------<br />

--------------<br />

& also as security for all other liabilities & indebtedness past, present and future to the Bank.<br />

2. At my/our request you were pleased to grant me/us/the said concern of<br />

______________ an enhancement of the above mentioned credit facilities as noted below :<br />

(Rs.)<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

Nature of Facility Original Limit(Rs.) Enhanced Limit<br />

--------------<br />

Tota --------------<br />

3. This is to confirm that consequent upon the enhancement of the credit facilities as<br />

stated above and for the purpose of having the enhanced limit of the credit facilities<br />

covered by the security of the said property, I/we called on you on<br />

__________________ and admitted and declared in the presence of yourself and Shri<br />

_____________________________ that the benefit to the Bank of the mortgage by<br />

deposit of title deeds relating to the said property created, as stated above on<br />

Crl. ADV-79 52


__________________ shall also apply for, stand extended to and cover the enhanced<br />

aggregate limits of Rs.__________________ granted to me/us/the concern of<br />

______________________________ by the Bank, besides the said property being<br />

security for all the liabilities and indebtedness due or falling due to the Bank.<br />

4. The said property belongs to me/us absolutely and no one else has any interest therein.<br />

The said property is under my/our sole occupation.<br />

5. There is no subsisting agreement for the sale of the said property nor has any<br />

prospective any intending purchaser taken possession of it or part of it. The said<br />

property is free from encumbrances, save the mortgage already created in favour of the<br />

Bank.<br />

THE SCHEDULE-I REFERRED TO HEREIN ABOVE<br />

(List of documents of title)<br />

THE SCHEDULE-II REFERRED TO HEREIN ABOVE<br />

(Description of the immovable properties)<br />

Yours faithfully,<br />

For Messrs<br />

(Signature)<br />

Proprietor/Partner(s)/Karta<br />

Crl. ADV-79 53


ANNEXURE-P<br />

OUTRIGHT PURCHASE OF HOUSE / APARTMENT / FLAT<br />

Certificate of Inspection submitted by<br />

Sri ________________________________ (designation)<br />

Place :<br />

Date :<br />

I have inspected the house / flat / apartment No.__________ situated at<br />

____________________ on __________________ to be purchased by Sri<br />

____________________________________ under loan account No.__________________.<br />

The House / Flat / Apartment is in good condition. It is in tune with the approved sanctioned<br />

plan issued by the Competent Authority and also in terms of documents submitted by the<br />

borrower. I have made spot inspection regarding the house / flat / apartment under<br />

construction.<br />

Yours faithfully,<br />

(Sri/Smt/Kum._______________________)<br />

Branch Manager<br />

Crl. ADV-79 54


ANNEXURE-Q<br />

CONSTRUCTION OF HOUSE / APARTMENT-CERTIFICATE OF<br />

PERIODICAL INSPECTION SUBMITTED BY<br />

SRI ________________________ (DESIGNATION)<br />

Place :<br />

Date :<br />

I have inspected the house / flat / apartment No.____________ situated at<br />

_________________ to be constructed /purchased by Sri ___________________________<br />

under loan account No._____________ on _________________.<br />

The details of the inspection are as follows :<br />

(1) Earlier date of inspection as per records.<br />

(2) Earlier stage of construction.<br />

(3) Present stage of construction<br />

I hereby confirm that the construction so far is in tune/not in tune with the approved<br />

sanctioned plan and terms of sanction.<br />

There is *deviation / No deviation.<br />

The details of irregularity observed by me are as follows.<br />

* delete whichever is not applicable.<br />

Yours faithfully,<br />

(Sri/Smt/Kum._______________________)<br />

Branch Manager<br />

Crl. ADV-79 55


ANNEXURE-R<br />

Place :<br />

Date :<br />

Authorisation letter to receive the sale deed<br />

From : To :<br />

________________________<br />

________________________<br />

_________________________<br />

________________________<br />

The Registrar of assurances,<br />

Sale deed dt._____________________ conveyance deed executed on _______________<br />

by ____________________ and between may self and Sri / Smt. _____________________<br />

for purchase of house / flat / apartment No.__________ situated at __________<br />

The subject sale deed / conveyance deed has been lodged with your office on<br />

____________ for registration vide your S.No.___________________<br />

I / We have been sanctioned house loan by Deccan Grameena Bank Hyderabad<br />

______________ Branch purchase of the house / flat / apartment which is properly acquired<br />

by me under the above said sale deed / conveyance deed.<br />

I / we hereby authorise you to directly deliver the said original sale deed / conveyance deed<br />

after registration at your office to Manager, Deccan Grameena Bank<br />

____________________ Branch.<br />

I / we authorise the Manager, Deccan Grameena Bank ______________________ Branch<br />

to directly receive on my / our behalf the said sale deed, after registration from your office.<br />

Kindly note this and forward the sale deed/ conveyance deed after registration to the<br />

Manager of Deccan Grameena Bank ______________________ Branch.<br />

Thanking You.<br />

Yours Faithfully,<br />

Signature .<br />

Crl. ADV-79 56


The Branch Manager,<br />

Deccan Grameena Bank,<br />

_________________ Branch.<br />

LETTER OF PLEDGE<br />

Place :<br />

Date :<br />

ANNEXURE-S<br />

Dear Sir,<br />

Sub: - HOUSING LOAN OF RS.___________________ SANCTIONED TO ME.<br />

As per the terms of sanction advise dated _______________ and housing loan agreement<br />

dated ____________ I herby tender and pledge to the Bank, F.D.Rs. standing in my name,<br />

the details of which are mentioned herebelow as additional securities for the repayment of<br />

liabilities under the housing loan account with your branch.<br />

I hereby confirm that no prior lien or charge of whatsoever nature and to any extent has been<br />

created on the said F.D.Rs.<br />

I also herby declare that the Bank shall be entitled at its absolute discretion to encash the<br />

FDRs at any time even before the due date on which the said F.D.Rs. mature for payment or<br />

at any time after the date of maturity and without any prior notice to me and adjust the<br />

proceeds thereof towards discharge of my liability / ies under the housing loan account or<br />

any other account standing in my name or jointly with other /s.<br />

In the event of insufficiency of amounts so realized for clearing of the liabilities, I here by<br />

undertake to pay the shortfall on demand by the Bank with interest at the rate of as<br />

demanded while making the demand by the bank for payment. I here by authorise and<br />

empower you to renew the FDR, from the time to time if considered necessary by the bank<br />

at its absolute discretion without any reference to me and / or to my legal heirs for any period<br />

as deemed necessary of appropriate the net proceeds thereof towards discharge of the<br />

liability / ies under the housing loan account aforesaid.<br />

Subject to the above, the security hereby created shall be governed by relevant terms and<br />

conditions contained in the subject housing loan agreement executed by me.<br />

No. of Deposit<br />

Certification &<br />

date<br />

PARTICULARS OF F.D.R. RECEIPTS<br />

Issuing branch Date of maturity Amount of<br />

Deposit / face<br />

value<br />

Maturity value<br />

Signature<br />

Crl. ADV-79 57


HOUSING LOAN AGREEMENT<br />

ANNEXURE - T<br />

This Memorandum of Agreement made on this the ______ day of ________, 20 ____,<br />

by______________ S/o. _________________ R/o. _________________, (hereinafter<br />

referred to as ‘borrower’ which expression shall unless repugnant to the context or meaning<br />

there of be deemed to include him / her and his / her heirs, executors, administrators, legal<br />

representatives., successors, ad assigness) IN FAVOUR OF Deccan Grameena Bank,<br />

constituted under RRB’s Act, 1976, having its Head Office at Hyderabad and among other<br />

places a branch at ________________, (hereinafter referred to as “Bank” which expression<br />

shall unless repugnant to the context or meaning there of be deemed to include its<br />

successors and assignees).<br />

WHEREAS by an application dated ____________, the borrower has requested the bank to<br />

finance the purchase / construction of the flat / house / additions and alterations on the<br />

borrower’s existing house etc., the full details of which are given in the schedule herein and<br />

to grant to the borrower a sum not exceeding Rs. ______________ (Rupees<br />

______________ ______________________)<br />

Hereinafter called “Said Loan”<br />

WHEREAS bank has at such request of the borrower agreed to grant a Housing Loans of<br />

Rs._________________ (Rupees ______________________________________) subject<br />

to interalia to the terms and conditions contained in the sanction advise dated<br />

______________, this Agreement / Mortgage Deed, and any other documents that may be<br />

executed hereafter in respect of the said loan and all such other terms and conditions as<br />

may be deemed necessary and notified from time to time by the bank to the borrower.<br />

NOW THIS INDENTURE WITNESSETH THAT IN CONSIDERATION OF THE ABOVE<br />

PREMISES IT IS HEREBY COVENANT AND AGREED BY THE BORROWER AS<br />

FOLLOWS:<br />

1) The borrower agrees and declare that he is bound to the Bank in principal a sum of<br />

Rs.______________ (Rupees _________________________________) only, interest<br />

thereon as specified below, charges expenses, costs, etc., to be paid to the Bank as<br />

herein after provided, for which payment the borrower hereby binds himself, his legal<br />

representatives, executors and assigness.<br />

2) The borrower agrees that the disbursement of the amount of the loan shall be at the absolute<br />

discretion of the Bank and to be correlated to the actual progress of the construction of the<br />

house / flat / additions and will be made by means of Bankers Cheque drawn in favour of the<br />

builder / contractor / vendors / parties / suppliers to whom the borrower hereby authorises the<br />

Bank to make the payment for the purpose of acquisition / construction / additions or<br />

alterations of / to house / flat / apartment.<br />

3) The borrower agrees that interest shall be charged on the outstandings of the loan account<br />

at a minimum of ____% p.a. or at such rates as may be determined by the bank from time to<br />

time at bank’s sole discretion on the basics of the market conditions that take place during<br />

the period of the Agreement or on account of changes in interest rates prescribed by R.B.I.<br />

form time to time. Bank shall also be entitled to charge at its own discretion such enhanced<br />

rates of interest on the loan account as it may fix for any irregularity in repayment of loan<br />

instalments and interest.<br />

4) The borrower agrees that interest shall be charged on the daily balances of the loan<br />

account with monthly rests according to the practice of the Bank.<br />

5) The borrower further agrees that he is liable to reimburse or pay to the bank such amount as<br />

might have been paid or payable by the bank to Central or State Governments on account of<br />

tax levied on the interest / or other charges on the loan. The reimbursement or payment shall<br />

be made by the borrower as and when called upon by the bank.<br />

Crl. ADV-79 58


6) The borrower agrees and undertakes that the principal sum of the loan, interest and<br />

other charges and any other dues payable by the borrower under this Agreement shall<br />

be secured by the mortgage of the property described in the schedule and the bank shall<br />

have the right to decide in its sole discretion the type of mortgage or any other or any<br />

additional security it may require and the borrower shall be bound to execute the<br />

mortgage / accordingly and also furnish any such other or additional security as required<br />

by the Bank.<br />

7) The borrower agrees and gives his consent to bank for converting the mortgaged<br />

securities given by him to tradable securities and for being sold and for obtaining any<br />

loan on the securities offered by the borrower, but without prejudice to his rights of<br />

redemption of the mortgage.<br />

8) The borrower further agrees that he has no objection for the bank creating a charge over<br />

the schedule property for which the loan is advanced by way of security in favour of<br />

National Housing Bank or any other institution and also permission of the borrower as a<br />

mortgager to the bank as a mortgagee to transfer its interest in the immovable property<br />

to National Housing Bank or any other institution as security.<br />

9) The borrower agrees that he shall repay the amount of the principle together with<br />

interest, costs, charges, expenses, and other monies, due to the bank by such<br />

instalments and on such dates as given herein or as stipulated / rescheduled by the<br />

Bank from time to time until the entire amounts due under this Agreement have been<br />

paid. If there is any default in payment of any one of such instalments on due date, the<br />

bank shall be at liberty to demand payment of and the borrower shall be bound and<br />

liable to pay forth with on such demand the entire balance outstanding amount in the<br />

loan account. In the case of borrower’s default in repayment of any one of loan<br />

instalments along with accrued interest and in case of borrower’s breach or any of the<br />

terms and conditions of this Agreement, Bank without prejudice to its right to recall the<br />

entire loan amount, shall charge, without notice, a penal interest at 2% over and above<br />

the normal interest or at such rate as determined by Bank on the default amount or on<br />

the loan amount as the case may be till repayment of the amount.<br />

a. Principal loan amount: - Monthly /quarterly / half yearly instalment of Rs._________<br />

(Rupees ____________________________________ ) each in ____________ instalments,<br />

first of which falls due on _________________ (date) and subsequent instalments shall<br />

become due on the corresponding date of every month quarter / half year.<br />

b. Interest: The interest is repayable as and when accrued / applied / debited to the loan a/c.<br />

10) The borrower declares, affirms, confirms, that<br />

a. He is not in default under any Law, Rule, Regulation, Order, Mortgage, Trust,<br />

instalment, agreement, or other instruments, arrangement, obligation, or duty by<br />

which the borrower is bound.<br />

b. No litigation or administrative or arbitration proceeding of or before any Court,<br />

Government authority, or Arbitrator is presently taking place, pending, or threatened<br />

against the borrower or against any of the assets of the borrower including the<br />

schedule property.<br />

11) The borrower agrees, declares, affirms, that<br />

b. The loan amount shall be utilised exclusively for the purpose for which it is<br />

sanctioned and shall not be diverted for any other purpose without written consent of<br />

the bank.<br />

c. The borrower shall complete the said construction as indicated by him in the loan application<br />

or otherwise and obtain and produce to bank the proper completion certificate issued by the<br />

municipal corporation or municipality or the authority concerned.<br />

Crl. ADV-79 59


d. The borrower shall promptly notify any event or circumstance which might operate as<br />

a cause of delay in the commencement or completion of the construction.<br />

e. The borrower shall arrange for the execution of the letter in the Bank’s prescribed<br />

Proforma by the builder / contractor / vendor of the flat / house.<br />

f. The borrower shall maintain the house, when completed, in good order and condition<br />

and will make all necessary repairs, additions and improvements thereto during the<br />

pendency of the loan.<br />

g. The borrower shall notify any change in his employment, business or profession<br />

within seven days of the change.<br />

h. The borrower shall duly and punctually comply with all the terms and conditions of<br />

the holding of the house and all the rules, regulations, by-laws etc., of the concerned<br />

co-operative society, association, limited company or any other competent authority<br />

and pay such maintenance and other charges for the upkeep of the house as also<br />

any other dues etc as may be payable in respect of the said house or the use thereof.<br />

i. The borrower shall promptly inform bank of any loss or damage to the property which<br />

the borrower may suffer due to any force majeure of act of God, such as earthquake,<br />

flood, storm, tempest or typhoon etc., against which the property may not have been<br />

insured.<br />

j. The borrower shall notify and furnish details of any additions to or alterations in the<br />

house which might be proposed to be made during the pendency of the loan.<br />

k. The borrower agrees that bank or any person authorised by it shall have free access<br />

to the property for the purpose of inspection / or supervising and inspecting the<br />

progress of construction to ensure proper utilisation of the loan.<br />

l. The borrower shall abide by the term and conditions of the sanction of loan and also<br />

objects which may be lawfully revised, amended, added from time to time by the<br />

bank / RBI /Government.<br />

m. The borrower shall at his cost insure and keep insured in the joint names of himself<br />

and the Bank the schedule property at all times against fire, flood, cyclone, typhoon<br />

lightning explosion, riot, strike, earthquake risks and other risks or acts of God and for<br />

such other risks for its full market value as desired by the Bank from time to time and<br />

shall endeavour to get the building in which the flat is situated insured against fire,<br />

flood, cyclone, typhoon, lightening, explosion, riot, strike, earthquake risks and other<br />

risks or acts of God at all times by the Cooperative Housing Society / Apartment<br />

Owners/ Association or any other body under whose control the building is vested.<br />

Borrower shall deliver the insurance policies, cover notes, premium receipts etc., to<br />

the Bank for inspection. If Borrower fails to effect such insurance the Bank may at its<br />

discretion but not bound to insure the said house / flat against fire, flood, cyclone,<br />

typhoon, lightning, explosion, riot, strike, earthquake risks and other risks and acts of<br />

God and debit the premium and other charges to any of Borrower accounts with the<br />

Bank. Borrower expressly agrees and declares that the bank shall be entitled to<br />

adjust, settle, compromise or refer to arbitration any dispute between the insurance<br />

company and the insures arising from or under or in connection with such policy or<br />

policies of insurance and such adjustment settlement compromise or any award<br />

made on such reference to arbitration shall be valid and binding on Borrower. The<br />

Borrower further agrees that the Bank shall have a right to receive all moneys<br />

payable under any such policy or under any claim made thereunder and to give a<br />

valid receipt therefor and that the amount so received shall be credited to Borrower’s<br />

loan account and the Borrower will not; be entitled to raise any question that a larger<br />

sum might or ought to have been received or to dispute his liability for the balance<br />

remaining due on such account after such credit.<br />

Crl. ADV-79 60


The borrower agrees and declares that.<br />

a) He will not let, sublet, the said flat / house or any pat there of or give it on lease and<br />

license basis or otherwise part with possession thereof to any other person during<br />

the currency of the loan except with the banks specific permission in writing .<br />

b) The borrower shall not sell, mortgage, lease, assign charge, surrender, or in any way<br />

encumber or alienate the schedule property or any part thereof during the currency of<br />

the loan without permission of bank in writing.<br />

c) The borrower shall not enter into any Agreement or Arrangement with any person,<br />

institution, or local or Government body for the use, occupation or disposal of the<br />

said property or any part thereof during the pendency of the loan.<br />

d) The borrower shall not change residential use of the property, if the property is used<br />

for any purpose other than residential purpose, in addition to any other action which<br />

bank might take, bank shall be entitled to charge, in its sole discretion such higher<br />

rate of interest as it might fix in the circumstances of the case.<br />

e) The borrower shall not amalgamate or merge his property with any other adjacent<br />

property nor shall he create any right of way of any other easement on the property.<br />

f) The borrower shall not leave India for employment or business or for long term stay<br />

abroad without fully repaying the loan then outstanding together with interest and<br />

other dues charges including prepayment charges as per the rules of Bank then in<br />

force.<br />

12) The borrower confirms the accuracy of the information given in his loan application and<br />

any prior or subsequent information or explanation given to the bank in this behalf.<br />

13) The borrower confirms and assures that he has absolute, clear and marketable title to<br />

the schedule property to be mortgaged by him as security for the loan and the said<br />

property absolutely unencumbered and free from any liability whatsoever and the<br />

borrower indemnifies and keeps the bank safe and harmless against any risk<br />

whatsoever in respect of the title of the borrower over the schedule property.<br />

14) The borrower further confirms that there are no mortgages, charges, inpendency or<br />

lease or other encumbrance or any rights of way, light, or water or other easement got<br />

right of support on the well or any part of the property of the borrower.<br />

15) The borrower declares and confirms that the schedule property is not included or<br />

affected by any way of the schemes of Central / State Governments or of the Trust or<br />

any other Public Body or legal authority or by any laying, widening or construction of<br />

road under any scheme of the State / Central Government or of any corporation,<br />

municipal committee, Gram panchayat, etc.<br />

16) The borrower confirms that he has disclosed all facts relating to his property to the bank<br />

and has made available to the bank all title deeds in his possession.<br />

17) The borrower confirms and agrees that he has paid and shall pay all public demands<br />

such as income tax and all other taxes and revenues payable to the Government or to<br />

any other local authority and there are no such arrears of taxes and revenues due and<br />

outstanding.<br />

18) The borrower agrees that the outstandings in the loan accounts granted by the Bank,<br />

not-with-standing any thing contained herein or in any other security document, shall if<br />

so decided by the bank become forthwith due and payable by the borrower to the bank<br />

upon happening of any of the following events and the bank shall be at its discretion<br />

entitled to enforce its security.<br />

(a) any instalment of the principal remaining unpaid for a period exceeding one month<br />

after the due date for payment thereof has expired.<br />

Crl. ADV-79 61


(b) any interest remaining unpaid and in arrears for a period of one month after the same<br />

have become due whether demanded or not.<br />

(c) The borrower committing any breach or default in the performance or observance of<br />

any of the covenants contained in these presents and/or the borrower’s proposal<br />

and/or the security documents or any other term or condition relating to the term<br />

loans.<br />

(d) The borrower entering into any arrangement or composition with the borrower’s<br />

creditors or committing any act of insolvency.<br />

(e) any execution or distress being enforced or levied against the whole or any part of<br />

the schedule property.<br />

(f) a receiver being appointed in respect of the whole or any part of the schedule<br />

property of the borrower.<br />

(g) the occurrence of any circumstance which is prejudicial to or impairs, imperils or<br />

depreciates or which is likely to prejudice, impair or depreciate the security given to<br />

the bank; and<br />

(h) the occurrence of any event or circumstance which prejudicially or adversely affect in<br />

any manner the capacity of the borrower to repay the amount due under the term<br />

loans. On the question whether any of the above events has happened, the decision<br />

of the bank shall be conclusive and binding on the borrower.<br />

Provided always that the Bank may in its discretion refrain from forthwith enforcing its<br />

rights under this Agreement inspite of the happening of the contingencies aforesaid<br />

and provided further that the failure or deal by the Bank in exercising any right, power<br />

of privilege hereunder or under any or the security documents shall not impair<br />

extinguish the same or operate as waiver of the same nor shall any single or partial<br />

exercise of any right, power or privilege preclude any further exercise of the same or<br />

the exercise of any other right, power or privilege. The rights and remedies provided<br />

herein and in the security documents are cumulative and not exclusive of any rights<br />

and remedies provided by Law.<br />

19) The borrower agrees to reimburse all reasonable costs incurred by the bank after event<br />

of default has occurred in connection with the preservation of the Borrowers Assets or<br />

Collection of amounts due under this Agreement.<br />

20) The borrower agrees, declares, affirms and confirms that not withstanding any of the<br />

provisions of the contract act or any other law, or any terms and conditions to the<br />

contrary contained in this Agreement and/or any security documents any payment made<br />

by the borrower to the Bank shall unless otherwise agreed to by the Bank in writing be<br />

appropriated by the Bank in the manner following:-<br />

(a) Firstly towards costs, charges, expenses, and other money, due and payable or<br />

becoming due and payable to the Bank.<br />

(b) Secondly towards interests due and payable and/or accruing due and payable to the<br />

Bank; and<br />

(c) Lastly towards repayment of the amount of any instalment(s) of the principal sum due<br />

and payable for becoming due and payable to the Bank.<br />

all the aforesaid amounts having become due and payable and/or becoming due and<br />

payable by the borrower to the bank under this Agreement and/or under any of the<br />

security document executed between the borrower and the Bank whether the<br />

recovery thereof has or has not become barred by any law in force for the time being<br />

as to the limitation of suits.<br />

Crl. ADV-79 62


21) Any notice or communication or demand by the Bank in writing to the Borrower under<br />

this Agreement or any security documents shall be deemed to have duly given to the<br />

borrower by sending the same by post addressed to the borrower at the address notified<br />

by the borrower and such notice or communication or demand shall be deemed to have<br />

been received by the borrower four days after the date of posting thereof and shall be<br />

sufficient if signed by any officer of the bank and in proving such service it shall be<br />

sufficient if it is established that the envelope containing such notice, communication or<br />

demand was properly addressed and put into the post office.<br />

22) The borrower shall bear and pay all costs, charges, and expenses (between advocate<br />

and client) including stamp duty Registration and their charges payable in respect of this<br />

Agreement and also in respect of other security documents to be executed between the<br />

parties hereto as stipulated in this Agreement and if any penalty or charges are paid or<br />

become payable by the Bank, the borrower shall pay to the Bank the amount thereof<br />

with interest thereon at the rate aforesaid forthwith on demand by the Bank.<br />

23) The borrower agrees that the bank is under no obligation to give any notice or intimation<br />

regarding borrower’s obligation to pay loan instalments or interest on the due dates or<br />

changes in the interest rates made by the Banks from time to time under this<br />

Agreement, which shall be entirely borrower’s responsibility to ensure prompt and<br />

regular payment of instalments and interest. It is also agreed by the borrower that any<br />

delay in payment of instalment or interest shall render that borrower liable to additional<br />

interest as per rules of the bank in that regard as in force from time to time.<br />

24) The borrower agrees that the bank in its sole discretion and on such terms as to<br />

prepayment charges etc. as it may prescribe, prompt acceleration of monthly<br />

instalments or prepayment at the request of the borrower.<br />

25) Borrower agrees and declares that no delay in exercising or omission to exercise, any<br />

rights, power or remedy accruing, bank upon any default under this Agreement,<br />

mortgage deed, or any other document or agreement, shall impair any such right, power<br />

or remedy or shall be construed to be waiver thereof or any acquiesce any such default<br />

nor shall the action or any action of bank in respect of any default or any action by it in<br />

any default affect or impair any right, power, or remedy of bank in respect of any other<br />

default.<br />

SCHEDULE OF THE PROPERTY<br />

(DETAILS OF THE PROPERTY WITH BOUNDARIES)<br />

IN WITNESS WHEREOF THE BORROWER SHALL EXECUTE THIS PRESENCE THE<br />

DAY AND YEAR FIRST; HEREIN ABOVE WRITTEN.<br />

SIGNATURE OF BORROWER<br />

Crl. ADV-79 63


ANNEXURE-“U”<br />

(UNDER TAKING FROM APPLICANT WHERE A HOUSING LOAN IS GRANTED FOR<br />

PURCHASE OF PLOT OF LAND)<br />

The Branch Manager<br />

Deccan Grameena Bank<br />

_________________ Branch<br />

Dear Sir,<br />

HOUSING FINANCE – APPLICATION FOR A LOAN FOR PURCHASE OF PLOT OF<br />

LAND<br />

This has reference to my / our application dated _____________ for a loan of<br />

Rs.____________ for purchase of a plot of land for construction of a dwelling unit thereon. I<br />

hereby give an undertaking that I will be constructing a house on the said plot of land within a<br />

period of two years. In the event of my failing to construct a house within two years, the bank<br />

will be free to charge a higher rate of interest as deemed fit by the bank or even to recall the<br />

loan.<br />

Yours faithfully,<br />

(__________________)<br />

(Name (s) & Addresses)<br />

Crl. ADV-79 64

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