The Mortgage Affidavit is a fundamental document in Indian property financing transactions, required by financial institutions and regulatory authorities to establish the legal status of a property being offered as security. This sworn statement, executed before a authorized official, contains crucial declarations about property ownership, existing encumbrances, tax compliance, and other material facts. The document is essential for protecting the interests of lending institutions and ensuring transparency in mortgage transactions. It must comply with various Indian laws including the Transfer of Property Act, 1882, the Registration Act, 1908, and state-specific regulations. The affidavit serves as a risk mitigation tool for lenders and can be used as evidence in legal proceedings if any declarations are found to be false.
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1. Affidavit Opening: Formal opening stating the deponent's name, age, occupation and address
2. Verification of Identity: Details of identification documents and proof of identity of the deponent
3. Property Details: Complete description of the property being mortgaged including its location, boundaries, and dimensions
4. Title Declaration: Declaration of legal ownership and right to mortgage the property
5. Encumbrance Status: Declaration regarding any existing loans, charges, or encumbrances on the property
6. Purpose of Mortgage: Statement describing the purpose of taking the mortgage and intended use of funds
7. Property Value Declaration: Declaration of the fair market value of the property and basis of valuation
8. Compliance Declaration: Statement confirming compliance with all applicable laws and regulations
9. Tax Status: Declaration regarding payment of all property taxes and utility bills
10. Verification Clause: Standard closing verification stating that the contents are true and correct
11. Signature Block: Space for deponent's signature and details of the authority before whom the affidavit is sworn
1. Co-owner Declaration: Required when the property has multiple owners, including their consent for the mortgage
2. Previous Mortgage History: Needed if the property was previously mortgaged and later released
3. Agricultural Land Declaration: Required when the property is agricultural land, confirming compliance with land ceiling laws
4. Inheritance Details: Required when the property was inherited, showing clear succession
5. Power of Attorney: Needed when the affidavit is being executed through a power of attorney holder
6. Court Proceedings Declaration: Required if there are any pending legal proceedings related to the property
7. Non-NRI Declaration: Required for confirming the residential status of the owner if relevant to the transaction
1. Property Documents: List of all title and ownership documents relating to the property
2. Identity Proof Documents: Copies of submitted identity documents of the deponent
3. Tax Receipts: Copies of recent property tax and utility bill payments
4. Property Photos: Recent photographs of the property from different angles
5. Location Map: Detailed map showing the location and boundaries of the property
6. Encumbrance Certificate: Copy of recent encumbrance certificate from relevant authority
7. Valuation Report: Professional valuation report of the property if obtained
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