The Redeemable Deed is a crucial document in Indian property financing, commonly used when property owners need to secure loans while retaining the right to reclaim their property. This document type is essential in situations where a property owner wishes to use their real estate as collateral while ensuring their right to redeem it upon fulfilling specified conditions, typically the repayment of a loan. The deed must comply with Indian legal requirements, including the Transfer of Property Act, 1882, Registration Act, 1908, and state-specific stamp duty laws. It contains detailed information about the property, parties involved, loan terms, redemption conditions, and rights and obligations of both mortgagor and mortgagee. The document is particularly important in protecting both the lender's security interest and the borrower's right to redemption, making it a fundamental instrument in Indian property and lending transactions.
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1. Parties: Details of the Mortgagor (property owner) and Mortgagee (lender), including full names, addresses, and legal capacity
2. Background: Context of the deed, including the loan agreement or circumstances leading to the creation of the redeemable deed
3. Definitions: Definitions of key terms used throughout the deed
4. Property Details: Comprehensive description of the property being mortgaged, including its location, boundaries, and registration details
5. Consideration: Details of the loan amount or consideration for which the property is being mortgaged
6. Redemption Terms: Specific conditions and terms under which the property can be redeemed, including payment schedule and deadline
7. Rights and Obligations: Detailed rights and obligations of both parties during the mortgage period
8. Possession and Management: Terms regarding possession and management of the property during the mortgage period
9. Insurance and Maintenance: Requirements for property insurance and maintenance responsibilities
10. Default Provisions: Consequences and procedures in case of default in payment or breach of terms
11. Governing Law: Specification of Indian law as the governing law and jurisdiction details
1. Power of Attorney: Optional clause granting specific powers to the mortgagee, used when additional authority is required for property management
2. Third Party Rights: Used when there are existing tenants or other third-party interests in the property
3. Environmental Compliance: Required for industrial or commercial properties subject to environmental regulations
4. Assignment Rights: Include when either party needs the right to assign their interests under the deed
5. Force Majeure: Optional clause dealing with unforeseen circumstances, particularly relevant for long-term arrangements
6. Dispute Resolution: Detailed arbitration or mediation procedures, if parties prefer alternative dispute resolution to court proceedings
1. Schedule A - Property Description: Detailed technical description of the property including measurements, boundaries, and survey numbers
2. Schedule B - Title Documents: List of title documents and their chain of custody proving ownership
3. Schedule C - Payment Schedule: Detailed repayment schedule including dates, amounts, and method of payment
4. Schedule D - Existing Encumbrances: List of any existing mortgages, liens, or encumbrances on the property
5. Schedule E - Property Photos and Plans: Physical description including photographs, architectural plans, and property maps
6. Appendix 1 - Required Permits: Copies of necessary permits, approvals, or certificates related to the property
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