Lost property document
1983 - Builder to First buyer - Agreement lost but have Xerox copy
1993 - First buyer to second buyer - agreement made but was not registered in 1993 and in 2013 stampduty was paid. still agreement is not registered
2015 - Second buyer to thrird buyer (Myself) buying the property.
Second seller have given ad in news paper about loss of document, FIR logged and also title report done for last 30 years. advocate who initiated title report given clear title report.
HDFC Bank also agreed to provide loan but need indeminity bond, format mentioned below.
1) sirname in advertisement is having spelling mistake for instance actual sirname: malvadkar. mentioned as mahadkar. what is the impact of this? same is the case in agreement between first seller and second buyer.
2) what needs to be done to make this deal in our favour and secure?
Note:- Agreement between first buyer and builder is not registered and hence true copy is not possible.
(This draft to be modified suitably in cases where previous chain of documents is not submitted by the borrower to HDFC. To be executed on Rs.200 non-judicial stamp paper in the State of Maharashtra)
LETTER OF INDEMNITY
THIS LETTER OF INDEMNITY executed at _________ on this ____ day of ___________ in the year 20___ by Mr__________________________ and Ms____________________ residing at ________________________________________ _______________________________________________________________ hereinafter referred to as “the Declarant/s” (which expression shall unless repugnant to the context or meaning thereof, be deemed to mean and include his/her/their heirs, executors and assigns) IN FAVOUR OF HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, a company registered under the Companies Act, 1956, having its Registered office at Ramon House, H T Parekh Marg, 169 Backbay Reclamation, Mumbai 400 020, and having one of its Branch Offices at _______________________________, hereinafter referred to as “HDFC” (which expression shall mean and include the said Corporation, its successors and assigns);
1. The Declarant/s has/have approached HDFC for a loan for the purpose of purchase / construction of a dwelling unit being Flat no. _____ in the Building no.________ in _____________________________________ Co-operative Housing Society located at ____________________________________________________________________ situate at ____________________ (hereinafter referred to as the said “property”).
2. The Declarant/s has/have been sanctioned a loan of Rs.________________ (Rupees ______________________________ only) by HDFC and is required to deposit with HDFC the original Documents of Title pertaining to the said property, including the entire previous chain of documents of title pertaining to the said property prior to the disbursement of the loan.
3. The Declarant/s has/have produced the original of the previous chain of documents pertaining to the said property without having paid adequate stamp duty/registration on the same
4. The Declarant/s agree/s to indemnify and keep indemnified and saved and kept harmless HDFC from any defect in title to the said property (more specifically mentioned in Clause 1 above).
5. In case of there being any defect in the title to the said property, the Declarant/s shall forthwith upon such defect being brought to his/her notice remove such defect at his/her own cost and make good the title to the said property to the satisfaction of HDFC, the opinion of HDFC to be final and binding in that regard. The indemnity herein contained and the liability undertaken by the Declarant/s shall continue to remain in full force till the said loan together with all its related dues is repaid in full as agreed under the Loan Agreement to be executed/executed by the Declarant/s with HDFC.
6. The Declarant/s do hereby represent/s to HDFC as under :
a) that the title of the said property is clear, marketable and free from encumbrances;
b) that the Declarant/s is/are unable to produce/provide to HDFC the original of the aforesaid title documents pertaining to the previous chain of transactions/s duly adequately stamped
c) that the Declarant/s state that the Declarant/s has/have done due diligence to find out whether the documents pertaining to the past transactions were duly stamped and the Declarant/s do hereby confirm/s that the previous owner/s has/have not paid the stamp duty of requisite amounts/s in respect of his/her/their respective document/s executed by the previous vendor in the past pertaining to the said property.
d) that the Declarant/s undertake/s to pay the shortfall of stamp duty as and when required to pay the same and shall handover to HDFC the aforesaid title documents dully stamped
Signature of Declarant/s : _______________
Name of Declarant/s : _______________
HDFC Loan Account No. : _______________
Address of the Declarant/s : _______________