THIS INDENTURE made at
___________ this ____________ day of ________________
BETWEEN ABC of ___________, Indian Inhabitant, hereinafter
called “The Mortgagee” (which
expression shall unless it be repugnant to the context or meaning thereof
include his heirs, executors and administrators) of the One Part: AND XYZ of
_________, Indian Inhabitant, hereinafter called “The Mortgagor” (which expression shall unless it be repugnant to
the context or meaning thereof include his heirs, executors, administrators and
assigns) of the Other Part:
W H E R E A S:—
(a)
By a Memorandum of Agreement dated 3rd day of July 1999 and
registered in the office of the Sub-Registrar of Assurances at Mumbai under
Serial No. _________________ of ___________ 1999 and entered into between the
Mortgagor herein of the One Part and the Mortgagee of the Other Part in
consideration of the sum of Rs. 10,00,000/- paid to the Mortgagor by the
Mortgagee, the Mortgagor did deposit with the Mortgagee the title deeds
(described in the Schedule “A” here
in under written) relating to the property (described in the Schedule “B” there under as also in the
Schedule “B” hereunder written) to hold the same as an equitable security for
the repayment by the Mortgagor to the Mortgagee the said sum of Rs. 10,00,000/-
and interest thereon at the rate and in the manner therein mentioned.
(b)
The Mortgagee has from time to time paid to the Mortgagee all
interest due under the said equitable mortgage up to date and has agreed to pay
to the Mortgagee the principal amount on the Mortgagee executing such Release
of the said mortgaged property as is hereinafter contained.
NOW THIS INDENTURE WITNESSETH that in
consideration of the sum of Rs. ___________ (Rupees
_______________________________) paid to the Mortgagee by the Mortgagor in full
of all principal moneys and interest due and owing on the security of the said
hereinbefore recited equitable mortgage dated the ____________ day of
____________ 2002 (the receipt whereof the said Mortgagee doth hereby admit and
acknowledge and of and from the same doth hereby acquit, release and forever
discharge the Mortgagor). He the Mortgagee doth hereby release and discharge
the title deeds and writings specified in the schedule A hereto as also the
said property described in the Schedule B hereunder written from the equitable
security created thereon or in respect thereof by the said recited Mortgage
dated the _______________ day of _________ 200___ and from all claims and
demands in respect thereof or in anywise relating thereto AND the Mortgagee
doth hereby Covenant with the Mortgagor that He the Mortgagee hath not at any
time here to before made done or knowingly suffered or been party or privy to
any act, deed or thing whereby or by reason or means whereof he is prevented
from releasing the said deeds and writings and the said property in manner
aforesaid.
IN WITNESS WHEREOF the Mortgage hath
set his hand at Mumbai aforesaid the day and year first hereinabove written.
THE SCHEDULE “A” ABOVE RFERRED TO:
(LIST OF TITLE DEEDS)
THE SCHEDULE “B” ABOVE REFERRED TO:
(DESCRIPTION OF THE PROPERTY)
SIGNED AND DELIVERED by the
)
With in named A B C )
In the presence of : )
Received this ____________ day of
____________ 200___ from the Mortgagor the sum of Rs. ___________/- (Rupees
___________________ only) being the full consideration money within expressed
to be paid by him to me.
WITNESS: I
SAY RECEIVED
(THE
MORTGAGOR)
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