Mortgage Sales Contract Template for India

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Key Requirements PROMPT example:

Mortgage Sales Contract

"I need a Mortgage Sales Contract for a residential property purchase in Mumbai, with completion scheduled for March 2025, including a 20-year mortgage term with ABC Bank and monthly repayment structure."

Document background
The Mortgage Sales Contract is a specialized legal instrument used in Indian real estate transactions where property purchase is financed through a mortgage loan. This document is particularly relevant when buyers require institutional financing to complete their property purchase, combining both the sale deed and mortgage deed elements into a single comprehensive agreement. It ensures compliance with Indian property laws, banking regulations, and registration requirements while protecting the interests of all parties involved - the seller, buyer/mortgagor, and the lending institution. The document includes essential details about the property, sale consideration, mortgage terms, repayment schedules, and security creation, making it a crucial instrument in financed property transactions. Its use is widespread in both residential and commercial property purchases across India, subject to state-specific stamp duty and registration requirements.
Suggested Sections

1. Parties: Identification of the Seller, Buyer/Mortgagor, and Mortgagee (lending institution)

2. Background: Context of the transaction, including property ownership history and purpose of the mortgage

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Detailed description of the property being sold and mortgaged

5. Sale Consideration: Purchase price, payment terms, and source of funds

6. Mortgage Terms: Loan amount, interest rate, repayment schedule, and mortgage conditions

7. Representations and Warranties: Declarations by all parties regarding their capacity, property title, and other material facts

8. Seller's Obligations: Responsibilities of the seller including title transfer and property handover

9. Buyer's/Mortgagor's Covenants: Commitments regarding property maintenance, insurance, and mortgage payments

10. Mortgagee's Rights: Rights of the lending institution including foreclosure rights

11. Default and Remedies: Consequences of default and available legal remedies

12. Registration and Stamp Duty: Provisions regarding document registration and payment of stamp duty

13. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction

14. Notices: Method and addresses for formal communications between parties

Optional Sections

1. Third Party Rights: Include when there are existing tenants or other third-party interests in the property

2. Insurance: Detailed insurance requirements when specific coverage types are mandatory

3. Property Use Restrictions: Include when there are specific restrictions on property usage or development

4. Guarantor Provisions: Include when there is a guarantor for the mortgage

5. Force Majeure: Include when parties want specific provisions for unforeseen circumstances

6. Assignment Rights: Include when transfer of rights needs to be specifically addressed

7. Environmental Compliance: Include for properties with potential environmental concerns

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including boundaries and measurements

2. Schedule B - Payment Schedule: Detailed breakdown of payment terms including mortgage amortization schedule

3. Schedule C - Title Documents: List of title documents and their copies

4. Schedule D - Encumbrances: Details of existing charges, liens, or encumbrances on the property

5. Schedule E - Property Inventory: List of fixtures and fittings included in the sale

6. Appendix 1 - Property Plans: Architectural plans, site maps, and related drawings

7. Appendix 2 - Regulatory Approvals: Copies of relevant permits and approvals

8. Appendix 3 - Previous Title Deeds: Copies of previous ownership documents and transfer deeds

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Banking & Financial Services

Legal Services

Property Development

Housing Finance

Construction

Property Investment

Relevant Teams

Legal

Real Estate

Mortgage Services

Property Management

Compliance

Risk Management

Documentation

Title Services

Loan Processing

Property Valuation

Relevant Roles

Real Estate Lawyer

Property Lawyer

Mortgage Officer

Real Estate Agent

Property Manager

Legal Counsel

Compliance Officer

Banking Manager

Property Valuer

Title Officer

Real Estate Developer

Loan Officer

Risk Manager

Property Documentation Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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