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NOC Template for Home Mortgage Approval

This document is a draft of a No Objection Certificate (N.O.C.) to be issued by a Builder/Developer to ICICI Home Finance Company Ltd regarding the mortgage of a flat. It confirms the sale of the flat, asserts that all necessary permissions have been obtained, and states that the property is free from encumbrances. Additionally, it outlines the obligations of the Builder/Developer concerning the mortgage and the handling of any disputes related to the property.
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0% found this document useful (0 votes)
85 views2 pages

NOC Template for Home Mortgage Approval

This document is a draft of a No Objection Certificate (N.O.C.) to be issued by a Builder/Developer to ICICI Home Finance Company Ltd regarding the mortgage of a flat. It confirms the sale of the flat, asserts that all necessary permissions have been obtained, and states that the property is free from encumbrances. Additionally, it outlines the obligations of the Builder/Developer concerning the mortgage and the handling of any disputes related to the property.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

Draft of N. O. C.

to be obtained from the Builder/Developer on his letter-


head

Place:

Date:

To,

ICICI Home Finance Company Ltd (“ICICI HFC”)


<Address>

Dear Sirs,

Re: Permission to mortgage flat no._____on the floor of the building proposed to
be named as /named as __________________ situated at _
_______________

1. This is to confirm that we have sold flat no. ___________ admeasuring ______
sq. ft. (carpet/builtup area) on the _____ floor of the building proposed to
be named as / known as _________ situated at ____________ (hereinafter
referred to as “Flat”) under construction/constructed by us to Mr./Mrs./Ms.
______________________ __________ (”Borrower”/“Applicant”) for a total
consideration of Rs. _____________ (Rupees ______________________) under an
Agreement for sale dated __________

2. We confirm that we have obtained necessary


permissions/approvals/sanctions for construction of the said building from
all the concerned competent authorities and the construction of the
building as well as of the flat are in accordance with the approved plans.
We have not made any sub divisions in the flat after the plans have been
approved by the Municipal Corporation/ Authority. The Flat is meant for
residential purposes as per the sanctioned plan.

3. We assure you that the said Flat as well as the said building and the land
appurtenant thereto are not subject to any encumbrance, charge or
liability of any kind whatsoever and that the entire property is free and
marketable. We have a clear, legal and marketable title to the said
property and every part thereof.

4. We are aware that the said Borrower/ Applicant has approached ICICI HFC
for a loan for purchasing/acquiring the said Flat and that you have agreed
to sanction / grant the loan to Borrower/ Applicant to purchase / acquire
the above Flat and Borrower/ Applicant has agreed to mortgage the said
Flat in your favor / in favor of your security trustee as security for the said
loan.

5. We hereby confirm that we have “No Objection” to Borrower/ Applicant


_____________________________________ mortgaging the said flat to you / in
favor of your security trustee by way of security for repayment of the said
loan.

6. AND, notwithstanding anything to the contrary contained in the


Agreement for Sale, we hereby agree to record your charge in our books
in respect of the said Flat and Borrower/ Applicant or us will not be
permitted to cancel transfer, assign, sell off or in any other way/manner
deal with the said Flat prejudicial to the interest of ICICI HFC / the security
trustee nominated by ICICI HFC, without the prior written consent of ICICI
HFC / the security trustee nominated by ICICI HFC. We undertake that as
soon as the registration formalities are completed, we will send the
registry documents to ICICI HFC / the security trustee nominated by ICICI
HFC directly.

7. We also undertake to inform and give proper notice to the co-operative


housing society as and when formed, about the Flat being so mortgaged in
favor of ICICI HFC. We also agree that on completion of the construction of
the said Flat, we shall handover possession of the said Flat to the
Borrower/ Applicant with prior written intimation to ICICI HFC.

8. We also undertake to immediately notify ICICI HFC in case of any dispute


between Borrower/ Applicant and us with regards to the purchase of the
said Flat.

9. We also undertake that we shall not make ICICI HFC party to any
proceedings initiated against Borrower/ Applicant with respect to any
dispute.

[Link] further agree that in case the Agreement for Sale of the Flat/premises
executed between ourselves and Borrower/Applicant is terminated or
otherwise the Flat / premises purchase transaction is cancelled on account
of non-payment of own contribution or for any reason whatsoever, then
ICICI HFC shall have priority over the sum or sums of money advanced to
Borrower/ Applicant and paid to us, and we hereby undertake to forthwith
refund to you without such sum/sums of money paid to us without
interest. The interest on such amounts disbursed shall be serviced by us
until the date of actual and full refund received by ICICI HFC.

[Link] also agree not to create any further charge on the said Flat or deliver
possession of the same in any other manner other than what has agreed
upon as per Agreement of Sale.

[Link] undertake to ensure ICICI HFC’s permissions before


executing Possession Letter and Title Deed in favor of the Borrower.

Yours faithfully,

For (Builders/Developer)

(Signatures)

Common questions

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The builder is responsible for notifying the co-operative housing society about the flat's mortgage status in favor of ICICI HFC. This communication helps ensure that the society is aware of ICICI HFC's interests, reducing the risk of disputes or unrecognized claims against the property and helping to uphold the lender's right to recover the loan amount through the secured property .

ICICI HFC has been assured of having a priority over the sum of money advanced to the borrower in case the Agreement for Sale is terminated or the purchase transaction is canceled due to non-payment. The developer undertakes to refund the sums paid without interest, ensuring that ICICI HFC's financial interests are protected .

The registration and documentation process serves a critical role in safeguarding ICICI HFC’s interests by ensuring that the legal title and charge over the flat are recorded in official books. Immediate dispatch of registry documents to ICICI HFC confirms the mortgage's legitimacy and enables the institution to enforce its rights over the property, providing legal assurance and security for the loan extended to the borrower .

The developer's 'No Objection' clause permits the borrower to mortgage the flat, yet it also obligates the borrower not to transfer, assign, sell, or otherwise manage the flat in any way that could affect ICICI HFC's interests without their prior consent. This restricts the borrower’s flexibility in dealing with the property and ensures ICICI HFC’s security interests are preserved, requiring coordination with the lender for any significant actions concerning the property .

The agreement requires that possession of the flat be handed over to the borrower only after prior written intimation to ICICI HFC. This condition ensures that ICICI HFC is aware of any transfer of physical possession, maintaining their interest in the property's control and minimizing risk of unauthorized occupancy that could challenge their security claim .

The builder undertakes not to create any further charges on the flat beyond what has been agreed in the Agreement of Sale. This assurance ensures that ICICI HFC's security interest as a mortgage lender is uniquely protected, preventing the property's encumbrance by additional liabilities that could prioritize other creditors .

The builder's agreement includes a provision that prohibits the borrower from transferring or selling the flat in a manner prejudicial to ICICI HFC's interest without prior written consent from them. This ensures that the lender's charge over the property is recognized and preserved in any transaction, maintaining their security and protecting against unauthorized transfers that might compromise their position .

The builder's assurance that the flat and the accompanying land are free from encumbrances, charges, or liabilities significantly influences ICICI HFC's risk assessment by reducing potential legal or financial claims against the property. This assurance provides confidence that the flat has a clear, marketable title, thereby lowering the lender's risk in offering a mortgage .

The developer agrees to notify ICICI HFC immediately in the event of a dispute with the borrower and undertakes not to involve ICICI HFC in any proceedings related to the dispute. This ensures ICICI HFC is kept informed and insulated from legal complications that might arise between the purchaser and the developer, thereby protecting its financial and legal interests .

The builder's confirmation of obtaining all necessary permissions and approvals ensures that the construction is legally compliant and built according to approved plans. This legal compliance reduces the risk for ICICI HFC in terms of the property's legality and marketability when approving a mortgage, as it provides assurance of the property's legitimacy and compliance with local regulations .

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