Annexure - 3 - Format of Deed of Indemnity cum Declaration

[Indemnity to be submitted by the Borrower for missing/loss or non-production of one original chain
title Deed/document]

 This Deed of Indemnity is required to be executed on non-judicial stamp paper of Rs 500/- in

the state of Maharashtra and for other states the stamp duty is payable as per respective state
stamp Act, as prescribed by State Govt.

 This Deed of Indemnity to be executed before the Notary public and must have Notary register
number in it.

DEED OF INDEMNITY – CUM - DECLARATION

THIS DEED OF INDEMNITY – CUM – DECLARATION is made and executed at ____________ on this
____ day of __________ 2022

BY

_________________ S/o __________________ and _________________ S/o __________________

residing at ________________________, (Hereinafter referred to as “the Borrower” or “I or We” or
“Indemnifier”, which expression shall, unless it be repugnant to the context or the meaning thereof,
mean and include his/her/their heirs, executors, administrators, successors and assigns)

IN FAVOUR OF

Motilal Oswal Home Finance Limited (MOHFL), a company registered under the Companies Act,
2013 having its registered office at ___________________, and amongst others a Branch office
at_______________________, (Hereinafter referred to as “the Lender” or “Indemnified”, which
expression shall, unless it be repugnant to the context or meaning thereof , mean and include
its successor and permitted assigns)

WHEREAS:

A. The Borrower has applied to the Lender to grant a Loan facility of Rs.__________/- (Rupees
____________________Only) and the Lender has agreed to lend/grant ___________ loan of
Rs. _____________/- (Rupees ____________________Only) as per the terms and conditions
of the sanction letter dated ________;

Page 1 of 3
 B. The Borrower has represented to the Lender that his/her/their title to the property offered as
security, which is more particularly described in the Schedule hereunder written (Hereinafter
referred to as “the said property”), for the Loan sanctioned by the Lender is clear,
marketable and free from encumbrances, but one of the chain title document of the said
property, i.e., the ______ deed/agreement dated __________ executed by _____________ in
favour of ______________ which is registered as document number _____________ at the
office of Sub-Registrar of Assurance at _________ have been lost or misplaced and in spite of
diligent search the same is not been found and also represented to the Lender that it is not
being in the possession of the Borrower and he/she/they has/have not deposited/or
mortgaged the said missing Deed/Agreement with any person as security or otherwise
howsoever;

C. The Borrower has represented to the Lender that the said property is free from any charge,
mortgage or encumbrance and has requested the Lender to disburse the sanctioned loan
without insisting upon the original of said missing Deed/Agreement as aforesaid of the said
property upon the Borrower submitting all other original title documents of the said property
and giving certified true copy of the said missing deed/agreement issued by the office of Sub-
Registrar of Assurance, FIR/police complaint copy and publication in two newspaper (English
and vernacular) about the missing deed and an indemnity indemnifying the Lender from any
demand, claim, action or rights from any person claiming to be entitled to any right, title or
interest in the said property and/or in the event of anybody claiming any charge, lien,
mortgage or encumbrance on the basis of deposit of missing deed as aforesaid;

D. At the request of the Borrower/Indemnifier, on such declaration and assurance of the

Borrower/Indemnifier as aforesaid, the Lender/Indemnified has agreed to disburse the
sanctioned Loan amount, provided / upon the Borrower complying / submitting to the Lender
all other original title documents of the said property and certified true copy of the said
missing deed/agreement issued by the office of Sub- Registrar of Assurance, FIR/police
complaint copy and publication in newspapers (English and vernacular) about the missing
deed/agreement and an indemnity indemnifying the Lender from any demand, claim, action
or rights from any person claiming to be entitled to any right, title or interest in the said
property and agreeing to indemnify the Lender in the manner hereinafter referred to.

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. That in pursuance to the aforesaid and in consideration of Motilal Oswal Home Finance
Limited / Lender agreeing to disburse/disburse the sanctioned loan amount, the Borrower
hereby covenants with the Lender that the Borrower will at all times hereafter indemnify and
keep indemnified the Lender against all claims, demands, suits, actions, proceedings, losses,
damages, costs, charges and expenses (including but not limited to any interest, penalties and
legal costs and all other professional costs and expenses) (collectively the ‘Losses’) which may
be brought or commenced against the Lender or which the Lender may or may have to incur
or may have to suffer as a result, direct or indirect, for non-production by the Borrower of the
original deed/agreement ______________which is lost/misplaced in respect of the said
property and from against all costs, damages and liabilities in connection therewith.

2. That the Borrower further hereby agrees to indemnify and keep harmless the Lender from all
the losses and damages which may be suffered sustained incurred as undergone by the Lender
for granting the Loan to the Borrower.

Page 2 of 3
 3. I/We, the Borrower, undertake to return and deliver forthwith to the Lender the Original of
the said missing Deed/Agreement dated _________ being located / traced or found/received
by me in future.

4. I/We have made the above declaration and Indemnity knowing the same to be true to my/our
own knowledge and belief and further declare that on the correctness of the above
warranties, assurance/s, representations, Indemnity Motilal Oswal Home Finance Limited /
Lender has agreed to grant the loan and that if any of the warranties, assurance/s,
representations, declaration/s and Indemnity contained herein found incorrect or false,
Lender shall have full right to adopt such proceeding/s or initiate such actions (civil/criminal)
as they may deem fit, against me.

In witness hereof, I/We, the Borrower, have signed this Indemnity on this day, month and year
mentioned above.

Schedule of the property above referred

__________________________________________________
__________________________________________________
__________________________________________________

Borrower/Indemnifier

[Full name and signature of the Borrower(s)/Indemnifier]

Before Notary

Page 3 of 3