DEED DRAFTING EXERCISE

Submitted by:

Ankita Bal

Batch 2021-26, BBA LLB (Div A).

PRN: 21010224203

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

In
September 2023

Under the Guidance of

Dr. Saurabh Upadhyay

Assistant Professor

Symbiosis Law School NOIDA

 INDEX

Sl. No. Contents Page number

1. Simple Mortgage Deed 3-4

2. Schedule 5-6

3. Usufructuary Mortgage Deed 7-9

 SIMPLE MORTGAGE DEED

This DEED OF MORTGAGE executed at DELHI on this the 18th day of September,
2023

By
Sri Mahesh Pallu, son of Rajendra Pallu, by Occupation farmer, aged about 40 years, residing at
Rohini, hereinafter called the MORTGAGOR

To and In favour of
Agricultural Insurance Co., having its office at Tolstoy House, Delhi, herein referred to as the
MORTGAGEE.

The term Mortgagor and Mortgagee, unless repugnant to the context shall mean and include their
representatives heirs, successors, executors, administrators, trustees, legal representatives and
assigns.

Whereas, the Mortgagor herein, is the sole and absolute owner of the immovable property
morefully and particularly described in the schedule hereunder written and hereinafter called the
scheduled property.

Whereas, the Mortgagor acquired the scheduled property by virtue of the Deed of Conveyance
dated 18th September, 2023 registered in the office of the Sub-Registrar, in Book No. - I, Volume
No. 2, Pages 27 to 29, Being No. 6671 for the year 2023 and since then Mortgagor has been in
possession and enjoyment of the scheduled property and paying taxes and levies thereon, as sole
and absolute owner thereof.

Whereas the Mortgagor, being in need of money for the purpose of obtaining cattle for
ploughing on the scheduled property, requested the Mortgagee to lend him a sum of Rs. 50,000
(Rupees fifty thousand only) which the Mortgagee has agreed to lend to the Mortgagor on the
execution of these presents with a view to secure the repayment thereof with interest as
hereinafter provided.

NOW THIS DEED OF MORTGAGE WITNESSETH as follows:

1. That in pursuance of the said agreement and in consideration of the said sum of Rs.
50,000 (Rupees fifty thousand only) lent and advanced by the Mortgagee to the
Mortgagor on the execution of these presents (receipt whereof the Mortgagor doth hereby
admit and acknowledge), the Mortgagor hereby covenants with the Mortgagee that he the
 Mortgagor will pay to the Mortgagee the sum of Rs. 4,500 (Rupees four thousand five
hundred only) on the day of 25 th September, 2023 (herein after referred to as the 'due
date') along with an interest thereon @ 9 percent per annum from the date of these
presents till the said sum is repaid in full (hereinafter referred to as the mortgage money).
2. That in the event of the Mortgagor failing to pay any installment, he will be liable to pay
interest on the said installment in default at the same rate as aforesaid from the date of
default until payment such installment as and by way of compound interest. Without
prejudice to the right of the Mortgagee to take any action on default as herein under
provided, it is agreed and declared that in the event of Mortgagor committing default in
payment of any installment or committing breach of any other term of this deed, the
whole amount of principal then due with interest thereon will at the option of the
Mortgagee become payable forthwith as if the said date had expired.
3. That securing the aforesaid loan, the Mortgagor hereby transfers, by way of mortgage, to
the Mortgagee the scheduled property as a security for repayment of the said sum with
interest and all other moneys due and payable hereunder with a condition that on the
Mortgagor repaying the said principal sum of Rs. 50,000 (Rupees fifty thousand only)
with all interest and other moneys due to the Mortgagee (hereinafter referred to as the
Mortgage amount) the Mortgagor will redeem the said scheduled property from the
mortgage security and shall if so required by the Mortgagor execute a deed of Release but
at the costs of the Mortgagor.
4. That in the event of the Mortgagor failing to pay the said principal sum with all interest
and other moneys when the same shall become due and payable under these presents, the
Mortgagee will become entitled to have the said scheduled property sold through any
competent court and to realise and receive the said mortgage amount out of the net sale
proceeds of the said scheduled property.
5. That the Mortgagor shall also be liable to pay and shall pay all the costs, charges and
expenses that the Mortgagee will incur for the protection of the mortgage security and or
for the realisation of the mortgage amount and the same shall be deemed to form part of
the mortgage amount and the security there for as aforesaid.
6. That during the pendency of the security hereby created and until repayment of the
mortgage amount, the Mortgagor will get insured and keep insured the buildings and
structures standing on the said land against loss and damages due to fire or any other
accident in the sum of at least Rs. 20,000 (Rupees twenty thousand only) with an
Insurance Company of repute and pay all premium on the insurance policy as and when it
becomes due and payable in respect thereof to such company and shall hand over the
policy to the Mortgagee duly endorsed in his name as assignee and in the event of the
Mortgagor failing to do so or to pay the premium, the Mortgagee will be entitled to insure
the said buildings and structures and/or to pay the premium thereon and the amount paid
by the Mortgagee in respect thereof will be deemed to form part of the mortgage amount.
7. That in the event of the said scheduled property being destroyed or damaged by fire or
any accident as aforesaid, the Mortgagee will be entitled to receive the insurance claim
under such policy to the exclusion of the Mortgagor and to appropriate the same first
towards all arrears of interest and then the principal amount or as any part thereof as may
be sufficient to pay the mortgage amount due and if any surplus remains the same only
will become payable to Mortgagor.
 8. That during the pendency of the security hereby created and until repayment of the
mortgage amount, the Mortgagor will not be allowed to transfer or agreed to transfer the
scheduled property by any means. However, the mortgagor can grant lease of the said
house with the consent of the mortgagee in writing.
9. That the mortgagor shall bear stamp duty, registration charges and other out of pocket
expenses for the execution and registration of this Deed and the deed of release. But,
however, each party will bear cost and professional charges of his Solicitor/Advocate.

IN WITNESS WHEREOF the Mortgagor and the Mortgagee have put his hand and signature on
the day, month and year first above written.

SRI. MAHESH PALLU

Mortgagor

AGRICULTURAL INSURANCE CO.

Mortgagee

Signed and delivered

by the Mortgagor and the Mortgagee
in the presence of:

1. Ananya Behera, Deed Writer

2. Srilekha Paricharan, Advocate
 SCHEDULE
All that Piece and Parcel of land and/or Building Bearing Plot/Khasra No. 1185 in the name
of
“Chamanpreet Chauhan” S/o Ghazalpreet Chauhan, situated in Raj Nagar Extn,
Ghaziabad District , Uttar Pradesh , falling in the jurisdiction of Sub-
Registrar bounded on the:-

North by : 30 Feet Road.

South by : Park
East by : Plot No.59.
West by : Plot No.57.

Admeasuring: Measuring to an extent of 900 Sq.feet area of land within the Registration

District

Northern Side : 30 Feet.

Southern Side : 30 Feet.
Eastern Side : 70 Feet 6 Inches
Western Side : 70 Feet 6 Inches
 Deed of Usufructuary Mortgage
(MORTGAGE OF IMMOVABLE PROPERTY WITH POSSESSION AND
CONDITONAL SALE)

THIS MORTGAGE, made on 25th day of September 2023, at

BETWEEN
MR. Bhajanlal Bhurra (hereinafter called "the Mortgagor") of the One Part,
And
MR. Chamanpreet Chauhan (hereinafter called "the Mortgagee") of the Other Part,
WITNESSES that on consideration of the sum of Rs. 50,000/- now paid to the
Mortgagor by the Mortgagee (the receipt whereof the Mortgagor does hereby
acknowledge), the said MR. Bhajanlal Bhurra hereby conveys to the said MR.
Chamanpreet Chauhan. All that agricultural land described under The Schedule of
the property,
from this day AND THAT the Mortgagee shall be in possession of the mortgaged
property under the terms of the deed for securing payment on the 21 st day of
August 2022, of the principal sum secured, with the interest thereon at Rs. 4,500/-
as 9 per cent per annum, which mortgage money will be set off against the usufruct
of the mortgaged property, and the Mortgagee does hereby promise to keep clear
accounts thereof.
THE MORTGAGOR hereby agrees that the Mortgagee shall retain possession of
the mortgaged property until the principal sum together with the interest due be
paid off out of the proceeds of the property and on payment of the aforesaid sum,
the Mortgagee shall execute and register a release of the mortgaged property in
favour of the Mortgagor,
AND THAT the Mortgagee also shall not to, execute, perform nor suffer to the
contrary any act deed or thing whereby or by reason or means whereof the value of
the said property in his possession may be diminished or the same may otherwise
be prejudiced in title or estate.
AND THAT the Mortgagee has the right to indict co-mortgagees as per his
discretion after the lapse of ten years and such mortgage is slated to culminate at
the end of 25 years since the commencement of mortgage.
THE MORTGAGOR does also agree to pay the Government revenue and the
municipal tax of the said property regularly and in case he fails to make such
payment, the Mortgagee shall be at liberty to pay such revenue and taxes, and such
sum paid shall be considered an additional principal sum advanced to the
Mortgagor, and shall carry interest at the rate stipulated above.
AND FURTHER, the Mortgagor also agrees that if he, the Mortgagor, does not
pay the principal sum with the interest then due on the stipulated date, this
conveyance will become absolute and the Mortgagee will be entitled to foreclose
the mortgaged property, and thereafter the Mortgagor, his heirs, executors,
administrators or assigns shall be absolutely debarred of all the rights to redeem the
same.

DESCRIPTION OF LAND:
District Ghaziabad, P.S Rajnagar Extn, PS No 1055, Tahasil Ghaziabad, Tahasil
No. 85, Hal Settlement (or Consolidation ) / Mutation Khata No. 87, Plot No.
1185, 500 Sq ft. with annual rent of Rs. 50000 /- only.

IN WITNESS WHEREOF the parties herein under have set their hands on the
date, month and year herein above written.

Signature of First Party- MORTGAGOR

Signature of the Second Party- MORTGAGEE

Witnesses:
1. BHAJANLAL BHURRA
Bhajanlal Bhurra, s/o Harijeet Bhurra
Sehani Khurd, Raj Nagar Extension, Ghaziabad, PS – Raj Nagar Extension Police
Chowki
Farmer aged 48

2. CHAMANPREET CHAUHAN
Chamanpreet Chauhan, s/o of Ghazalpreet Chauhan
Charms Castle, Raj Nagar Extension, Ghaziabad, PS – Raj Nagar Extn, NH-58
Property dealer aged 56
 Details of Scriber
a) Scribed by vendor
b) Akshay
Shandilya, NB/UP/2020/03987
Deed Writer

c) Hanspreet Hari, NB/UP/2021/08965

Advocate, High Court