Mortage Deed

DRAFT
MORTGAGE DEED
THIS DEED OF MORTGAGE is made at Karachi this_____________ day of ______________20 , between

M/s________________________________Builders & Developers, a registered firm Developer’s License No.______________
having its office at _____________________________________Karachi, through its proprietor/Partner
__________________________ S/O__________________________ _Muslim, Adult, residentce of Karachi N.I.C
No._______________________ (Hereinafter Called the MORTGAROR) of the one Part.
AND
SINDH BUILDING CONTROL AUTHORIOTY , the Authority under the Sindh Building Control Ordinance 1979, thorugh its
Controller of Buildings (Design), SBCA having its office at Annexe Building Civic Centre, University Road Gulslhan-e-Iqbal Karachi
(hereinafter called the “AUTHORITY”) of the other Part.
WHEREAS the Mortgagor is seized and possessed of land otherwise lawfully certified in its name to all that piece and
parcel of land with developed/undeveloped open plot thereon, move partilcullay described in the schedules hereto (hereinafter
called the said properties) Mortgagor heaving acquired the same through sale Deed/General Power of Attorney registered vide
No.__________ book No.1 page No.______to______ , Division, Karachi, Dated____________, executed in its favour by
Mr______________________S/O__________________.
AND WHEREAS the mortgagor has intended to launch a residential come commercial public project on the said land
and has applying for sale NOC, with the Authority.
AND WHEREASE the Mortgagor as per clauses of the Karachi Building and Town planning Regulation 2002, as
amended up to date, is legally bound to mortgage 15% of the plots out of the said land in favour of the Authority.
AND WHEREASE the Mortgagor has agreed to mortgage the said properties with the Authority NOW THIS
SDEED OF MORTGAGE WITNESSETH.
.
1. In consideration of aforesaid the Mortgagor doth hereby mortgage the said prosperities unto the Authority hold
the same until the Successful completion of the said project and the expiry of the maintenance period as
enunciated in the NOC granted by the Authority in respect of said project.
2. That the said properties are free from all claims, liens, encumbrances and charges of what so ever nature and
the mortgage shall not in any way allow or permit anything to be done in respect of the said properties so as
to make its right therein liable to be extinguish or in any way impaired and shall keep the said properties free
all charges and encumbrances of what so sever nature.
3 That the Authority shall have the right to sell the said properties and to utilize the sale proceed to remedy any
fault / defect in lthe development/construction work or violaltion of any condition of NOC granted by the
Authority , that come to the light at the time of completion of the project or in case the Developer / Builder fails
to comply with any of the condition mentioned in the clause 5-2, 5.3 of Karachi Building and Town planning
Regulation 2002.
4 That on successful completion of the said project, the Authority shall redeem the said properties free from all
obligations arising under this deed.
5. The MORTGAROR and AUTHORITY wherever the contents so permit shall always mean and include their
respective Successors in interest and assigns.
SCHEDULE
All that piece and parcel of land, with all present and future development works thereon bearing plots
No._____________________________ ad-measuring________________sq. Yds situated at survey No.__________________ ,
Tappo______________________Deh,____________________________________town,__________________ Karachi.
IN WITNESSESS: WHEREOF the Mortgage above said named has signed thus Deed on the day, month and years
forest above the mentioned.
Witness.
1.______________________ _______________________________
for M/s. Builders & Developers
________________________
________________________
2. ______________________ ______________________________
Director (Design),
________________________ For Sindh Building Control Authority
________________________
UNDER TAKING
I, ___________________________________S/O, W/O.__________________________ PAKISTANI,

ADULT, RESIDENT OF _______________________________________ OWNER / ATTORNEY OF PLOT
NO._______________________________________ KARACHI DO HEREBY SOLEMNLY AFFIRMATION
AS UNDER:
1. THAT I AM A BONAFIDE OWNER OF THE SAID PLOT.

2. THAT THERE IS NO TENANT ON THE ABOVE SAID PLOT AND IT IS IN MY PHYSICAL
POSSESSION.
3. THAT THE PLOT IS LYING VACANT.
4. THAT THERE IS NO DISPUTE ON THE SAID PLOT.
5. THAT I SHALL CARRY OUT CONSTRUCTION STRICTLY ACCORDING TO THE APPROVED
PLAN, FAILING WHICH I AM LIABLE FOR PROSECUTION.
6. THAT MY BUILDING PLAN IS LIABLE FOR CANCELLATION AT ANY STAGE IF THE FACTS
WERE CONCEALED AND THE CONSTRUCTION IS AGAINST APPROVED PLAN.
7. THAT THERE IS NO COURT / CASE / LITIGATION ON THE ABOVE SAID PLOT.
8. THAT I SHALL BE RESPONSIBLE FOR DEALING WITH MY LEGAL COMLICATION WITH
REGARDS TO MY EASEMENT RIGHTS AS A RESULT OF PROPOSED CONSTUCTED AND
SBCA WILL HAVE NOTHING TO DO WITH IT.
(OWNER / ATTORNEY)

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DRAFT

THIS DEED OF MORTGAGE is made at Karachi this_ day of __20 , between

I, _________S/O, W/O. PAKISTANI,

1. THAT I AM A BONAFIDE OWNER OF THE SAID PLOT.

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