Agreement for Sale of Mortgaged House (India)
This is a legal template for the sale of a residential property that is currently under mortgage in India. It facilitates a three-party transaction between a seller, a buyer, and a mortgagee (the lender) to ensure the mortgage is discharged upon payment and the title is transferred cleanly.
Agreement for Sale of Mortgaged House
THIS AGREEMENT
made at ……………………. on this ……………. day of ………………., 20,
between
A, son of ………………….
resident of ………………….
(hereinafter called the vendor) of the FIRST PART,
B, son of…………………..
resident of ……………………………
(hereinafter called the purchaser) of the SECOND PART and
C son of …………………
resident of…………………………………
(hereinafter called the mortgagee) of the THIRD PART.
WHEREAS the vendor is absolutely seized and possessed of or well and sufficiently entitled to the house more fully described in the Schedule hereunder written, hereinafter referred to as the “said house”;
AND WHEREAS the said house is mortgaged with Shri …………….. for the sum of Rs. …………………. pursuant to a deed of mortgage executed between the vendor and Shri ……………………….. on the other part and a sum of Rs. ………………….. is due from the vendor to the said mortgagee.
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AND WHEREAS the vendor has agreed to sell and purchaser has agreed to purchase the said house an the terms and conditions mentioned below:
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
(1) The vendor will sell and the purchaser will purchase all that house No. ……………….. Road …………… more particularly described in the Schedule hereunder written for a sum of Rs. …………… out of which the purchaser has paid Rs. …………….. to the vendor as earnest money (the receipt of which sum, the vendor hereby acknowledges) and out of balance price to be paid by the purchaser, he shall pay Rs . ……………… on or before the date of ……………………. and the remaining sum of Rs. ……………… will be paid to the vendor at the time of registration of the sale deed.
(2) The mortgagee’s advocate shall deliver the documents of title of the said house to the purchaser’s advocate against his accountable receipt within ……………… days from the date of this agreement for investigation of title.
It is hereby declared that delivering the documents of title by the mortgagee to the purchaser’s advocate will not affect the mortgage of the mortgagee and mortgage on the said house will continue until the full payment of the mortgage money is made to the mortgagee by the vendor or the purchaser.
(3). The said house will be purchased by the purchaser without any encumbrance, easements, restrictions and rights affecting the same.
(4) The purchase shall be completed within a period of ………….. months from the date of this Agreement. The purchaser shall send the draft conveyance deed to the vendor a fortnight prior to the date of the intended execution and after approval thereof by the vendor, the purchaser shall get the same ready for execution by the vendor. All expenses for preparation of the conveyance deed, cost of stamp and registration charges and all other out of pocket expenses shall be borne by the purchaser.
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About this template
What is this template?
This document is a formal agreement to sell immovable property in India where a bank holds a security interest. It is not a standard sale deed, as it specifically details the split-payment mechanism between the Seller and the lending institution. It contains specific indemnity provisions regarding the discharge of the existing loan and the release of title documents by the bank.
When should you use it?
Use this agreement when a residential house is being sold before the seller has fully paid off their home loan. Use a standard Agreement for Sale if the property is already free of all encumbrances and mortgages.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Agreement to Sell | The Seller agrees to sell and the Purchaser agrees to purchase the property for a specified total consideration amount. |
| 2 | Mortgage Discharge | The Purchaser pays a portion of the price directly to the named Bank to discharge the existing mortgage of a specific sum. |
| 3 | Balance Payment | The Purchaser pays the remaining balance of the sale price to the Seller upon the execution of the sale deed. |
| 5 | Delivery of Possession | The Seller delivers vacant possession of the property to the Purchaser once the full consideration is paid and the deed is registered. |
| 7 | Indemnity for Encumbrances | The Seller indemnifies the Purchaser against any third-party claims or undisclosed encumbrances existing prior to the date of sale. |
| 8 | Registration Costs | The Purchaser bears all expenses related to stamp duty, registration fees, and other incidental costs of the conveyance. |
Who it's for
- a property owner in India selling a house that has an outstanding bank loan
- a buyer purchasing a residential property where part of the payment must go to a mortgagee bank
- parties requiring a formal structure to ensure a mortgage is cleared during a property sale
How long it runs and how it's signed
Frequently asked questions
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