Affidavit regarding Mohammedan owned property for securing loan against mortgage of immovable property
Before the _________ Magistrate ________ District _________
In the Matter of premises No. ______________
I, __________ son of ____________ Mohammedan trader residing at ______ in the town of _________ solemnly affirm and say as follows:
- That I am a _________________________(insert name, address etc.) belonging to the ____________ Sect and _______________Sub-sect.
- That I am the sole and absolute owner of the property comprised in premises No. __________ fully described in the Schedule’ A’ hereunto annexed, having acquired same by purchase from ________ on ___________ with money out of my own funds.
- That I carry on business at ___________ under the name and style of ___________ which business solely and absolutely belongs to me.
- That being in want of money for the purpose of my business, I applied to the ________ Branch of _________ Bank for a loan of Rs. _________ (Rupees _______________) which was sanctioned to be granted to me, as an ____________ on the basis of my application.
- That the property described in Schedule ‘A’ is free from encumbrances of any description, and that no part of it is charged with the payment of any dower debt, or transferred or agreed to be transferred for the purposes of any “Hiba- bil-iwaz”, Hiba-ba-shart-ul-iwaz”, “Areeat”, “Sadakh” or any other form of “hiba” , or for the purpose of any “Waqf’ private or public, or for the benefit of a “Khankah” or a “Takia”.
- That I have neither done, nor caused or suffered to be done, any act or deed the effect of which is to hinder me from creating a registered/an equitable mortgage in favour of ________________ Bank, and depositing/by the deposit of the title deeds relative to the said property described in Schedule ‘A’ to secure repayment of the said sum of Rs. _____________ (Rupees ______________) which __________ Bank has agreed to lend me.
(Description of property mortgaged)
(List of title deeds deposited or agreed to be deposited)?And I make this declaration on solemn affirmation, knowing the facts stated above as true.
Solemnly affirmed by the said _____________ before me at ________ this the __________ day of _________.