DEED OF SIMPLE MORTGAGE
THIS DEED OF SIMPLE MORTGAGE is made at Mumbai this 13th day of April 2025.
BETWEEN
Mr. Rajesh Kumar, son of Mr. Dinesh Kumar, aged about 45 years, resident at Flat No. 702,
Rosewood Apartments, Linking Road, Bandra West, Mumbai – 400050 (hereinafter referred
to as the ‘Mortgagor’ which expression shall unless repugnant to the context or meaning thereof,
be deemed to mean and include his legal heirs, executors, and administrators) of the one part;
AND
Unity Home Finance Ltd., a company within the meaning of the Companies Act, 1956 and
having its registered office at 7th Floor, Unity Towers, Nariman Point, Mumbai – 400021
(hereinafter referred to as the ‘Mortgagee’ which expression shall, unless repugnant to the
context or meaning thereof, be deemed to include its successors in interest and assigns) of the
other part;
WHEREAS:
1. The Mortgagor is absolutely seized and possessed of or otherwise well and sufficiently
entitled to the land and premises bearing municipal survey no. B/1243, lying, being and
situated at Flat No. 702, Rosewood Apartments, Linking Road, Bandra West, within
the city limits of Mumbai, registration sub-district Bandra, and district Mumbai
Suburban (hereinafter referred to as the “Residential Property”) more particularly
described in the Schedule hereunder written;
2. By a loan agreement dated 13th April 2025 (the “Loan Agreement”) made between the
Mortgagor as the borrower of one part and the Mortgagee as the lender of the other part,
the Mortgagee has agreed to lend and advance to the Mortgagor and the Mortgagor has
agreed to borrow from the Mortgagee the amount of Rs. 75,00,000/- (Rupees
Seventy-Five Lakhs Only) (the “Loan”) upon the terms and conditions set out therein
against the security by way of mortgage of the said Residential Property;
3. The Mortgagee has called upon the Mortgagor to create mortgage on the said Residential
Property as and by way of security for repayment of the Loan and payment of interest as
hereinafter provided.
NOW THIS DEED WITNESSETH:
In pursuance of the said Loan Agreement and in consideration of the sum of Rs. 75,00,000/- lent
and advanced by the Mortgagee to the Mortgagor on the execution of these presents (the receipt
whereof, the Mortgagor doth hereby admit), the Mortgagor hereby covenants with the Mortgagee
that the said sum of Rs. 75,00,000/- together with interest, costs, charges, expenses and all other
amounts payable under the Loan Agreement (the “Mortgage Debt”) shall become due and
payable on the happening of any one of the following events (“Specified Event”), whichever
occurs first:
● (a) on the Mortgagor’s death;
● (b) in the event of the Mortgagor selling the Residential Property;
● (c) if the Mortgagor permanently moves out of the Residential Property;
Provided that:
(i) the amount of the Mortgage Debt shall not exceed the sale proceeds realized on sale of the
Residential Property;
(ii) in the event any heir/legal representative/executor/administrator of the Mortgagor is willing
to repay the Mortgage Debt within 60 days after the death of the mortgagor, the Mortgagee shall
not take any action for enforcement of the security;
(iii) in the event the sale proceeds exceed the Mortgage Debt, such excess amount shall be paid
to the legal heirs of the Mortgagor as decided by the Mortgagee.
AND THIS DEED FURTHER WITNESSETH that in consideration aforesaid, the Mortgagor
doth hereby transfer by way of mortgage the Residential Property described in Schedule I
together with all rights, title, and interest therein, as security for repayment of the said Mortgage
Debt.
It is agreed that upon full repayment of the Mortgage Debt, the Mortgagee shall release the
Mortgaged Premises and execute a Deed of Release at the Mortgagor’s cost.
In the event of default, the Mortgagee shall be entitled to have the Mortgaged Premises sold
through a competent Court and recover the Mortgage Debt from the sale proceeds.
THE SCHEDULE – I REFERRED TO ABOVE
(Description of the Residential Property)
All that piece and parcel of the property being Flat No. 702, Rosewood Apartments, Plot No.
52, Linking Road, Bandra West, Mumbai – 400050, bearing Municipal Survey No. B/1243,
within the registration sub-district Bandra and district Mumbai Suburban, measuring 1250 sq.
ft. built-up area, together with 1 car parking and undivided share in the land.
IN WITNESS WHEREOF, the parties have put their hands the day and year first hereunder
written.
Signed and delivered by Mr. Rajesh Kumar, the Mortgagor,
(Signature) _______________________
Signed and delivered by Ms. Rina Mehta, Authorised Signatory of Unity Home Finance Ltd.,
the Mortgagee,
(Signature) _______________________
In the presence of WITNESSES:
1. Name: Amit Desai – Address: 302 Jasmine Towers, Khar West, Mumbai – 400052 –
Signature: __________________
2. Name: Pooja Shah – Address: 504 Sea Breeze Heights, Juhu, Mumbai – 400049 –
Signature: __________________
