காலிமனை சுத்த விக்கிரயப் பத்திரம்

What the document does

The காலிமனை சுத்த விக்கிரயப் பத்திரம் is a form for transferring vacant land from a mortgagor to the mortgagee. The supplied text does not name the issuing department, an order number or an issue date. The form applies where the owner previously mortgaged the property for a loan, paid interest under the mortgage terms, but cannot repay the principal and therefore agrees to sell the mortgaged property to the lender.

Who it affects

The காலிமனை சுத்த விக்கிரயப் பத்திரம் affects the borrower who owns and sells the land, and the mortgagee who buys it. It also addresses the future rights of the seller’s heirs, who are stated to have no later right, claim or interest in the property after the sale.

The form contains blanks for personal details, addresses, identity information, property particulars, the earlier purchase deed, the mortgage deed, registration details and monetary amounts.

Key provisions

• The seller states that the property was purchased using the seller’s own income and savings through a registered document.
• The seller confirms that the property was held in the seller’s possession and enjoyment, with government taxes paid.
• The agreed sale price is settled partly by adjusting the mortgage principal and interest payable up to the relevant date.
• Any remaining part of the sale price may be received by the seller in cash.
• The seller transfers possession of the property to the mortgagee upon completing the sale.
• The buyer must change the patta into the buyer’s name and pay future government taxes in that name.
• The buyer may possess, enjoy, transfer, gift or otherwise deal with the property with full ownership rights.
• The seller declares that, apart from the mortgage in favour of the buyer, the property has no other mortgage, tax arrears, succession dispute, minor’s claim, court attachment, security, collateral arrangement, lease, land acquisition issue or other encumbrance.
• If an undisclosed encumbrance later appears, the seller agrees to clear it at the seller’s own cost and responsibility.
• The seller agrees to execute any required correction deed or supporting document at the buyer’s expense.
• The seller confirms delivery of the original purchase deed and other original records to the buyer.
• The seller and the seller’s future heirs give up all further rights and claims over the property.