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Affidavit and Indemnity Bond for a Lost Title Deed

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  1. Stamp and execution
  2. Who this is for
  3. The deponent(s)
  4. The lost deed and the property
  5. The loss and the search
  6. Witnesses and indemnity

Step 1 of 6

Stamp and execution

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For example: IN-DL12345678901234X

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Stamp: __________ of __________, bearing No. __________, purchased in the name of __________ at __________, __________.

AFFIDAVIT-CUM-INDEMNITY BOND

(Loss of the original registered title deed)

Executed at __________, __________, on __________.

This is one paper doing two jobs. Part A is a sworn affidavit — how the original title deed was lost, what search was made, and what was reported to the police. Part B is an indemnity bond in favour of the person or institution being asked to proceed without seeing the original. Part A is sworn before a Notary Public or an Oath Commissioner. Part B is signed before two witnesses. The two Parts may also be executed as two separate stamped instruments, and in most states that is the safer course on stamp duty.

To,
__________
__________
__________

Subject: Loss of the original __________ dated __________, registered as Document No. __________ in the office of the __________ — affidavit of loss and indemnity, for the purpose of __________.

PART A — AFFIDAVIT OF LOSS

I, __________, __________ __________, aged about __________ years, __________ by occupation, resident of __________, holding __________ No. __________,

do hereby solemnly affirm and declare on oath as follows.

(Where more than one person signs below, each of us makes this affidavit for himself or herself, we are jointly and severally bound by everything stated in it, and the words "I", "me" and "my" are to be read as "we", "us" and "our".)

1. Who I am and in what capacity I speak. I am __________ of the immovable property described in the Schedule at the end of this document (the "Property"). I am competent to swear this affidavit and the facts stated here are within my personal knowledge, save where I say they are stated on information and belief.

2. The Property. The Property is more particularly described in the Schedule below and is situated at __________, admeasuring __________.

3. The lost Title Deed. The Property is held under the __________ dated __________, executed by __________ in favour of __________. That instrument was duly stamped and registered as Document No. __________, in the office of the __________. It is referred to in this document as the "Title Deed", and it is the original of that instrument that has been lost.

4. Possession. __________. There has been no dispossession, and no proceeding for possession of the Property is pending or, to my knowledge, threatened.

5. The revenue and municipal records. The Property stands recorded in the revenue and municipal records — the khata, khatauni, jamabandi, patta or property tax record, as applicable in this State — in the name of __________. The property tax and other outgoings in respect of the Property have been and continue to be paid.

6. Custody of the original. The original Title Deed was ordinarily kept at __________.

7. How the original was lost. The original Title Deed was lost __________. The circumstances are as follows: __________ I came to know of the loss on __________.

8. Search made. After discovering the loss, I made a thorough and diligent search for the original Title Deed. Specifically: __________ Despite this search the original Title Deed has not been found, and I believe it is irretrievably lost.

9. Report to the police. I reported the loss at __________. The report was recorded on __________ as a __________ bearing No. __________. A copy of the report / online acknowledgement is enclosed. I am aware that the loss of a document is not, by itself, a cognizable offence, and that the police therefore record such a report in the form set out above; I have given the police every particular within my knowledge and I will report to them at once if the original comes to light or if I learn that it has been misused.

10. Notice and enquiries. I have made enquiries at the office of the __________ and I am not aware of any entry, deposit, charge, lis pendens or attachment affecting the Property other than any disclosed in paragraph 12(g) below or otherwise disclosed to the addressee of this document in writing.

11. Certified copy from the Sub-Registrar. I understand and accept that a certified copy issued under Section 57 of the Registration Act, 1908 is a certified extract of the entry in Book No. 1 and is admissible to prove the contents of the registered document; that it supports secondary evidence of the Title Deed under the law relating to secondary evidence (Section 65 of the Indian Evidence Act, 1872, now carried into the Bharatiya Sakshya Adhiniyam, 2023); but that it is not the original instrument, is not a "duplicate deed", and may not be effective to create — and is not accepted by the addressee of this document as sufficient to create — a mortgage by deposit of title deeds under Section 58(f) of the Transfer of Property Act, 1882. It is precisely because of that gap that I am also executing the indemnity in Part B below.

12. The original has not been parted with, deposited or encumbered. Save and except as disclosed in sub-clause (g) below, I state on oath that, up to the date of this affidavit — and, where I sign as a legal heir of the recorded owner or as constituted attorney, to the best of my knowledge, information and belief so far as the acts and dealings of the recorded owner or of my principal are concerned:

    (a) the original Title Deed has not been deposited with any bank, financial institution, non-banking finance company, co-operative society, employer or person by way of security, equitable mortgage or mortgage by deposit of title deeds;

    (b) the Property has not been mortgaged, charged, pledged, hypothecated or otherwise encumbered, and is free from all encumbrances;

    (c) neither I nor the recorded owner has sold, gifted, exchanged, released, relinquished, leased or agreed to sell or otherwise dispose of the Property or any part of it to any person, nor entered into any agreement to sell, memorandum of understanding, or arrangement giving any person a right to acquire the Property;

    (d) no power of attorney authorising any person to deal with, alienate or create any interest in the Property is outstanding, other than any expressly disclosed in this affidavit;

    (e) the Property is not subject to any attachment, injunction, acquisition or requisition proceeding, and no suit, appeal, arbitration or other proceeding affecting the title to or possession of the Property is pending or, to my knowledge, threatened;

    (f) no notice has been received from any authority proposing to acquire, requisition or take over the Property or any part of it; and

    (g) Disclosure. The mortgages, charges, deposits of title deeds, loans, liens, attachments, tenancies, leave-and-licence arrangements, agreements to sell and other dealings affecting the Property, whether still subsisting or since discharged, are these — and nothing in sub-clauses (a) to (f) above is to be read as denying any of them: __________

13. The loss is genuine. The original Title Deed has not been destroyed, suppressed, withheld or made away with by me or at my instance in order to conceal any transaction, to defeat any creditor, or to obtain any advantage. Nothing material has been concealed in this affidavit.

14. Undertaking if the original is found. If the original Title Deed is at any time hereafter found or recovered by me, or comes into my possession or into the possession of any person on my behalf, I shall — without waiting for any demand — intimate __________ in writing within seven days and deliver the original to __________ or to such person as __________ may direct. Until such delivery I shall hold the original in trust for __________ and shall not deposit, deliver, endorse, pledge or otherwise deal with it, nor create any right in favour of any person by producing it.

15. Purpose and reliance. This affidavit is made for the purpose of __________, and for being produced before __________. I am aware that __________ will act on the statements in this affidavit without sight of the original Title Deed, and would not so act but for this affidavit and the indemnity in Part B.

16. Truth. I am aware that a false statement made in an affidavit is punishable under Sections 227 and 229 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 191 and 193 of the Indian Penal Code, 1860), and that any facility, permission, transfer or mutation obtained on the strength of a false affidavit is liable to be cancelled.

VERIFICATION

Verified at __________ on __________ that the contents of this affidavit are true and correct to my knowledge, that they are based on my own information and the records available to me, save for the statements expressly made on information and belief, which I believe to be true, that no part of it is false, and that nothing material has been concealed from it.

DEPONENT

PART B — INDEMNITY BOND

KNOW ALL PERSONS BY THESE PRESENTS that I, __________, __________ __________, resident of __________, (each an "Indemnifier", and where more than one, jointly and severally) am/are held and firmly bound unto __________, __________ (the "Indemnified Party", which expression includes its successors, assigns, administrators and, in the case of a bank or financial institution, any assignee or transferee of the facility), on the terms below.

1. Background. The Indemnifier has today sworn the affidavit in Part A above, setting out the loss of the original __________ dated __________, registered as Document No. __________ at the office of the __________, relating to the Property described in the Schedule. The affidavit is treated as forming part of this bond and every statement in it is repeated here as a representation and warranty to the Indemnified Party.

2. Consideration. In consideration of the Indemnified Party agreeing, at the Indemnifier's request, to proceed with __________ on the strength of the affidavit and of a certified copy in place of the original Title Deed — which the Indemnified Party is under no obligation to do — the Indemnifier gives the indemnity below.

3. The indemnity. The Indemnifier shall at all times keep the Indemnified Party fully indemnified and held harmless against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, costs, charges and expenses (including legal fees on a full-indemnity basis, and the cost of defending or settling any claim) which the Indemnified Party may suffer or incur arising out of or in connection with:

    (a) the loss of the original Title Deed;

    (b) the Indemnified Party acting, or omitting to act, in reliance on the affidavit in Part A or on any certified copy produced in place of the original;

    (c) any claim by any person founded on possession or production of the original Title Deed, or on any deposit, endorsement, charge, lien or dealing said to have been created by or through the original Title Deed;

    (d) any defect in the title to the Property, or any encumbrance, agreement, attachment or third-party right affecting the Property that was not disclosed in the affidavit;

    (e) any statement in the affidavit in Part A proving to be untrue, incomplete or misleading; and

    (f) any inability of the Indemnified Party to enforce, perfect, register or realise its security or its rights in respect of the Property by reason of the absence of the original Title Deed.

4. Extent of liability. The liability of the Indemnifier under this bond is absolute, unconditional and joint and several, and is not conditional on the Indemnified Party first proceeding against the Property, against any other person, or against any other security.

5. Payment on demand. The Indemnifier shall pay any amount due under this bond within 15 (fifteen) days of a written demand from the Indemnified Party, without set-off, counterclaim or deduction and without requiring the Indemnified Party to prove actual payment first. Amounts not paid within that period shall carry interest at 12% per annum, or at the contractual rate applicable to the facility, whichever is higher, from the date of demand until payment.

6. Continuing indemnity. This is a continuing indemnity. It remains in force notwithstanding the closure of any loan account, the completion of any sale, the release of any security, the death, insolvency or incapacity of any Indemnifier, or any change in the constitution of the Indemnified Party. It is not discharged or diminished by any time, indulgence, forbearance, waiver, compromise or variation granted to the Indemnifier or to any other person, nor by anything which but for this clause would operate to release a surety.

7. Conduct of claims. The Indemnified Party shall give the Indemnifier notice of any claim which may give rise to liability under this bond, but a failure to give such notice shall not relieve the Indemnifier except to the extent of any prejudice actually caused. The Indemnified Party may defend, compromise or settle any such claim as it thinks fit after consulting the Indemnifier, and the Indemnifier shall not object to any settlement reasonably arrived at.

8. Delivery of the original if found. If the original Title Deed is found or recovered at any time, the Indemnifier shall hold it in trust for the Indemnified Party, shall intimate the Indemnified Party in writing within seven days, and shall deliver it to the Indemnified Party within fifteen days. The Indemnifier shall not deposit, endorse, pledge, transfer or otherwise deal with the original, and shall not create any mortgage, charge or interest in the Property by producing it to any person.

9. Further assurance. The Indemnifier shall, at the Indemnifier's own cost, sign every further document, make every declaration and appear before the Sub-Registrar, the revenue authority, the municipal authority, the housing society or any court or tribunal as the Indemnified Party may reasonably require to give effect to this bond, to perfect the Indemnified Party's security, or to defend a claim covered by it.

10. Irrevocable. This bond is irrevocable and cannot be cancelled, varied or withdrawn without the prior written consent of the Indemnified Party. It binds the Indemnifier's heirs, executors, administrators, legal representatives and successors.

11. Notices. Notices under this bond shall be in writing and sent by registered post with acknowledgement due, by speed post or by courier to the addresses stated at the head of this document, and shall be deemed received on the seventh day after posting even if returned unserved. A change of address is effective only when notified in writing.

12. Stamp duty and costs. All stamp duty, notarial charges, newspaper publication charges, certified copy fees and other costs of and incidental to this document shall be borne by the Indemnifier.

13. Governing law and jurisdiction. This bond is governed by the laws of India. The courts at __________ shall have jurisdiction, without prejudice to the right of the Indemnified Party to proceed in any other court of competent jurisdiction.

IN WITNESS WHEREOF the Indemnifier has signed this bond at __________ on __________.

THE SCHEDULE ABOVE REFERRED TO

(Description of the Property)

All that piece and parcel of the immovable property situated at __________, admeasuring __________, falling within the sub-district of the __________, together with all rights, easements, appurtenances, structures and fixtures attached to it.

This is the same property that was conveyed by the __________ dated __________, Document No. __________, the original of which has been lost as stated above.

ENCLOSURES

Please check each item before handing the file in at the counter. A missing enclosure is the commonest reason these applications are returned.

  • Copy of the identity proof and address proof of __________ (__________ No. __________).
  • Copy of the __________ No. __________ dated __________ recorded at __________ — original acknowledgement to be shown for verification.
  • Latest property tax receipt and the khata / khatauni / jamabandi / patta extract (fard) for the Property.
  • Encumbrance Certificate or non-encumbrance certificate from the __________ for the last 13 years (30 years where the bank's advocate asks for it). What this is called, and whether it exists at all, depends on the State: Karnataka, Tamil Nadu, Andhra Pradesh, Telangana, Kerala and Maharashtra issue a proper EC; in Uttar Pradesh ask for the Bharmukt Praman Patra through IGRSUP; in Haryana the practice differs district to district; in Delhi the Sub-Registrar issues neither an EC nor a non-encumbrance certificate, and the accepted substitute is a title search of the Sub-Registrar's index, normally carried out by the counterparty's advocate — do not queue at the SRO for a certificate that is not issued there.
  • Photocopy of the lost __________, if any is available.
  • Copies of the earlier title documents in the chain, to the extent available.
  • Documents evidencing each item disclosed in paragraph 12(g) — the loan sanction or account statement, the mortgage or charge document, the no-dues and release letter, or the tenancy or leave-and-licence agreement, as the case may be.
  • Two passport-size photographs of each deponent.

SIGNATURES

DEPONENT AND INDEMNIFIER (1)

Signature: ______________________________
Name: __________
__________ __________
__________
__________ No. __________

WITNESSES TO PART B

  1. Signature: ______________________________

   Name: __________
   Address: __________

  1. Signature: ______________________________

   Name: __________
   Address: __________

Each signatory to sign on every page. Witnesses attest Part B only; the affidavit in Part A needs no witness.

SWORN AND ATTESTED

Solemnly affirmed and signed by the deponent(s) named above before me at __________ on __________. The deponent(s) is/are personally known to me / identified to my satisfaction from the identity document(s) recited in this affidavit.

Signature and seal: ______________________________
Notary Public / Oath Commissioner
Name: ______________________________
Registration No.: ______________________________
Notarial Register Serial No.: ______________________________
Place: __________    Date: __________

FOR THE RECEIVING OFFICE

Received the above Affidavit-cum-Indemnity Bond, together with the enclosures listed, from __________ in respect of the property at __________.

Inward / Diary No.: ______________________    Date: ______________________

Name, designation, signature and seal of the receiving official: ______________________________

The applicant should keep a photocopy of the complete set bearing this acknowledgement.

The rest stays out of view until every answer is in.

KAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINAL

Stamp: __________ of __________, bearing No. __________, purchased in the name of __________ at __________, __________.

AFFIDAVIT-CUM-INDEMNITY BOND

(Loss of the original registered title deed)

Executed at __________, __________, on __________.

This is one paper doing two jobs. Part A is a sworn affidavit — how the original title deed was lost, what search was made, and what was reported to the police. Part B is an indemnity bond in favour of the person or institution being asked to proceed without seeing the original. Part A is sworn before a Notary Public or an Oath Commissioner. Part B is signed before two witnesses. The two Parts may also be executed as two separate stamped instruments, and in most states that is the safer course on stamp duty.

To,
__________
__________
__________

Subject: Loss of the original __________ dated __________, registered as Document No. __________ in the office of the __________ — affidavit of loss and indemnity, for the purpose of __________.

PART A — AFFIDAVIT OF LOSS

I, __________, __________ __________, aged about __________ years, __________ by occupation, resident of __________, holding __________ No. __________,

do hereby solemnly affirm and declare on oath as follows.

(Where more than one person signs below, each of us makes this affidavit for himself or herself, we are jointly and severally bound by everything stated in it, and the words "I", "me" and "my" are to be read as "we", "us" and "our".)

1. Who I am and in what capacity I speak. I am __________ of the immovable property described in the Schedule at the end of this document (the "Property"). I am competent to swear this affidavit and the facts stated here are within my personal knowledge, save where I say they are stated on information and belief.

2. The Property. The Property is more particularly described in the Schedule below and is situated at __________, admeasuring __________.

3. The lost Title Deed. The Property is held under the __________ dated __________, executed by __________ in favour of __________. That instrument was duly stamped and registered as Document No. __________, in the office of the __________. It is referred to in this document as the "Title Deed", and it is the original of that instrument that has been lost.

4. Possession. __________. There has been no dispossession, and no proceeding for possession of the Property is pending or, to my knowledge, threatened.

5. The revenue and municipal records. The Property stands recorded in the revenue and municipal records — the khata, khatauni, jamabandi, patta or property tax record, as applicable in this State — in the name of __________. The property tax and other outgoings in respect of the Property have been and continue to be paid.

6. Custody of the original. The original Title Deed was ordinarily kept at __________.

7. How the original was lost. The original Title Deed was lost __________. The circumstances are as follows: __________ I came to know of the loss on __________.

8. Search made. After discovering the loss, I made a thorough and diligent search for the original Title Deed. Specifically: __________ Despite this search the original Title Deed has not been found, and I believe it is irretrievably lost.

9. Report to the police. I reported the loss at __________. The report was recorded on __________ as a __________ bearing No. __________. A copy of the report / online acknowledgement is enclosed. I am aware that the loss of a document is not, by itself, a cognizable offence, and that the police therefore record such a report in the form set out above; I have given the police every particular within my knowledge and I will report to them at once if the original comes to light or if I learn that it has been misused.

10. Notice and enquiries. I have made enquiries at the office of the __________ and I am not aware of any entry, deposit, charge, lis pendens or attachment affecting the Property other than any disclosed in paragraph 12(g) below or otherwise disclosed to the addressee of this document in writing.

11. Certified copy from the Sub-Registrar. I understand and accept that a certified copy issued under Section 57 of the Registration Act, 1908 is a certified extract of the entry in Book No. 1 and is admissible to prove the contents of the registered document; that it supports secondary evidence of the Title Deed under the law relating to secondary evidence (Section 65 of the Indian Evidence Act, 1872, now carried into the Bharatiya Sakshya Adhiniyam, 2023); but that it is not the original instrument, is not a "duplicate deed", and may not be effective to create — and is not accepted by the addressee of this document as sufficient to create — a mortgage by deposit of title deeds under Section 58(f) of the Transfer of Property Act, 1882. It is precisely because of that gap that I am also executing the indemnity in Part B below.

12. The original has not been parted with, deposited or encumbered. Save and except as disclosed in sub-clause (g) below, I state on oath that, up to the date of this affidavit — and, where I sign as a legal heir of the recorded owner or as constituted attorney, to the best of my knowledge, information and belief so far as the acts and dealings of the recorded owner or of my principal are concerned:

    (a) the original Title Deed has not been deposited with any bank, financial institution, non-banking finance company, co-operative society, employer or person by way of security, equitable mortgage or mortgage by deposit of title deeds;

    (b) the Property has not been mortgaged, charged, pledged, hypothecated or otherwise encumbered, and is free from all encumbrances;

    (c) neither I nor the recorded owner has sold, gifted, exchanged, released, relinquished, leased or agreed to sell or otherwise dispose of the Property or any part of it to any person, nor entered into any agreement to sell, memorandum of understanding, or arrangement giving any person a right to acquire the Property;

    (d) no power of attorney authorising any person to deal with, alienate or create any interest in the Property is outstanding, other than any expressly disclosed in this affidavit;

    (e) the Property is not subject to any attachment, injunction, acquisition or requisition proceeding, and no suit, appeal, arbitration or other proceeding affecting the title to or possession of the Property is pending or, to my knowledge, threatened;

    (f) no notice has been received from any authority proposing to acquire, requisition or take over the Property or any part of it; and

    (g) Disclosure. The mortgages, charges, deposits of title deeds, loans, liens, attachments, tenancies, leave-and-licence arrangements, agreements to sell and other dealings affecting the Property, whether still subsisting or since discharged, are these — and nothing in sub-clauses (a) to (f) above is to be read as denying any of them: __________

13. The loss is genuine. The original Title Deed has not been destroyed, suppressed, withheld or made away with by me or at my instance in order to conceal any transaction, to defeat any creditor, or to obtain any advantage. Nothing material has been concealed in this affidavit.

14. Undertaking if the original is found. If the original Title Deed is at any time hereafter found or recovered by me, or comes into my possession or into the possession of any person on my behalf, I shall — without waiting for any demand — intimate __________ in writing within seven days and deliver the original to __________ or to such person as __________ may direct. Until such delivery I shall hold the original in trust for __________ and shall not deposit, deliver, endorse, pledge or otherwise deal with it, nor create any right in favour of any person by producing it.

15. Purpose and reliance. This affidavit is made for the purpose of __________, and for being produced before __________. I am aware that __________ will act on the statements in this affidavit without sight of the original Title Deed, and would not so act but for this affidavit and the indemnity in Part B.

16. Truth. I am aware that a false statement made in an affidavit is punishable under Sections 227 and 229 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 191 and 193 of the Indian Penal Code, 1860), and that any facility, permission, transfer or mutation obtained on the strength of a false affidavit is liable to be cancelled.

VERIFICATION

Verified at __________ on __________ that the contents of this affidavit are true and correct to my knowledge, that they are based on my own information and the records available to me, save for the statements expressly made on information and belief, which I believe to be true, that no part of it is false, and that nothing material has been concealed from it.

DEPONENT

PART B — INDEMNITY BOND

KNOW ALL PERSONS BY THESE PRESENTS that I, __________, __________ __________, resident of __________, (each an "Indemnifier", and where more than one, jointly and severally) am/are held and firmly bound unto __________, __________ (the "Indemnified Party", which expression includes its successors, assigns, administrators and, in the case of a bank or financial institution, any assignee or transferee of the facility), on the terms below.

1. Background. The Indemnifier has today sworn the affidavit in Part A above, setting out the loss of the original __________ dated __________, registered as Document No. __________ at the office of the __________, relating to the Property described in the Schedule. The affidavit is treated as forming part of this bond and every statement in it is repeated here as a representation and warranty to the Indemnified Party.

2. Consideration. In consideration of the Indemnified Party agreeing, at the Indemnifier's request, to proceed with __________ on the strength of the affidavit and of a certified copy in place of the original Title Deed — which the Indemnified Party is under no obligation to do — the Indemnifier gives the indemnity below.

3. The indemnity. The Indemnifier shall at all times keep the Indemnified Party fully indemnified and held harmless against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, costs, charges and expenses (including legal fees on a full-indemnity basis, and the cost of defending or settling any claim) which the Indemnified Party may suffer or incur arising out of or in connection with:

    (a) the loss of the original Title Deed;

    (b) the Indemnified Party acting, or omitting to act, in reliance on the affidavit in Part A or on any certified copy produced in place of the original;

    (c) any claim by any person founded on possession or production of the original Title Deed, or on any deposit, endorsement, charge, lien or dealing said to have been created by or through the original Title Deed;

    (d) any defect in the title to the Property, or any encumbrance, agreement, attachment or third-party right affecting the Property that was not disclosed in the affidavit;

    (e) any statement in the affidavit in Part A proving to be untrue, incomplete or misleading; and

    (f) any inability of the Indemnified Party to enforce, perfect, register or realise its security or its rights in respect of the Property by reason of the absence of the original Title Deed.

4. Extent of liability. The liability of the Indemnifier under this bond is absolute, unconditional and joint and several, and is not conditional on the Indemnified Party first proceeding against the Property, against any other person, or against any other security.

5. Payment on demand. The Indemnifier shall pay any amount due under this bond within 15 (fifteen) days of a written demand from the Indemnified Party, without set-off, counterclaim or deduction and without requiring the Indemnified Party to prove actual payment first. Amounts not paid within that period shall carry interest at 12% per annum, or at the contractual rate applicable to the facility, whichever is higher, from the date of demand until payment.

6. Continuing indemnity. This is a continuing indemnity. It remains in force notwithstanding the closure of any loan account, the completion of any sale, the release of any security, the death, insolvency or incapacity of any Indemnifier, or any change in the constitution of the Indemnified Party. It is not discharged or diminished by any time, indulgence, forbearance, waiver, compromise or variation granted to the Indemnifier or to any other person, nor by anything which but for this clause would operate to release a surety.

7. Conduct of claims. The Indemnified Party shall give the Indemnifier notice of any claim which may give rise to liability under this bond, but a failure to give such notice shall not relieve the Indemnifier except to the extent of any prejudice actually caused. The Indemnified Party may defend, compromise or settle any such claim as it thinks fit after consulting the Indemnifier, and the Indemnifier shall not object to any settlement reasonably arrived at.

8. Delivery of the original if found. If the original Title Deed is found or recovered at any time, the Indemnifier shall hold it in trust for the Indemnified Party, shall intimate the Indemnified Party in writing within seven days, and shall deliver it to the Indemnified Party within fifteen days. The Indemnifier shall not deposit, endorse, pledge, transfer or otherwise deal with the original, and shall not create any mortgage, charge or interest in the Property by producing it to any person.

9. Further assurance. The Indemnifier shall, at the Indemnifier's own cost, sign every further document, make every declaration and appear before the Sub-Registrar, the revenue authority, the municipal authority, the housing society or any court or tribunal as the Indemnified Party may reasonably require to give effect to this bond, to perfect the Indemnified Party's security, or to defend a claim covered by it.

10. Irrevocable. This bond is irrevocable and cannot be cancelled, varied or withdrawn without the prior written consent of the Indemnified Party. It binds the Indemnifier's heirs, executors, administrators, legal representatives and successors.

11. Notices. Notices under this bond shall be in writing and sent by registered post with acknowledgement due, by speed post or by courier to the addresses stated at the head of this document, and shall be deemed received on the seventh day after posting even if returned unserved. A change of address is effective only when notified in writing.

12. Stamp duty and costs. All stamp duty, notarial charges, newspaper publication charges, certified copy fees and other costs of and incidental to this document shall be borne by the Indemnifier.

13. Governing law and jurisdiction. This bond is governed by the laws of India. The courts at __________ shall have jurisdiction, without prejudice to the right of the Indemnified Party to proceed in any other court of competent jurisdiction.

IN WITNESS WHEREOF the Indemnifier has signed this bond at __________ on __________.

THE SCHEDULE ABOVE REFERRED TO

(Description of the Property)

All that piece and parcel of the immovable property situated at __________, admeasuring __________, falling within the sub-district of the __________, together with all rights, easements, appurtenances, structures and fixtures attached to it.

This is the same property that was conveyed by the __________ dated __________, Document No. __________, the original of which has been lost as stated above.

ENCLOSURES

Please check each item before handing the file in at the counter. A missing enclosure is the commonest reason these applications are returned.

  • Copy of the identity proof and address proof of __________ (__________ No. __________).
  • Copy of the __________ No. __________ dated __________ recorded at __________ — original acknowledgement to be shown for verification.
  • Latest property tax receipt and the khata / khatauni / jamabandi / patta extract (fard) for the Property.
  • Encumbrance Certificate or non-encumbrance certificate from the __________ for the last 13 years (30 years where the bank's advocate asks for it). What this is called, and whether it exists at all, depends on the State: Karnataka, Tamil Nadu, Andhra Pradesh, Telangana, Kerala and Maharashtra issue a proper EC; in Uttar Pradesh ask for the Bharmukt Praman Patra through IGRSUP; in Haryana the practice differs district to district; in Delhi the Sub-Registrar issues neither an EC nor a non-encumbrance certificate, and the accepted substitute is a title search of the Sub-Registrar's index, normally carried out by the counterparty's advocate — do not queue at the SRO for a certificate that is not issued there.
  • Photocopy of the lost __________, if any is available.
  • Copies of the earlier title documents in the chain, to the extent available.
  • Documents evidencing each item disclosed in paragraph 12(g) — the loan sanction or account statement, the mortgage or charge document, the no-dues and release letter, or the tenancy or leave-and-licence agreement, as the case may be.
  • Two passport-size photographs of each deponent.

SIGNATURES

DEPONENT AND INDEMNIFIER (1)

Signature: ______________________________
Name: __________
__________ __________
__________
__________ No. __________

WITNESSES TO PART B

  1. Signature: ______________________________

   Name: __________
   Address: __________

  1. Signature: ______________________________

   Name: __________
   Address: __________

Each signatory to sign on every page. Witnesses attest Part B only; the affidavit in Part A needs no witness.

SWORN AND ATTESTED

Solemnly affirmed and signed by the deponent(s) named above before me at __________ on __________. The deponent(s) is/are personally known to me / identified to my satisfaction from the identity document(s) recited in this affidavit.

Signature and seal: ______________________________
Notary Public / Oath Commissioner
Name: ______________________________
Registration No.: ______________________________
Notarial Register Serial No.: ______________________________
Place: __________    Date: __________

FOR THE RECEIVING OFFICE

Received the above Affidavit-cum-Indemnity Bond, together with the enclosures listed, from __________ in respect of the property at __________.

Inward / Diary No.: ______________________    Date: ______________________

Name, designation, signature and seal of the receiving official: ______________________________

The applicant should keep a photocopy of the complete set bearing this acknowledgement.

Reading costs nothing. Keeping a copy needs an account.

The opening of the draft is on this page as you answer it. Once every answer is in, the button below opens the whole draft, watermarked — still without an account. Printing it, or keeping a clean copy, is where an account is asked for. That is the whole arrangement.

A kept copy has to belong to somebody, and that is the reason for the account. There is nothing further to it.

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