NRI Power Of Attorney Home Loan

Draft format of confirmation to be obtained from NRI borrower/guarantor confirming
the execution of loan/guarantee documents by their POA holder or confirming the
deposit of title deeds by their POA holder

ANNEXURE –I
"To, State Bank of India
1. * I / We (1) _______________________, (2) ___________________, hereby confirm that
my / our Power of Attorney-holder, Shri ___________________ has executed the
following documents for and on my/ our behalf in connection with the Home Loan
sanctioned / to be sanctioned to me / us, which are binding and enforceable against me
/ us.
'List of Documents'
1. _________________
2. _________________
3 _________________
2.* "I/We hereby also confirm that our Power of Attorney holder namely
Shri................... has deposited the original title deeds in respect of the property, for
acquisition of which I / We have availed loan from the Bank, with an intention to create
security over the said property by way of mortgage by deposit of title deeds on
.................(specify date on which title deeds are deposited by the Power of Attorneyholder).
(Signature)
Borrower / Guarantor
Place: Date:
*strike out whichever is not applicable
Draft format of the covering letter to be sent by the NRI borrower/guarantor along with
the original title deeds for creation of equitable mortgage in India without having to
visit to India
ANNEXURE-II
The Branch Manager State
Bank of India
Dear Sir,
HOME LOAN OF Rs. __________ SANCTIONED
IN FAVOUR OF SHRI________________________
I/we are forwarding herewith the original title deeds more particularly detailed in
Schedule I hereunder written in respect of the property detailed in the Schedule II
hereunder written to be held by the Bank as and by way of security of mortgage by
deposit of title deeds for repayment of the Home Loan of Rs.__________ together with
interest, costs, charges and expenses payable by me/us.
2. The title deeds forwarded herewith are the only title deeds in respect of the Schedule
II property. The delivery of the title deeds shall be complete only when you actually
receive the title deeds with this letter * which is in my/our possession/* which is in
possession of Shri __________.I/we confirm that there are no pending claims,
attachments, orders of any nature whatsoever in respect of the property described in
Schedule II hereunder written and that it is free from all encumbrances whatsoever.
SCHEDULE I
(Details of the Title Deeds)
SCHEDULE II
(Detailed description of the property)
Signature of the borrower(s)) Place: _____________ Date: _____________
* Delete if not applicable
Draft format of the acknowledgement to be sent by the RACPC to the NRI Borrower /
Guarantor immediately after the receipt of the original Title Deeds for creation of Equitable
Mortgage
ANNEXURE’III’
Shri__________________
(Name and address of the NRI to
Whom the housing loan is sanctioned)
Dear Sir,
HOUSING LOAN OF Rs.______________________
IN FAVOUR OF SHRI / SMT.____________________ AND SHRI /SMT.______________
We acknowledge receipt of your letter dated _____________, together with the title deeds, as
detailed hereunder , as and by way of creation of mortgage by deposit of title deeds in favour of
the Bank to secure the loan granted to you.
List of Title Deeds
Yours faithfully,
Branch Manager/ Authorised Officer
I acknowledge this letter and confirm that I have deposited the
Title Deeds by way of Security under the cover of my letter dated ___________________
(Borrower / Guarantor)
Place: _______________
Date: _______________
Draft format of the Power of Attorney to be executed by the borrower/guarantor
authorising the Power of Attorney holder to execute the loan/guarantee
documents or to create equitable mortgage
ANNEXURE - IV
[To be stamped as a Power of Attorney as per applicable State Stamp Act, within three
months from the date on which it is received in India]
POWER OF ATTORNEY
To All to Whom These Presents shall come, I/We 1.,.......2..[give full name & address of
NRI borrower(s).Where there are more than one borrower, all the names & address
should be given]
WHEREAS State Bank of India,.............Branch/RACPC (hereinafter referred to as SBI)
granted/ agreed to grant Home Loan to the tune of Rs............./for purchase/acquisition
of the property more particularly described in the Schedule hereunder written
(hereinafter referred to as the Scheduled property) to me/us vide Sanction Letter
No.......dated............
AND WHEREAS to avail the Home Loan I/We are required to execute the necessary
documents and also create a security by way of mortgage by deposit of title deeds, for
the aforesaid Home Loan,
AND WHEREAS I / We are not in a position to expeditiously execute the documents
and create security in favour of SBI and are therefore desirous of appointing some fit &
proper person to act on my/our behalf and to do all necessary acts and things in
connection with the aforesaid.
NOW KNOW YE ALL AND THESE PRESENTS WITNESSETH THAT I / We do
hereby nominate, constitute and appoint Shri.........(Give full name & address of the
attorney....), whose photograph is pasted below, to be my/our lawful and true Attorney
for the purposes hereinafter expressed i.e. to say To execute all the necessary
agreements, deeds, documents in connection with the above referred Home Loan in
favour of SBI in my/our name and for and on our behalf in such form as SBI may
require and lodge the documents with appropriate Statutory/ Administrative or other
authorities where ever necessary.
A To appoint Advocates, Solicitors in connection with the above and pay
their remuneration.
A To deposit the original title deeds with respect to the Scheduled property
to SBI with an intention to create security thereon as and by way of mortgage by
deposit of title deeds and also to make a statement to the above effect while
delivering the title deeds for and on my/our behalf and subsequently confirm
such deposit of title deeds to SBI.
A To apply for, appear and obtain necessary clearance and /or permission
from the concerned authorities concerning the Scheduled property, in connection
with the above referred Home Loan and submit the same to the Bank where ever
necessary.
A To do all the necessary things and acts in connection with and/or
incidental to the above stated matters which my/our Attorney deems fit and
necessary to do to effectuate the aforesaid.
Please paste the Photograph of the Power of Attorney here.
AND I/ We, the above named...... (State the name(s) of the borrowers) do hereby
undertake to ratify whatever the Attorney may lawfully do or cause to be done in and
by virtue of these presents.
SCHEDULE (Give detailed description of the property)
IN WITNESS WHEREOF, I/We, the above named have hereunto set my/our respective
hands on this.........day of..............
Signed, sealed by the within named
Signature(s) 1.................................. 2..................................
Before Me
Notary Public/Magistrate.
Note: The photograph of the Power of Attorney holder needs to be attested by the
executant of the Power of Attorney.
Draft format of the Recital to be recorded at the RACPC for creation of Equitable Mortgage
by the POA holder
ANNEXURE-V
MEMORANDUM OF DEPOSIT OF TITLE DEEDS
Shri.____________________ residing at _____________________, the authorized representative
/POA holders of Shri _____________ (name and address of the NRI to be mentioned) visited the
branch on __________________ and deposited with the undersigned the title deeds more
particularly detailed in Schedule I hereunder written, in respect of the property , more
particularly detailed in the Schedule I hereunder written , in respect of the property , more
particularly detailed in the Schedule II hereunder written. While depositing the title deeds
Shri.___________________(Name of the POA holder) stated that he is depositing the title deeds
with an intention to create security over the property described in Schedule II hereunder
written, for repayment of the loan of Rs. ______________lakhs together with interest , costs,
charges , expenses etc. granted by the Bank to Shri._________________________ (name of the
NRI to be mentioned).
2. While depositing the title deeds as above, Shri.____________________(name of the POA
holder ) stated that he has been authorized to state that the title deeds deposited by him are the
only title deeds in respect of the property detailed in the Schedule II hereunder written and that
there are no pending claims, attachment of any nature whatsoever in respect of the property
described in the Schedule II hereunder written . He also stated that he has been authorized to
state that the property described in the Schedule II hereunder written is in actual possession of
Shri ________________________and free from all encumbrances whatsoever.
SCHEDULE I
(Details of the Title Deeds)
SCHEDULE II
(Detailed description of the property)
Recorded in my presence Signature
(Branch Manager/ authorized Official)
(1)
(2)
(Name & designation of the Officers)