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1. Parties: Identifies all parties: seller (mortgagor), buyer, and mortgagee (usually bank/financial institution)
2. Background: Recitals explaining property ownership, existing mortgage details, and intention to sell
3. Definitions: Defines key terms including Property, Mortgage, Outstanding Amount, Completion Date
4. Sale Agreement: Core terms of sale including purchase price, payment structure, and completion timeline
5. Mortgage Details: Details of existing mortgage, outstanding amount, and terms of discharge
6. Payment Terms: Structured payment process including direct payment to mortgagee for discharge
7. Mortgagee Consent: Express consent of mortgagee for the sale and terms of mortgage discharge
8. Seller's Representations: Warranties about property title, mortgage status, and no other encumbrances
9. Property Handover: Terms for physical possession transfer and documentation
10. Completion Process: Step-by-step process for completing sale and mortgage discharge
11. Costs and Taxes: Allocation of transaction costs, stamp duty, and registration fees
12. Governing Law: Jurisdiction and applicable laws
1. Third Party Claims: Include when there are potential claims or disputes related to the property
2. Insurance: Include when specific insurance arrangements need to be maintained until completion
3. Existing Tenancies: Include if property has existing tenants and their rights need to be addressed
4. Development Permissions: Include if property has pending development approvals or restrictions
5. Multiple Mortgages: Include if property has more than one mortgage to be discharged
6. Condition Precedents: Include when specific conditions must be met before completion
7. Escrow Arrangements: Include when funds or documents need to be held in escrow
1. Property Description: Detailed description of property including boundaries, measurements, and registration details
2. Title Documents: List of title documents and chain of ownership
3. Mortgage Documents: Details of mortgage deed, loan agreement, and related documents
4. Outstanding Dues: Statement of outstanding mortgage amount and other dues
5. Payment Schedule: Detailed breakdown of payment installments and timelines
6. Completion Checklist: List of documents and actions required for completion
7. Encumbrance Certificate: Recent encumbrance certificate showing property's charge status
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