HHF Credit Policy V8
HHF Credit Policy V8
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Credit
Policy
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Policy Amendments
Reference Subject Amendment Effective Date
Credit Policy Version_2 Credit Policy 1. FOIR Grid based on income norms November, 2017
2. Changes in LTV norms.
Credit Policy Version_3 Deviation Matrix 1. LTV Deviation up to 5% delegated to RCM November, 2018
2. LTV Deviation up to 10% delegated to NCH
3. CIBIL Score Deviation delegated to NCH & NBH
4. Age Deviation up to 5 years delegated to RCM
5. Age Deviation up to 10 years delegated to
NCH & NBH
Credit Policy Version_4 Portfolio Buyouts 1. Exposure Cap based on Entity's Rating May, 2019
2. Exposure cap based on Entity's AUM
Credit Policy Version_5 1. Product Description 1. Introduction of NRI Home Loan Policy November, 2019
2. Loan amount 2. Revised loan amount and LTV norms at
3. LTV Ratio product level.
Credit Policy Version_6 1. Other Product 1. Increasing PBO Exposure ceiling in line with November, 2020
2. Deviation & NHB Norms
Delegation 2. Delegation of sanction limit
3. Loan amount 3. Revision of loan amount at product level
4. Negative Profile 4. Revision of negative profile list
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Contents
Policy Amendments ................................................................................................................................................................... 2
Annexure 1 .............................................................................................................................................................................. 20
Annexure 2 .............................................................................................................................................................................. 27
Annexure 3 .............................................................................................................................................................................. 33
Annexure 5 .............................................................................................................................................................................. 36
Annexure 6 .............................................................................................................................................................................. 39
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1.1. Objectives:
The broad objectives of the Company’s Loan Policy are:
• to provide general guidelines for making loan decisions and shaping the overall portfolio of the Company with
minimal credit risks
• to build and sustain a high-quality credit portfolio well diversified in terms of clients, markets and products with
an acceptable risk adjusted yield
• to strengthen the risk management systems for appropriate pricing of credit risks and ensure close monitoring of
the quality of the portfolio.
a. Home Purchase New/Existing - Loans availed to acquire a ready to occupy residential flat/individual house
property.
b. Self – Construction - Construction of a residential property where the customer already owns a plot.
c. Refinance - HHF also provides loans to refinance Home loan where the customer purchased/constructed the house
within 1 year to replenish funds used in the purchase/construction
d. Composite Loan (Plot + Construction) - Composite Loans give an opportunity for individual customer to purchase
of residential plot of land and also loan to construct residential property on that land i.e. composite loan that
covers the cost of the plot of land as well as the construction cost.
e. Home Improvement Loan – The interiors of any home reflect the personal preferences and tastes of its owners
making it imperative to constantly upgrade to keep up with changing times. With Home Improvement Loans
customer can now renovate existing space for a more comfortable environment and a better quality of living.
This renovation loan facilitates internal and external repairs and other structural improvements like Painting,
Waterproofing and Roofing, Plumbing and Electrical Works, Tiling and Flooring, Grills, Aluminum Windows
compound walls and much more. Home Improvement Loan is offered to facilitate improvement of a self-owned
dwelling unit to existing or new customer. Home Improvement Loan considers a range of facilities internal or
external to the structure without increase in the living space
f. Home Extension Loan – HHF provides Home Extension Loans for adding more space to your existing home for
meeting the requirements of growing family be it an extra bedroom for children, a reading room or a cozy coffee
corner. HHF make it easy to extend home anyway.
g. Balance Transfer loan - Balance transfer of loan is the process where a customer transfers his outstanding
principal amount to another bank/FI. HHF provides balance transfer loan along with home improvement and
home extension, following are the requirements.
h. Home Loans for NRI - An Indian citizen who holds a valid document like Indian passport and who stays abroad for
employment or for carrying on business or vocation outside India or stays abroad under circumstances indicating
an intention for an uncertain duration of stay is an NRI.
i. Loan Against Property - Loan against property (LAP) is also known as ‘Home Equity Loans ‘and is basically a kind
of loan against the security of one’s property. LAP is designed to meet the financial needs of a person who already
owns a house, which is free from any encumbrance (i.e., it is not given as security for any purpose).
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In all the above models, the Company may acquire the portfolio of receivables from other non-banking finance
companies only after carrying out due diligence of the pool that is being acquired and the pool that is being acquired
shall be rated/evaluated by an approved rating agency.
In case of PTC transactions, the minimum acceptable rating would be BBB+ for the pool. For Direct assignments, the
credit rating agency would quantify the expected loss % range based on which a haircut % could be decided for each
deal. In case of PTC transactions, the seller shall provide cash collateral based on the rating of the pool as advised
by the Rating Agency.
For Direct assignment transactions, the minimum retention ratio (MRR) would be in line with extant regulations
DA-Takeover 25%
*Any deviation on the above shall be submitted to Board for approval
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3. Underwriting Parameter
3.1. Minimum Age
Any individual who owns or proposes to own a property should be the applicant to
the loan.
Applicant and Age Minimum age should be 21 years.
at Loan Origination
If income is not considered, then minimum age should be 18 years at time of loan
origination.
- Co-applicant
Salaried - 60 years or retirement age whichever is earlier
Self Employed - 65 years or retirement age whichever is earlier
If income is not considered for the co-applicant, then maximum age should
not exceed 80 years at loan maturity.
Number of co-applicants included for income purposes / co-owner of property
should not exceed 4.
3.3. Co-applicants
Applicant Co-Applicant
Common Criteria • All co-owners to the property must be co- applicants.
• All income considered should be co applicants to the loan.
• All loans should have a co-applicant
Spouse to be mandatorily made co-applicant in each case irrespective of the loan
amount and tenor. If applicant is single
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a. LTV Ratios
Product Maximum LTV
Purchase 90% up to 30 Lakhs
80% above 30 Lakhs
Self-Construction/Balance Transfer/Top up 80%
Composite /Refinance/ Extension/repairs 60%
Loan Against Property 50%
Job/Business Salaried – Minimum 2 years of valid work experience. Previous employment details should be
Stability obtained and verified if the current employer is < 6 months.
Self Employed – 3 yrs in same business. Previous business details should be obtained and
verified if the current business is < 12 months.
Bank Statements Bank statements should be collected for all applicant’s and co-applicants for the last 6 months.
Salary Credit should be reflecting in the bank statements and any loan is operative then the
repayment of the same should also be reflected.
For Self Employed customers, Savings, Current or OD A/c statements should be obtained for
last 12 months and this account should be the main operative accounts.
ABB to be calculated from primary account and Repayment to be from the same account
where ABB has been derived
Fixed Obligations - Regular Debits of EMI to be considered for FOIR if balance tenor of loan is > 12 months and
needs to be deducted from eligibility.
- Pending EMI with < 12 months of balance tenor need not be considered as Fixed
Obligations.
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LAP LTV Norms - For Self-Occupied and Partly Let- out properties.
- For fully Let-out properties 10% LTV shall be reduced from the above.
- Vacant Properties are not acceptable as collaterals
Signature Proof:
o Valid Passport
o PAN Card
o Photo Driving License
o Bankers verification
Proof of Residential Address:
o Aadhaar Card
o Passport
o Voter’s ID Card
o Driving License
o Ration Card
o Telephone Bill
o Gas Bill (Only HP or Indane)
o Power/Electricity Bill
o Notarized Rental Agreement
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6.2. Other Income which can be added for loan amount calculation
1. Rental Income
50% of rental income can be considered for eligibility subject to
a) Proof of Ownership of rented property
b) Verification of rental paid by tenant –by appropriate resource
100% of rental income can be considered for eligibility subject to
a) Rental income reflected in last 2 years IT Returns
b) Rent is credited in Bank statement of the customer.
2. Agriculture Income
50%of income can be considered subject to ownership of Agriculture land is obtained and Certificate of Agriculture
income from Village Officer. For LIH product- 100% of validated income (Mandi receipts/Bank credit) can be
considered
4. Pension Income
Co-applicant’s 50% of Pension income should be considered only from retired State/Central Govt. employees/PSU for
eligibility if the same is the only income with a maximum age of pensioner not exceeding 75 years at loan maturity.
For LIH product- 100% of validated income (Bank credit) can be considered
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10. KYC Requirements • Copy of Valid Passport & valid visa for ID, Age, Address of residence and
signature proof.
• KYC Documents of POA and Guarantor
• Salary pay slip for last 3 months/Salary certificate (If variable components
like OT and incentives are reflected then six-month salary pay slips are
required)
• Work permit, Labor Card or any other employment proof issued by
concerned govt.
/Employer.
• A copy of the appointment letter and contract from the company
employing the applicant.
• Copy of all overseas bank statements for last 6 months if any.
• Copy of NRE/NRO bank statements of last 6 months.
• Passport copy with valid entry visa. (Applicant’s passport should not have
‘No Entry’ stamp on the passport prohibiting NRI applicant entering a
country).
• Power of Attorney (POA)
• Tax Return Statement
• KYC documents of POA
11. Verifications • Residence Verification of Indian residence address.
• Employment Verification through mail from reporting authority of the
Applicant. Mail verification is mandatory for all the cases and tele
verification of employer has to be done for loans more than Rs. 10.00 lacs.
The verification mail id has to be company mail id only.
• CIBIL of both the applicant as well as the Co-applicant.
• Bank Verification of NRE/NRO A/c
• Guarantor’s Residence & Employment Verification if any.
• Reference Verification.
• Credit Report from country of current employment, if available.
12. FOIR & LTV Norms Max. FOIR shall not exceed 50% & LTV Max.70%
Eligibility will be on Net salary credited only and not on Gross
13. Processing Fee and Fees or any Charges
Repayment Norms • Fees to be by way of inward remittances through normal banking channel
or by NRE/NRO A/c only or through POA.
• It is always preferred to take cheque from the applicant’s NRE/NRO
account only.
Repayment mode
SPDCs or NACH to be drawn on Non-Resident (External NRE) Account and /or
Non-Resident (Ordinary) [NRO] account in India only.
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Disbursement Enhancement / Additional Loans for takeover cases should be disbursed subject to:
Norms a) Receipt of Original Property Documents and NOC/Closure letter from existing
bank/HFC/NBFC
b) Cancellation of Registered Mortgage/MODT/NOI if any has been executed.
BT Additional Property to be a fully built-up property or occupied with availability of basic amenities which
terms and are validated through independent proof
conditions
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Seller BT Disbursement has to be done at the time of registration only. Two cheques have to be
prepared:
1) In the name of the current lending institution
2) In the name of the seller
Both the cheques have to be mentioned in the sale deed. On registration, cheque favored to
the current lending institution to be handed over to the lending FI through HHF Official.
Acknowledgement from the current financial institution to be obtained.
Second cheque shall be released to the vendor only after receipt of the original documents
from current lending institution
Under Seller BT, following documents to be collected from vendor of the property
a) List of documents at the current lending institution
b) Outstanding Letter at the current lending institution
c) Authority letter/POA to be received from the vendor to collect property related
documents directly from the current lending institution
BT Additional Property to be a fully built-up property or under construction of not later than 12 months.
terms and
conditions
9. Credit Scoring
- Credit scoring has to be performed for all Home Loan and LAP new customers and during enhancement for
existing customers. Credit Scoring helps to quickly and efficiently obtain fact-based and accurate predictions of
the credit risk of individual applicants or customers.
- HHF adopts an exhaustive Credit Scoring Model to assess the risks of the customers. Our Credit Scoring Is derived
based on Customer Profile, Cash Flows to service the EMI, Collateral details and Bureau Scoring.
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16. Annexures:
Annexure 1 – Customer Appraisal Process
Annexure 2 – Credit Files and Disbursement Document
Annexure 3 – Negative Country List for NRI HL
Annexure 4 – General Power of Attorney
Annexure 5 – Indemnity Cum Declaration Cum Undertaking
Annexure 6 – Tripartite Agreement
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Annexure 1
Customer Appraisal Process
Are Sales Officer/ Cluster / Regional Heads doing Sales?
- Whether we can sell money?
- Whether Credit is a Special Skill?
Sales, in simple terms is complete only when consideration is fully received.
In a Finance Company, if we consider any one doing sales, his role is complete only when the last instalment is paid.
Hence in a finance business an executive who claims to be a Sales Person cannot stay away from credit, i. e evaluating
whether customer’s cashflow would be sustained / remain interrupted till the contract period, collection i. e
understanding reasons for disruption in Customers’ cashflow.
We need to understand:
(a) Customer segment and profile of customers who would be finding our offerings acceptable when compared
with other lenders in the market.
(b) Risks associated with such customer segment.
Target customers would be those who are self-employed, small business men and employees of small and medium
enterprises. Generally, they would be having cashflows just to meet their needs. To be a diligent lender it is important
to understand their ability to sustain cash flows over a loan period of 15 years.
The difference between a business loan and a home loan is that while business loan is short term and is based on future
earning potential the home loan is long term and given based on existing validated cash flows. To this extent
susceptibility of cash flows affecting repayment should be NIL and hence margin in this business is also low compared to
other forms of lending. Hence assessing his present earnings becomes the fulcrum on which success of our lending rests.
Generally, income assessment for a person having good banking habits is easy but the customer segment we cater to
would prefer investing their surplus in their business than keeping them in the bank. In this scenario assessment of risk
associated with cash flow can be mitigated only with diligent enquiry and validation process. Individual skill and integrity
are paramount. In order to guide executives to perform this important task an illustrative discussion-based evaluation
format is given in this note. It is imperative that all executives involved in customer selection give descriptive details on
parameters suggested here so that any reader gets comprehensive understanding of customer profile.
Since this segment will not get funds or cheaper funds for either meeting business needs or family needs their needs
will drive them to get more loans through top up or raising loans on free property, understanding endure of funds in
such cases become very important.
Wherever a customer is intending to purchase or construct a house it is necessary to understand rent he has been
paying. If the EMI of Loan sought is higher than rent paid validation of cash flow should be focused in understanding
how the extra earnings were invested in the past.
In this background all participants in whatever designations they have are performing a single task (i.e.) evaluating a
customers’ ability to service the loan. This guidance note aims to provide clarity of roles every executive in the system
to perform.
Objective: Credit decisions are taken on information collected as per scoring methodology and validated by four pairs
of eyes before payment is authorized to minimize risks in business.
Methodology: In order to have clarity in credit appraisal process, our company has a rating sheet which defines the
credit appraisal process to be followed. This approach helps in faster decision making to create an impact in the
customer’s minds about speedy action by the company and at the same time having a structured approach to reassure
the risks associated in the business of lending.
Our ERP defines the scoring methodologies to be adhered / followed and the risk rating which forms the basis for giving
in principle sanction.
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It is expected that all participants in the credit appraisal process follow the same methodology of risk rating to confirm
the appropriateness of credit scores given for the customer proposal.
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Discuss with customer about his past loans, existing loans, current
monthly Emi out go, and balance future tenure payable.
This can be personal loans, consumer durable loans, 2-wheeler loans.
etc., and who are this financiers from where it’s availed.
Existing loan details that are live
This will help you know, borrower’s commitment culture, and his monthly
and earlier loan details
compulsory outgo on loans.
Reference from his existing financiers, should be obtained and the same
has to be validated with the Statement of Account obtained, to confirm
the repayment track record of the borrower.
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Need for the borrower has to be assessed based on his past experience
and stability of what business that he is doing currently and since how
many years and what was his earlier activity prior to the current one.
For persons in business, we can get enough supporting evidence of his
business as well as his earnings.
Like, borrower’s audited financials of last 3 years collect filed IT returns,
bank statement of at least last 12 months.
If above type documents are not submittable, then you can get his
purchase bills of last 6 to 10 months, his sales bills of last 6 to 10 months
and some order copies that he supplies.
Apart from above you need to collect shop rental agreement copy, shop
registration copy, TIN registration copy. to know of borrower’s claim of
How to assess self-employed / his business.
small entrepreneur type customer Visit borrowers shop and see for yourself, what activity happens there.
for a loan. Income workings and How many staff are employed, what amount of approximate stock is
arriving at correct surplus available stored in his shop.
for servicing EMI’s Based on above and seeing his shop and style of living and your
discussion with borrower, you can guess what amount of money he
would be earning on an average a month.
Such borrowers also invest in small pieces of lands in nearby areas. Get
such details.
Add additional income if any, and seek for proof for that.
Then start on his outgo out of his gross income. Discuss about his various
type of expenses for his office as well for his house also.
You should also discuss about his current loans and monthly
commitment towards that.
Ensure that this data is genuine and realistic, for you to arrive at his
surplus income.
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This should be based on the Loan Amount against the actual property
cost (property cost / amount of funding sought).
Risk consideration areas to be considered are location risk, Type of Loan,
loan to value and property plan approvals, quality of construction, and
age of the property.
Asset Risk Information Look at these areas in detail, get your judgement right or when in doubt
not to hesitate in talking to right persons for help, before assigning a
rating.
Technical team to see—whether property is not near water logging
zone, low lying area, negative area, or coming under future expansion
plan of state for takeover.
Getting Borrowers family background, his qualification, his past and also
about his aspiration plays a big part in right evaluation.
Business history of the past and present including stability of his career
Customer Profile at various point also helps in evaluation
Personal discussion with borrower plays a big role in understanding his
intent, temperament and borrower taking ownership in taking
responsibility of honoring commitment, and give rating accordingly.
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Field Verification
The following documents will form a part of the Field Verification Process
Borrowers – House/business place photograph along with Borrower and HHF verifier to be seen in the photograph
Borrowers – house / business place area -- street view photos – to cover full view of street and surroundings
Borrowers place of stay — route map from our nearest location, including marking important land mark and clear
distance from our office
Borrower’s stay place distance from our office km Borrower’s business place distance from our office
km
Borrower’s proposed loan property place distance from our office km Name of Employee_ _ _ _ _ _ _ _ _ _ _
Employee ID
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Annexure 2
Credit Files and Disbursement Document
Disbursement Checklist:
Submitted
Sr. Provided( OTC Original / CBH CCM RCM/
Particulars Parameters Disbursement check List
No Y/N) (Y) Photocopy/ Check Check RMC
Draft
Operations Documents ✓ ✓ ✓
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Submitted
Sr. Provided( OTC Original / CBH CCM RCM/
Particulars Parameters Disbursement check List
No Y/N) (Y) Photocopy/ Check Check RMC
Draft
Sherlock
10 Sherlock Report Applicant/Co-applicant/Guarantor Yes Original
Report
System
12 Legal Report LSR Report Internal/Vendor Legal Report
Copy
Deviation or
Sanction Limit NCM/COO Mail Approval Photocopy
Authority Mail
OTC Mail
OTC Mail Approval Photocopy
approval
All Approval Insurance
13 Insurance Approval Photocopy
Mails Approval
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Submitted
Sr. Provided( OTC Original / CBH CCM RCM/
Particulars Parameters Disbursement check List
No Y/N) (Y) Photocopy/ Check Check RMC
Draft
Sanction
Condition NCM/COO Mail Approval Photocopy
Waiver Approval
Sanction Accepted Sanction letter duly signed
14 Sanction Letter Original
Letter By Applicant and Co-Applicants
NA order Y Photocopy
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Submitted
Sr. Provided( OTC Original / CBH CCM RCM/
Particulars Parameters Disbursement check List
No Y/N) (Y) Photocopy/ Check Check RMC
Draft
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Submitted
Sr. Provided( OTC Original / CBH CCM RCM/
Particulars Parameters Disbursement check List
No Y/N) (Y) Photocopy/ Check Check RMC
Draft
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Submitted
Sr. Provided( OTC Original / CBH CCM RCM/
Particulars Parameters Disbursement check List
No Y/N) (Y) Photocopy/ Check Check RMC
Draft
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Annexure 3
Negative Country List
28 Guinea 65 Togo
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Annexure 4
HINDUJA HOUSING FINANCE LIMITED
INSTRUCTIONS
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14. To obtain possession of the flat/s / unit/s as and when the same is ready for occupation.
15. To receive loan/s and all other documents including title documents on my behalf from HHF and execute receipt/s
therefor.
16. To sign forms, documents and papers required for the purpose of registration of Co- operative Housing Society or
a Limited Company or an Association of Apartment Owners and become member thereof participating in all the
meetings and proceedings from time to time, obtain share certificates and/or other documents issued in my name
and hold the same as my Attorney and obtain possession of the flat/s.
17. To open and/or operate Bank Account in any Bank in India in my name both resident as well as non-resident. The
account may be operated in Indian Currency or foreign currency to be remitted by me from time to time.
He/ She is authorized to do all such acts, deeds and things including signing any papers/documents as are necessary and
incidental to the above AND that any act or statement or writing of my said Attorney in pursuance here to shall be
deemed to be fully authorized and ratified by me.
Dated at this the day of 200.
Annexure 5
(To be on Rs.100 stamp paper with duly notarized)
INDEMNITY CUM DECLARATION CUM UNDERTAKING
This Deed of Undertaking cum Declaration is made at this day of in the year,
by:
I/We, Mr./Mrs. Age , residing at being the Borrowers/Mortgagors [Hereinafter referred to as
“the Parties”, (The expression shall, unless repugnant to the context or meaning thereof, is deemed to include his/her
survivors, heirs, executors and administrators) in favor of:
Hinduja Housing Finance Limited (HHFL), a non-banking finance company registered under the Companies Act, 2013
and having its Registered Office at 27, Developed Industrial Estate, Guindy, Chennai – 600 032 (hereinafter “HHFL” or
the “Mortgagee", which expressions shall, unless it be repugnant to the subject or context thereof, include its
successors and assigns) of the Second Part.
WHEREAS:
On the request of the Borrowers HHFL has agreed to sanction aggregating Credit facility of Rs. .00 Lacs
(Rupees Lacs Only) as granted to Mr./Mrs. against
registered mortgage of the properties described in the Schedule annexed and appended hereto (hereinafter referred to
as “said Properties”).
The o r i g i n a l t i t l e d e e d s of the said Properties are lying deposited with
Bank/ NBFC ( Branch), for the various facilities sanctioned by the said Bank to Mr./Mrs.
1. The Borrower/s has / have requested HHFL to take over its liabilities from the said Bank and the Mortgagors have
agreed to create equitable/simple mortgage of the said Properties in favor of the HHFL within days from
………………………. As per sanction letter.
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2. The Mortgagor/s state/s and declare/s that it will take 7 days to:
• Complete the formalities of closure of the account with the said Bank and all other existing bankers of the
Borrower.
• Collect the original title deeds of the aforesaid Properties deposited with the said Bank, for the various facilities
sanctioned to Mr./Mrs. after closure of the said accounts.
• Procure the Nil Liability/No Dues Certificate from the said Bank/NBFC.
• Obtain fresh Search Report from ROC/Sub-Registrar and Title Clearance certificate in respect of the said Properties.
• Obtain Valuation Report of the said Properties, etc.
• Complete the mortgage formalities of the said Properties in favor of the HHFL.
1. The Borrower states and declares that HHFL has agreed to release the facility sanctioned, totally aggregating to Rs.
.00 Lacs (Rupees Lacs Only) pending the compliance of requisition/conditions listed
above, subject to execution of an Indemnity cum Declaration for creation of mortgage, in favor of the HHFL.
2. The Borrower and Mortgagor [through their authorized signatories], hereby undertake with the HHFL, its
executors, successors and assignees as follows:
• To submit the original title deeds of the said Properties to HHFL.
• To submit the Nil Liability/No Dues Certificate from the Mr./Mrs./M/s
from existing Bankers.
• To execute equitable mortgage/registered mortgage documents and/or comply with such formalities as may be
required by the HHFL for fully effectuating the transfer of the said Properties in favor of the HHFL by way of
mortgage to secure the aforesaid facilities aggregating Rs. .00 Lacs (Rupees Lacs
Only) sanctioned to the Borrower.
• To comply with the requisition and complete all the formalities stated hereinbefore within 7 days from the date of
execution of these presents.
3. In the event of failure of the Parties to complete all the formalities within the prescribed time of 7 days, HHFL will
be at liberty to call back the entire amount of facility, availed by the Borrower.
4. The Parties hereby declare that the Properties stands mortgaged to HHFL for the above facilities sanctioned by it
and that the Mortgagors shall execute the mortgage deed in its favor on obtaining the original documents from the
said Bank. The Mortgagors further declare that HHFL will have a charge on the said Properties irrespective of
whether an equitable mortgage / registered mortgage is created in its favor or not and that the Mortgagors at no
point of time shall dispute the charge of HHFL over the said properties for want of creation of equitable
mortgage/registered mortgage or otherwise.
5. The Parties hereby indemnify the HHFL and its officials and agree to repay the entire credit facilities which is / are
availed by the Borrower, in the event of failure of the Parties to comply with the requisition of HHFL as stated above
within the stipulated period of 15 days.
6. The Parties hereby keep HHFL safe and indemnified against all claims, demands, suits, actions, proceedings, loss,
damages, costs, charges, expenses of whatsoever nature which may be made or brought or commenced against it
or be paid, sustained, suffered or incurred by it as reason consequent direct or indirect by reason of release of the
said credit facilities pending compliance of the aforesaid requisitions in pursuance of the foregoing request made
by the Parties.
7. The Parties further declares and states that if the HHFL incurs any expenses, cost, charges, then in such an event,
HHFL shall have the right to set off any such amount, expenses, charges, cost, etc. incurred by HHFL against the
amount of the Parties’ Fixed Deposit, dividend warrants, etc. or any other Deposits maintained by the Parties with
HHFL.
8. The Parties also declares that HHFL shall have the liberty to proceed against any movable or immovable Properties
owned and possessed by the Parties, to recover any loss, damages, costs or expenses caused to HHFL as reason
consequent direct or indirect by reason of release of the credit facilities pending compliance of the aforesaid
requisitions in pursuance of the foregoing request made by the Parties.
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9. The Parties shall pay to HHFL on demand, the amount of any such loss, damage, charges and expenses together
with interest @ ……. % per annum from the date of payment by HHFL until reimbursement by the Parties.
10. Failure to adhere to the terms and conditions of this declaration shall be construed as an event of default as
mentioned in the Facility Agreements/Sanction Letters & other documents executed by and between the Parties
and HHFL and shall be entitled to take such action as provided in the aforesaid documents. This undertaking shall
be read in conjunction with the documents executed by the Parties.
IN WITNESS WHEREOF the Parties have executed these presents at on the day of
/ / .
Name Signature
SCHEDULE
DESCRITION OF PROPERTY
All Parts and parcels of Non-Agriculture Residential
, Owned and possessed by with boundaries
as under;
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Annexure 6
(To be executed on a Rs.100 /- stamp paper)
TRIPARTITE AGREEMENT
THIS Agreement is made and executed here at on this day of 200
between Shri/ Smt , son/daughter/wife of Shri/ Smt
(hereinafter called the “Borrower” which term so far as the context admits shall mean and
include his/her heirs, executors, successors, administrators and legal representatives of the First Part and
-------------------------------- a Company incorporated under the Companies Act 1956, having its registered office at
or, a partnership firm through their Director/Partner/Proprietor Shri ,
S/o Shri having its office at ---------------------------------------------- hereinafter referred to as the
"BUILDER" (which expression shall unless the context otherwise requires, include its successors and permitted assigns)
of the Second part and
HINDUJA HOUSING FINANCE LIMITED, a company registered under the Companies Act, 1956 and having its registered
office at 27 A Developed Industrial Estate, Guindy, Chennai – 600032, and having its branch office at
of the Third Part
WHEREAS the Borrower has represented that the Builder is of his choice and that he has satisfied himself with regard
to integrity, capability for quality construction of the Builder and the Builder’s ability for timely completion and on time
delivery of the Project;
AND WHEREAS, as part of its business activity, builder has developed the project being -----------------------------------------
situated at ---------------------------------------(hereinafter referred to as the “PROJECT”);
AND WHEREAS the Builder has invited applications for allotment by sale of residential apartments in the said project
for which various payment options have been offered to the customers;
AND WHEREAS the Builder and the Borrower have entered into an agreement dated for the purchase of unit no
in the said Project of the Builder;
AND WHEREAS the Borrower and the Builder have jointly approached HINDUJA HOUSING FINANCE LIMITED for a Loan
of Rs towards payment of the sale / purchase consideration of the residential apartment in
the Project;
AND WHEREAS the Borrower has agreed to secure with HINDUJA HOUSING FINANCE LIMITED the said residential
apartment under finance as and by way of mortgage of all the rights, title, benefits that would accrue from the said
residential apartment till the currency and term of the said loan to be advanced/advanced. The Builder also agrees and
confirms that they shall take note of the said mortgage created by the Borrower and undertake not to create any third-
party rights or security interest of any sort whatsoever on the said flat without the prior written consent of HINDUJA
HOUSING FINANCE LIMITED;
AND WHEREAS based on several representations made by the Borrower and the same being acknowledged and
consented to by the Builder, the Lender granted a loan of Rs. /- (Rupees
only) to the Borrower, in terms of the Loan Agreement dated (hereinafter referred to as the "Loan
Agreement") duly executed by the Borrower;
AND WHEREAS HINDUJA HOUSING FINANCE LIMITED based on such requests and representation and at its sole
discretion, shall make disbursements under the Loan, which factor is hereby confirmed and acknowledged by the
Borrower herein;
AND WHEREAS HINDUJA HOUSING FINANCE LIMITED has considered the said request with a clear understanding and
an irrevocable undertaking by the Borrower that subsequent to the disbursement, if any, as requested by the Borrower,
there would be no repayment default for any reason whatsoever including but not limited to any concern/issues by and
between the Borrower and the Builder/Developer;
AND WHEREAS the Borrower has represented, and such representation being a continuing representation, that
Borrower’s obligation to repay the Loan shall be a distinct and independent obligation more particularly independent
of any issues/concern/dispute of whatsoever nature between the Borrower and Builder;
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AND WHEREAS one of the conditions for HINDUJA HOUSING FINANCE LIMITED sanctioning the said Loan to the
Borrower was that the understanding as stipulated in the recitals above shall be reduce and recorded in writing with an
understanding and intent of making the same irrevocable, binding and enforceable by and between the Borrower and
the Builder such time this formality is complied with to the satisfaction of the Lenders and documents in evidence
thereof are delivered to the Lenders there will be no disbursement pursuant to the Loan Agreement;
AND WHEREAS in consideration of HINDUJA HOUSING FINANCE LIMITED agreeing to give loan to the Borrower, all the
Parties have agreed as under.
NOW THEREFORE IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES THAT:
1. The foregoing recitals as mentioned above are incorporated herein by this reference and constitutes an integral
part of this Agreement.
2. The housing loan advanced to the borrower by HINDUJA HOUSING FINANCE LIMITED shall be subject to the
borrower's repayment capacity as assessed by HINDUJA HOUSING FINANCE LIMITED and shall be secured against
the first and exclusive mortgage of the residential apartment to be acquired in the Project in favor of HINDUJA
HOUSING FINANCE LIMITED.
3. The housing loan advanced to the borrower by HINDUJA HOUSING FINANCE LIMITED shall be repayable by the
borrower by way of Equated Monthly Instalments (EMI). The date of commencement of EMI shall be the first day
of the month following the month in which the disbursement of the loan will have been completed and
consequently the due date of payment of first EMI shall in such a case be the last day of the said following month.
Till the commencement of EMI, the borrower shall pay Pre-EMI, which is the simple interest on the loan amount
disbursed calculated at the rate of interest as mentioned in the respective loan agreement of the Borrower.
The Borrower has informed HINDUJA HOUSING FINANCE LIMITED of the scheme of arrangement between the
Borrower and the Builder in terms whereof the Builder hereby assumes the liability of payments under the loan
agreement as payable by the Borrower to HINDUJA HOUSING FINANCE LIMITED during the [insert period of
liability] (the period be referred to as the “Liability Period” and the Liability be referred to as “Assumed Liability”) It
is however agreed that during the liability period the repayment liability is joint and several by and between the
Borrower and the Builder. The assumption of liability by the Builder in no manner whatsoever releases, relinquishes
and / or reduces the liability of the Borrower and that same shall not be affected in any manner on account of any
difference and / or dispute between the Borrower and the Builder under the arrangement between them.
4. That irrespective of the stage of construction of the Project and irrespective of the date of handing over the
possession of the residential apartment to the Borrower by the Builder the Borrower shall be liable to pay to
HINDUJA HOUSING FINANCE LIMITED regularly each month the EMIs as laid down in the Loan Agreement to be
signed by and between the lender and the Borrower. The Borrower shall execute an indemnity and such other
documents as may be required by HINDUJA HOUSING FINANCE LIMITED in favor of HINDUJA HOUSING FINANCE
LIMITED in this regard.
5. The Borrower shall ensure to pay to the Builder his own contribution in full i.e., the cost of the flat minus the loan
amount being disbursed by HINDUJA HOUSING FINANCE LIMITED before availing of the disbursement from
HINDUJA HOUSING FINANCE LIMITED.
6. That HINDUJA HOUSING FINANCE LIMITED shall at the request of the Borrower disburse the balance sale
consideration to the Borrower by way of cheque drawn in favor of the Builder. Any balance payment or any
payment towards escalation towards the cost of the residential apartment shall be made by the Borrower himself
to the Builder.
7. That the Builder shall not hand over the actual and physical possession of the said flat/residential apartment to the
Borrower before execution and registration of the said deed and the original registered sale deed shall be submitted
to HINDUJA HOUSING FINANCE LIMITED directly by the Builder to be kept by HINDUJA HOUSING FINANCE LIMITED
towards security for the said loan.
8. That if the Borrower fails to pay the balance amount representing the difference between the loan sanctioned by
HINDUJA HOUSING FINANCE LIMITED and the actual purchase price of the flat/residential apartment, or in the
event of death of the Borrower or in the event of cancellation of the residential apartment for any reason
whatsoever the entire amount advanced by HINDUJA HOUSING FINANCE LIMITED will be refunded by the Builder
to HINDUJA HOUSING FINANCE LIMITED forthwith. The Borrower hereby subrogates all his rights for refund with
respect to the said residential apartment in favor of HINDUJA HOUSING FINANCE LIMITED.
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9. Further if the Borrower commits a breach of any of the terms and conditions of this Tripartite Agreement it shall be
treated as an event of default under the Agreement for Sale / Allotment cum Agreement for sale or any such
agreement or document signed by and between the Borrower and the Builder for the sale of the said residential
apartment.
That in the event of occurrence of default under the Loan Agreement which would result in the cancellation of the
Allotment as a consequence thereof and/or for any reason whatsoever if the allotment is cancelled, any amount
payable to the Borrower on account of such cancellation shall be directly paid to HINDUJA HOUSING FINANCE
LIMITED. However, it is further agreed between the Parties that such payment made by the Builder directly to
HINDUJA HOUSING FINANCE LIMITED shall not absolve the Borrower from his liability to pay the residual amount,
if any, from the outstanding under the Loan Agreement.
That the Borrower agrees that it unconditionally and irrevocable subrogates its right to receive any amount payable
by the Builder to the Borrower in the event of cancellation in favor of HINDUJA HOUSING FINANCE LIMITED and
that the act of payment by the Builder to HINDUJA HOUSING FINANCE LIMITED under this clause shall amount to
a valid discharge of the Builder of its obligation to pay the Borrower such cancellation amount.
Further that the parties agree that the Builder shall in no circumstances forfeit any amount over and above the
amount equivalent to the Borrowers contribution towards the purchase consideration paid to the Builder.
Borrower’s contribution for the purposes of this clause shall mean and include the difference between the total
cost of the residential apartment and the Loan amount as mentioned above.
10. Further, the Builder, in the in the event of default of repayment as mentioned in clause 2 and 3 herein above, shall
on intimation by HINDUJA HOUSING FINANCE LIMITED cancel the allotment of the residential apartment in favor of
the borrower and refund all monies to HINDUJA HOUSING FINANCE LIMITED directly under intimation to the
borrower for appropriation and adjustment by HINDUJA HOUSING FINANCE LIMITED against all monies due to it
from the Borrower as mentioned above.
11. The Builder also confirms and undertakes that it shall submit to HINDUJA HOUSING FINANCE LIMITED all
documents for the Project as requested by HINDUJA HOUSING FINANCE LIMITED and shall keep HINDUJA
HOUSING FINANCE LIMITED informed of the progress of the project and shall obtain a clearance from HINDUJA
HOUSING FINANCE LIMITED before handing over possession of the respective apartment to the borrower.
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Corporate Office: No: 27-A, Developed Industrial Estate, Guindy, Chennai - 600 032.
Ph: 044-3925 2525 | Email: compliance@hindujahousingfi[Link]
[Link]fi[Link]
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