How to get affidavit to request for noc from bank

You can get into contact with a local advocate,  get the NOC prepared and also prepare a  draft rectification deed prepared.

Originally posted by : Sushma Reddy

Hi,I am the owner of a property and we have a home loan on the property for which my husband is a co applicant. Now I want to gift deed the property to my husband in order to purchase another property in my name. When we approached the bank for NOC letter they have asked us to get an affidavit through an advocate. They have told us that we also have to get a rectification deed for MOD done. can anyone tell us how to proceed with this ? Also is there any format for the affidavit? Thank you,Sushma 

For preparing the affidavit as per the bank's requirement, you may have to contact any advocate either from this  forum or outside. 

For that you have to give the details based on which the advocate will prepare the affidavit after which you can sign it, get it notarised and submit it to the bank.

For gifting the property you are requesred to exeecute a registered gift deed in his favor, hence you have to obain NOC from bank along with the copy of the original title document duly attested byt he bank manager stating it to be copy of the original document held in bank in the MOD.

Subsequently, since your husband shall be the primary borrower, the MOD has to be replaced with the new title document (gift deed) now on your husband;s name which is sufficient to prove his title and a rectification can be done on the MOD accordinlgy