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Equity Release Agreement Template for India

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Key Requirements PROMPT example:

Equity Release Agreement

"I need an Equity Release Agreement for a residential property in Mumbai valued at Rs. 5 crore, where the owner is a senior citizen seeking to release 40% of the property value while retaining lifetime occupancy rights."

Document background
The Equity Release Agreement is a specialized financial instrument used in the Indian market to help property owners, particularly senior citizens, access the monetary value of their real estate assets without selling the property or vacating it. This document is essential when property owners seek to unlock the equity in their property while retaining occupancy rights. The agreement typically includes detailed provisions for property valuation, payment terms, interest calculations, maintenance obligations, and eventual settlement procedures. It must comply with Indian banking regulations, property laws, and consumer protection requirements, including specific RBI guidelines for housing finance. The document is particularly relevant in cases where property owners need significant funds for retirement, healthcare, or other major expenses while wanting to continue residing in their property.
Suggested Sections

1. Parties: Identification of the property owner(s) and the financial institution

2. Background: Context of the agreement, including property ownership details and purpose of equity release

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Detailed description of the property including title and encumbrance status

5. Equity Release Terms: Core terms including release amount, valuation basis, and payment structure

6. Interest and Charges: Details of interest calculation, fees, and other applicable charges

7. Representations and Warranties: Declarations by property owner regarding ownership, capacity, and property status

8. Borrower Covenants: Ongoing obligations of the property owner including property maintenance and insurance

9. Lender Covenants: Obligations of the financial institution including service standards and communications

10. Security Provisions: Details of the charge/mortgage over the property

11. Term and Termination: Duration of agreement and circumstances for early termination

12. Events of Default: Circumstances constituting default and consequences

13. Dispute Resolution: Process for handling disputes including jurisdiction and governing law

14. Notices: Communication protocols between parties

15. General Provisions: Standard boilerplate clauses including severability and entire agreement

Optional Sections

1. Nomination: Used when the property owner wishes to nominate beneficiaries for the property

2. Power of Attorney: Included when specific powers are being granted to the financial institution

3. Joint Owners Provisions: Required when the property has multiple owners

4. Senior Citizen Protections: Additional protections when the property owner is a senior citizen

5. Property Development Rights: Included when addressing future development potential of the property

6. Refinancing Options: Used when providing options for future refinancing

7. Early Repayment: Included when early repayment options are available

8. Sale Provisions: Used when addressing potential future sale scenarios

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property including boundaries and measurements

2. Valuation Report: Professional valuation report of the property

3. Payment Schedule: Details of payment structure and timing

4. Fee Schedule: Comprehensive list of all applicable fees and charges

5. Insurance Requirements: Detailed requirements for property insurance

6. Property Maintenance Standards: Specific standards for property maintenance and upkeep

7. Required Documents: List of documents required to be maintained by the property owner

8. Risk Disclosure Statement: Detailed disclosure of risks associated with the equity release arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


















































Clauses



































Relevant Industries

Banking

Financial Services

Real Estate

Insurance

Legal Services

Housing Finance

Senior Care Services

Wealth Management

Relevant Teams

Legal

Compliance

Risk Management

Credit

Operations

Property Services

Documentation

Customer Relations

Mortgage Services

Wealth Management

Relevant Roles

Legal Counsel

Property Lawyer

Banking Officer

Mortgage Specialist

Risk Manager

Compliance Officer

Financial Advisor

Property Valuer

Senior Relationship Manager

Contract Manager

Housing Finance Manager

Legal Documentation Officer

Senior Credit Officer

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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