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Deed Of Trust Subordination Agreement

Deed Of Trust Subordination Agreement Template for India

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Key Requirements PROMPT example:

Deed Of Trust Subordination Agreement

"I need a Deed of Trust Subordination Agreement for a commercial property development in Mumbai, where an existing trust interest from January 2025 needs to be subordinated to a new senior trust interest for construction financing, with the property valued at ₹50 crore."

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Document background
The Deed of Trust Subordination Agreement is a specialized legal instrument used in Indian jurisdictions when there is a need to reorganize the priority of different trust interests over the same property or assets. This document becomes necessary when multiple trust arrangements exist and there is a requirement to establish a clear hierarchy of interests, often in response to refinancing, restructuring, or new investment opportunities. The agreement must comply with the Indian Trusts Act, 1882, the Registration Act, 1908, and other relevant Indian legislation. It typically includes detailed information about the existing trust arrangements, specific terms of subordination, representations and warranties from all parties, and comprehensive property descriptions. The document is particularly crucial in real estate and financial transactions where multiple trust interests need to be clearly prioritized to facilitate new arrangements or investments.
Suggested Sections

1. Parties: Identification of all parties including the trustee(s), beneficiaries, and other relevant parties to the subordination agreement

2. Background: Recitals explaining the existing trust arrangement, reason for subordination, and current status of trust interests

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

4. Existing Trust Interests: Description of current trust arrangements and priorities

5. Subordination Terms: Specific terms of the subordination, including which interests are being subordinated to others

6. Representations and Warranties: Statements of fact and guarantees by all parties regarding their authority and the trust property

7. Covenants: Ongoing obligations of the parties regarding the subordinated interests

8. Notice Requirements: Procedures for providing notices between parties

9. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

10. Execution: Formal execution block complying with Indian legal requirements

Optional Sections

1. Security Provisions: Additional security arrangements if required for the subordinated interests

2. Default and Remedies: Specific provisions dealing with default scenarios and available remedies

3. Registration Requirements: Specific registration obligations if the property requires special registration

4. Third Party Rights: Provisions regarding rights of parties not directly involved in the subordination

5. Amendment Procedure: Process for modifying the agreement in the future

6. Costs and Expenses: Allocation of costs related to the subordination arrangement

Suggested Schedules

1. Schedule A - Property Description: Detailed description of the trust property subject to subordination

2. Schedule B - Existing Encumbrances: List of all existing encumbrances, liens, or other interests affecting the trust property

3. Schedule C - Original Trust Deed: Copy or details of the original trust deed being subordinated

4. Schedule D - Priority Structure: Detailed breakdown of the new priority structure after subordination

5. Appendix 1 - Required Notices: Forms of notices required under the agreement

6. Appendix 2 - Registration Requirements: Specific registration forms and requirements under Indian law

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Business Day
Commencement Date
Effective Date
Encumbrance
Existing Trust Deed
Junior Trust Interest
Original Trust
Party/Parties
Prior Rights
Property
Registration Authority
Senior Trust Interest
Subordinated Interest
Subordinating Party
Subordination
Trust Assets
Trust Beneficiaries
Trust Property
Trustee
Trust Deed
Security Interest
Stamp Duty
Registration Fee
Permitted Encumbrances
Notice
Term
Default Event
Governing Law
Indian Trusts Act
Priority Position
Related Documents
Representatives
Superior Interest
Relevant Industries

Real Estate

Banking and Finance

Corporate Trust Services

Property Development

Investment Management

Family Office Services

Wealth Management

Commercial Property

Infrastructure

Non-Banking Financial Companies

Relevant Teams

Legal

Compliance

Real Estate

Trust Administration

Property Management

Risk Management

Corporate Services

Finance

Investment

Company Secretarial

Relevant Roles

Trust Administrator

Legal Counsel

Property Manager

Real Estate Manager

Finance Director

Compliance Officer

Trust Officer

Investment Manager

Asset Manager

Corporate Trustee

Property Developer

Senior Legal Advisor

Risk Manager

Trust Services Director

Company Secretary

Industries
Indian Trusts Act, 1882: Primary legislation governing the creation, management, and regulation of trusts in India. Defines rights and obligations of trustees, beneficiaries, and trust formation requirements.
Registration Act, 1908: Mandates registration requirements for trust deeds and other property-related documents. Specifies the procedure for registration and its legal effects.
Transfer of Property Act, 1882: Governs transfer of property rights and interests, including trust property. Relevant for understanding property rights hierarchy in subordination agreements.
Indian Contract Act, 1872: Provides the legal framework for contract formation and enforcement. Relevant for the contractual aspects of the subordination agreement.
Indian Stamp Act, 1899: Specifies stamp duty requirements for various legal documents including trust deeds and agreements. Ensures proper validation of the document.
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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