What are Implications of death of home loan borrower?

Buying a grand house is every Indian's dream. While earlier most people bought a house after their retirement, modern people can become a homeowner in the early stage of life. This has been possible due to relaxation in home loan policies. In India, many people have successfully purchased their first home under PMAY. The scheme provides subsidy on interest, which makes loan repayment easier. But this does not mean that you will get any debt forgiveness.

Among the various reasons for nonpayment of a home loan, the borrower's death is the most common cause. The common question for every home loan borrower is what will happen to their home in case of their death. Will it force his family to vacate the house as the bank immediately takes over the property? Or, will all the installments of his home loan go in vain upon his death?

Well, before taking this topic further, let us explore the different categories of loans and the provision of loan repayment in each case.

1) Joint Loan - This type of home loan is taken jointly by two borrowers. If the primary borrower dies, the right to repay the home loan is given to another borrower. However, if the surviving co-applicant refuses to repay the loan balance, the lending bank may seek legal recourse in the civil court or the Debt Recovery Tribunal.

2) Secured loan- A secured loan is one in which the borrower pledges certain assets in case of failure to repay the loan. If the borrower of the secured loan dies, his / her spouse or heir will have to inform the bank about the same by presenting the death certificate.

In this case, the bank cannot take any coercive measures to force the surviving spouse or heir to repay the debt. In addition, for the recovery or enforcement of security, it must comply with the law.

3) Unsecured loan- In this case, the lending bank cannot claim unpaid loan from the surviving borrower or heir of the deceased borrower. However if the deceased borrower has left any property in the name of his partner or heir, the creditor can recover the outstanding amount by selling them after initiating appropriate legal action.

We conclude that things do not change much by the borrower's death. The loan still exists and has to be repaid by a co-partner, spouse or legal heir. The family of the deceased borrower can handle the mortgage in several ways. Here, we have mentioned some simple tips in this regard.

Tips 1- Repay the loan as per your convenience

The survivors can inform the bank about the demise of the borrower and continue to repay the loan. It can be difficult to arrange money. But in that case, you should inform the bank about your current financial situation. Most lenders are supportive of their customers and will provide them with suitable suggestions for repaying the mortgage.

Tips 2- Repayment and Refinance

The legal heirs of the deceased borrower can refinance the loan or they can repay the loan in full.

Tip 3- Sell or rent a house

If the spouse or heir has no regular source of income to repay the loan, they can resell or rent the home. Money received in this way can be used to repay the loan.

Tip 4- allow the bank to occupy the property

The survivor may allow the bank to recover the loan by selling the house at auction. If the immovable property is more than the debt owed on it, the difference from the sale proceeds will be transferred to the heirs.

Is it wise to invest in the Indian real estate market in 2020-2021?

Finance Minister, Nirmala Sitharaman presented the Union Budget 2020-21 on 1 February. Highlights of the budget for the real estate sector are as follows:

Deductions on affordable housing were allowed on housing loans sanctioned on or before March 31, 2020. In order to ensure that more people take advantage of this benefit and to pursue affordable housing, the date of loan approval has been proposed to be extended by 1 year. To boost the supply of affordable homes in the country, a tax holiday is being provided on the profits earned by the developers of the affordable housing project till 31 March 2020.

Currently in real estate transactions, when taxing income from capital gains, business profits, and other sources, if the consideration value is less than the 5% circle rate, the difference is counted as income for both the buyer and seller. To reduce the difficulty in real estate transactions and provide relief to the sector, it has been proposed that the limit be increased from 5% to 10%.

An investment of Rs 100 crore will be made on infrastructure in the next 5 years in various sectors like housing, infrastructure, energy, healthcare, educational institutions, transport, logistics and warehousing, irrigation projects etc.

The year 2019 was a period of many highs and lows for the Indian real estate market. The ongoing crisis resulted in a decrease in liquidity and a slower pace of sales improvement. However, on the positive end, the successful launch of India's first real estate investment trust (REIT) opened up new avenues for investment, while several positive government initiatives provided much needed relief to the sector. 

According to research, the housing sale price of India's top 9 listed players reached in the 2nd and 3rd quarters of 2019, an increase of 5%. 2019 saw a 4–5% annual increase in housing sales with over 2.58 lakh homes sold during the year. The new housing launches in 2019 saw 18-20% annual growth and developers are expecting sustained efforts of the central government such as additional cuts on loan interest, GST rate cuts, alternative investment funds for stalled projects and credit guarantee scheme changes in the sector will be strengthened.

Builders Priority to Clean Ready-to-Occupancy Inventory During COVID-19 Outbreak

Real estate sales in India were improving in the first quarter of 2020, until the social distancing advisory was implemented by the government, with the outbreak of the COVID-19 virus continuing, reducing site visits. Subsequent lockdown forced house buyers to postpone the decision to buy their home until the government and the market had more clarity than stability.

The economic relief measures announced by the government are extremely positive for the real estate sector on a large scale. This measure will compensate for the short-term impact of the crisis and increase liquidity, thereby easing credit flow and reducing the pressure of delivery deadlines. This will allow real estate developers to reorganize their business strategies and focus on high priority operations without additional financial burden. It will also ease home buyers' concerns and accelerate the completion of delayed projects. This step highlights the magnitude of the realty sector in India. Being the second largest employer in India, it is mandatory to protect the welfare and interests of all stakeholders.

Currently, the priority of most builders is to sell ready-to-occupant inventory. Now that the government has relaxed the lockout, the market may pick up momentum again, with more buyers entering the market. Although sales will be comparatively slow, it is unlikely to affect real estate prices overall, which has also maintained flexibility during demonetization and other reformist changes previously announced by the government .

In these challenging times, as people have realized the importance of owning a house, the demand for residential properties may increase in metro cities.

Better demand for property is likely to have a positive impact on property prices.

The place for price appreciation in real estate as the city offers quality housing options at affordable rates. Although the lockdown caused a short period of delay in construction activities, a reduction in prices is unlikely.

Should know about payment of guest accommodation agreement

Paying guest accommodation is becoming a preferred option among students and young employees. Staying away from his hometown, a Paying guest provides a homey atmosphere to flourish. Students look for excellent facilities, good food, high security and many other facilities when choosing paying guest accommodation in various cities, but they often ignore the importance of signing a Paying Guest Accommodation Agreement with the landlord. By doing this, they create sufficient scope to pay huge deposits and to rent for various facilities. In addition, they may end up in a variety of landlord-tenant conflicts, with no valid way of proving their point. Before digging deeper on the importance of a paying guest housing agreement, let us understand the important difference between a paying guest and a tenant.

Paying Guest vs Tenant

As a tenant one gets a separate flat or a different part of the rented house. And, the landlord is not allowed to enter that premises, without the permission of the tenant. On the other hand, a paying guest resides within the landlord's premises and can share many common facilities with him. Now, as the paying guest is not a tenant, he / she cannot enjoy all the privileges that have been given to a tenant under the law. But the government has provided special provisions for paying guests.

The Urban Development Department has come forward to regulate the functioning of payment of guest accommodation across the state, making their registration with the designated officer mandatory. In addition to determining registration with fees, the rules also specify the number of guests who can stay at a Paying Guest. In addition, the law also makes it mandatory for a landlord to sign a paying guest agreement.

Benefits of signing a Paying GuestAgreement

Once you have selected a Paying Guest, the next thing you need to do is a Paying Guest Agreement with the landlord. It may be possible that your landlord may not be convinced about entering into a legal agreement. If this is the case, you should convince them of the benefits of signing this agreement. A well prepared Paying Guest settlement protects both the owner and the guest paying against future legal battles. It also ensures that either party does not deviate from the rules that were previously agreed upon.

The Paying Guest Agreement also serves as proof of local address for the paying guest. Also, it will provide proof of the rent you are paying to the landlord and the facilities he is obliged to provide to you.

How to sign a Paying Guest Agreement?

A paying guest agreement must be documented on stamp paper. As long as the agreement is signed on the stamp paper, it does not need to be notarized. Remember that if there is no agreement on the stamp paper, it cannot be used as a document of proof in the courts in case of disputes.

The agreement must contain the name and permanent address of both the landlord and the paying guest. It should be signed by both the parties and two witnesses.

Also, the agreement should provide detailed information about facilities, rent, security deposit and the code of conduct expected from both parties.

Since the Paying Guest Agreementis a license to live and use the premises only, it can be made for 1 year, 1 month, 6 months or any period.

How to manage joint property ownership after divorce

Family is the most integral part of making a house a home. But unfortunately, divorce has become a harsh reality of society. In modern times, both partners contribute to buy a property. And, thus, when they split, each partner tries to claim ownership of the property. Of all the assets you brought as a pair, the real estate properties call for the most attention.

Between emotional turmoil and social pressure, the division of property can be quite difficult. To claim their respective shares in the property, both parties must provide proof in the form of clear documentation. There can be real confusion over who pays to buy the property. Therefore, each party is required to produce proof about every penny spent on the property. In this article, we have shared some tips on how to manage property ownership when you say it with your partner.

How to divide residential property after divorce?

There are three simple ways in which a couple can divide a real estate asset. They are mentioned below:

· Both parties can rent the property and share the rent equally. It is a good idea if there is speculation that the property price will increase over time. You can continue the rental income until the property rate goes up and you find suitable buyers for it.

· If it is difficult for one spouse to leave the house, the other may rent part of the other party. If the former wife decides to rent it from the husband, it can be adjusted against any alimony allowance made by the husband.

· The third option is that one partner buys the other partner's property by paying in cash. But if there is confusion on the part of each partner in the property, it is better to clarify it first.

If there is a long-term home loan that has to be repaid by each partner, it is best to keep paying EMIs. And, until then, they can rent property and share income.

How to establish your claim after divorce?

· If each partner can present well-written documents proving equity in your claim and assets, the division of assets becomes easier. However, in the case of joint ownership of property, both husband and wife legally will have equal rights over the property.

· However, if a party contributed more money to purchase the property, it can claim a higher stake in the property by furnishing valid documents such as bank statements and EMI payment receipts.

· In India, many husbands decide to register a house in their wife's name to take advantage of reduced stamp duty. In this case, the husband cannot claim his share in the property even though the entire property has been purchased by him. Indian laws on marriage recognize the ownership of homes.

· If the property is jointly owned by the husband and wife, after the divorce, the former wife is entitled to receive 50% of the property, even if she has not contributed towards purchasing the property.

· If a property is owned by the spouse alone, the other partner cannot make any claim on the property acquired themselves if they decide to divorce.

· However, if the wife has contributed to the purchase of the property, but the title deed is only with the husband, then she can claim her share by presenting proof about payment of EMI and other details.

· If the wife has contributed towards the down payment of the property while paying the monthly EMI, the husband can claim ownership if he pays the amount extended by his wife.

Can every real estate be divided after a divorce?

Only property that was brought after marriage can be divided after divorce. Assets acquired by husband or wife as inheritance cannot be divided.

If India, if a woman wants a divorce, she cannot claim rights in her husband's property. However, if the husband wants a divorce, he must pay a regular maintenance fee to his wife or support her by providing the property.

Trends those are likely to shape the real estate market in 2020

2019 was a relatively challenging year for Indian real estate, which faced a slowdown in the sector. Nevertheless, the recession made Indian developers aware of where they stand and the drawbacks are to blame. As a result, industry experts expected, in 2020, to adapt to several changes in terms of preference, demographics, technology and policies, in a bid to boost buyer sentiment and promote affordable housing sales.

Even with the slowdown in the sector, sales showed some signs of improvement in Q3 and Q4 of FY19, due to redemptions made by developers in their product offering, based on an understanding of consumer demand. New age developments are more suitable for millennial, which are actually the target group of many affordable housing developers,” says Dinesh Doshi, Managing Committee Member, CREDAI MCHI, Raigad.

Top Realty Trends in 2020

Real estate to operate the end user

The market is becoming increasingly end user driven. “While the number of real estate investors is already small, this segment is shrinking further. In the coming year, it seems that almost all of the demand will come from end users, with the supply of products targeted primarily to them, says Mayur Shah, Managing Director, Marathon Realty.

Demand to increase compact housing, co-working and commercial space

The demand for 'compact housing' is likely to increase a great deal across the country. In different regions, homes whose price is right have the potential to elicit good feedback from consumers. Developers will address this challenge, going further,” says Shah. The healthy demand for co-working spaces seen in 2019 is likely to continue until 2020. The growth of the commercial real estate segment, which is attracting foreign investments, will also help in improving the economy.

Heavy Dependence Technology

New-age customers rely heavily on technology and social media as they enter the housing market. Thus, it will become imperative for developers to adopt and leverage technology, to engage with customers, to enhance the experience at every point of view and to create positive perceptions about the field. Adoption of technology will also increase efficiency, quality and transparency, which will lead to change in the sector, ” he explains.

Challenges facing real estate in 2020

The industry is seeking support from the government, to overcome some challenges and to emerge from the recession. While the government has taken several steps so far, continuous reforms are necessary in many key areas.

·     Industry status and single-window clearances

·     Funding from banks

·     Financial bailout

·     GST burden and input tax credits

·     High stamp duty charges

·     Home loan interest rates