(Mad); Gauri Dutta Marwari v D. K. Dowring ILR (1934)13 Pat 735:
AIR 1934 Pat 413.
But a document assigning or transferring a charge upon immovable property
of the statutory value, or releasing such charge, would require compulsory
registration under sec. 17(1)(b) of the Registration Act?Narayana v Govinda
(1936)163 IC 190 (Mad); Pratapsing Moholalbhai v Keshevlal Hiralal ILR (1934)
59 Bom 180 (PC).
FORMS
1
Agreement to Release Undivided Interest in the Joint
Property bequeathed under a Will in favour of other
co-owner upon receipt of agreed consideration
THIS AGREEMENT made this………. day of……….. 20….. BETWEEN SHRI
PRODYOT KUMAR UPADHAYA, aged…… years, residing at…………… (hereinafter
referred to as ?the Party of the FIRST PART?). SHI PRAKASH KUMAR UPADHAYA,
aged about…….. years, residing at…………..(hereinafter referred to as ?the party
of the SECOND PART?) AND SRI PANKAJ KUMAR UPADHAYA, aged about………
years, residing at…………. (hereinafter referred to as ?the Party of the THIRD
PART), all sons of Late Jatindranath Upadhaya a Hindu governed by the
Dayabhaga School of Hindu Law and are members of Hindu undivided family.
WHEREAS :
1. Late Jatindranath Upadhaya, the father of the parties hereto had died on
the………….. his last will and Testament whereby and whereunder he had
bequeathed his house properties as fully mentioned and described in the
Schedule hereunder written and hereinafter referred to as ?the said property in
favour of SRIMATI PURNIMABALA UPADHAYA, the wife of the deceased, for her
life and after her death to his four sons, namely the said (1) Prodyot Kumar
Upadhaya, (2) Prakash Kumar Upadhaya, (3) Pankaj Kumar Upadhaya and (4)
Prasun Kumar Upadhaya, of whom those named under serial Nos. (1) to (3)
hereof are the parties hereto, in equal shares.
2. As per terms of the said Will or Testament no provision whatsoever was
made by the deceased father of the parties hereto in respect of his four daughters
in consideration of their being given in suitable marriage during the lifetime of
the deceased.
3. The said Will is yet to be duly proved and Probate obtained from the
appropriate court, but the parties hereto, each of whom is the heir expectant and
have vested interest in respect of 1/4th (one-fourth) share in the said property
upon cessation or extinguishment of the life interest of their mother therein, are
desirous of making a mutual settlement and/or adjustment of their respective
vested interest, share or claim in respect of the said property.
Ch. 50] RELEASE?FORMS 543544 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND
BETWEEN THE PARTIES HERETO as follows:
1. In consideration of the payment of Rs. 25,000.00 (Rupees Twenty-five
thousand) only by Sri Prodyot Kumar Upadhaya (the party hereto of the First
Part) to Sri Pankaj Kumar Upadhaya (the party hereto of the Third Part), (which
sum the said party of the Third Part doth hereby acknowledge as having received
in several instalments during the period from……. to…….), the party hereto of the
Third Part agrees to release and relinquish all his vested interested, right or title
in respect of 1/4 (one-fourth) share in the said property as mentioned and
described in PART ?A? of the Schedule hereunder written in favour of the Party
hereto of the First Part.
2. In consideration of the payment of Rs. 10,000.00 (Rupees ten thousand)
only and upon agreement to release and relinquish his 1/4th (one-fourth share
or vested interest in respect of the property as mentioned and described in PART
?B? of the Schedule hereto by Sri Prodyot Kumar Upadhaya (the party hereto
of the First Part) to and in favour of Sri Prakash Kumar Upadhaya (the party
hereto of the Second Part), (which sum the said party of the Second Part doth
hereby acknowledge as having received in several instalments during the period
from……. to…….), the party hereto of the Second Part agrees to release and
relinquish all his vested interest, right or title in respect of 1/4th (one-fourth) share
in the said property as mentioned and described in PART ?A? of the Schedule
hereunder written in favour of the party hereto of the First Part.
3. In consideration of the payment of Rs. 10,000.00 (Rupees Ten thousand)
only by Sri Prakash Kumar Upadhaya (the party hereto of the Second Part) to
Sri Pankaj Kumar Upadhaya (the party hereto of the Third Part), (which sum the
said party of the Third Part doth hereby acknowledge as having received in
several instalments during the period from……. to……..), the party hereto of the
Third Part agrees to release and relinquish all his vested interest, right or title
in respect of 1/4th (one-fourth) share in the said property as mentioned and
described in PART ?B? of the Schedule hereunder written in favour of the Party
hereto of the Second Part.
4. In consideration of Sri Prakash Kumar Upadhaya (the Part hereto of the
Third Part) having agreed to bear all necessary legal costs and expenses in
connection with obtaining the Probate of the said Will, he has not been called
upon to make any payment as his share or contribution towards this mutual
release or settlement or adjustment of respective claim or interest in the said
property.
5. The parties hereto hereby agree and declare that each of them and in the
event any one of them shall die before giving effect to the terms of this agreement,
his legal heirs, successors, executors, administrators or assigns shall be bound
and execute necessary document or documents to give effect to the terms of
this agreement and for further and more perfectly assuring the said property and
every part thereof to each other according to the true intent and meaning of this
deed.SCHEDULE ABOVE REFERRED TO:
PART ?A?
ALL THAT the messuage land measuring 7(seven) decimals more or less,
being portion of the land recorded under Khatian No……. Dag No…… R.S.
No………… Touzi No……… J.L. No…….. within Mouza………, P .S. & S.R………. Dist.
24 Parganas (North), TOGETHER WITH the buildings and structures standing
thereon butted and bounded as follows:
NORTH : By land of Prodyot Kumar Upadhaya & others
EAST : By Premises of Sri Rupendra Nath Upadhaya
SOUTH : By Public Road
WEST : By land of Prodyot Kumar Upadhaya & others
PART ?B?
ALL THAT the two-storied building situate lying at and being premises No………
within P .S………., S.R…….. District 24 Parganas (North), as described in the Deed
of Conveyance registered in the office of the District Registrar………. and entered
in Book No. I, Volume No…….. Pages…… to…….. Being No……… for the year………
IN WITNESS WHEREOF the parties hereto have executed these presents the
day month and year first above written.
SIGNED AND DELIVERED by the FIRST
PARTY in the presence of
WITNESSES :
1.
2.
SIGNED AND DELIVERED by the SEC-
OND PARTY in the presence of
WITNESSES:
1.
2.
SIGNED AND DELIVERED by the THIRD
PARTY in the presence of
WITNESSES:
1.
2.
2
Deed of Release between Co-owners realising the rights and
interests of two co-owners in favour of one co-owner
THIS AGREEMENT made etc. BETWEEN A.B. and C. etc. (Vendors) of the
Ch. 50] RELEASE?FORMS 545
G : CDD (Vol. 6) ? 35546 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
FIRST PART D. and E. etc. (parties hereto of the second part) of the SECOND
PART AND F. etc., (Purchaser) of the THIRD PART.
WHEREBY IT IS AGREED AND DECLARED as follows:
1. The parties hereto declare, admit and acknowledge that the Purchaser and
each of the Vendors is seized and possessed of an undivided one-fourth share
of and interest in the land, hereditaments and premises No………. mentioned and
described in the schedule hereunder written and the inheritance thereof
absolutely for ever subject as to the undivided one-fourth share therein of the
Vendor C to the respective rights of the Parties hereto of the Second Part as
next hereinafter mentioned.
2. The Purchaser and each of the Vendors also declares, admits and
acknowledges that each of the Parties hereto of the Second Part is in entitled
to a right of residence in and maintenance out of the undivided one-fourth share
of the Vendor C in the said land, hereditaments and premises.
3. The Vendors shall sell and the Purchaser shall purchase free from all
encumbrances the Vendors? total undivided three-fourth share of and interest
the said land, hereditaments and premises at or for the aggregate price of
Rs??. subject to the Parties hereto of the Second Part concurring in the sale
by the Vendor C of his undivided one-fourth share therein and releasing and
surrendering their respective rights therein of residence and maintenance as
aforesaid in favour of the Purchaser.
4. The Parties hereto of the second part hereby undertake so to concur,
release and surrender as aforesaid.
5. As earnest and in part payment of the
said purchase money the Purchaser
has this day paid to each or the Vendors A and B the sum of Rs…. as his share
therein (the receipt whereof each of the Vendors A and B hereby admits and
acknowledges) and to the Vendor C and the Parties hereto of the Second Part
jointly the sum of Rs……… as his and their share and interest therein (the receipt
whereof they and each of them hereby admits and acknowledges).
6. The Vendors have assured the Purchaser that save as to the rights as
aforesaid of the Parties hereto of the Second Part the Vendors? respective one-
fourth share of and in the said land, hereditaments and premises is free from
all and all manner of encumbrances.
7. The Parties hereto of the Second Part have likewise assured the Purchaser
that their respective rights as aforesaid have not been encumbered in any way.
8. Relying upon the aforesaid assurances of the Vendors and of the Parties
hereto of the Second Part the Purchaser has agreed to purchase their respective
shares and interests of and in the said land, hereditaments and premises without
causing to be made any searches for encumbrances.
9. The Purchaser shall complete the purchase within……….. from the date of
these presents when the Purchaser shall pay the balance of the purchase money
to the Vendors and the Parties hereto of the Second Part severally and jointly
as the case may be in the proportion the earnest money herein has been paid.
10. On payment of the balance of the purchase money within the time andin manner aforesaid the Vendors and the Parties hereto of the Second Part shall
according to their respective shares and interests in the said land hereditaments
and premises and the meaning and tenor of these presents execute and register
the necessary conveyance in favour of the Purchaser.
11. Simultaneously with the execution of the conveyance the Vendors B and
C and the Parties hereto of the Second Part shall deliver to the Purchaser vacant
possession of such portion of the said land, hereditaments and premises as are
now in their respective use and occupation.
12. After the execution and registration of the conveyance and until………. next
the Vendor A shall have the Purchaser?s leave and licence to use and occupy
free of any charge the??.. rooms now in his possession in the same manner
and with the same amenities as he is now enjoying.
13. The Vendor A hereby undertakes to deliver to the Purchaser peaceful and
vacant possession of the said……….. rooms not latter than……… next and to pay
to the Purchaser as and by way of liquidated damages the sum of Rs??.. per
month or part of a month if the Vendor. A shall overstay in the said……….. rooms
after the………… next.
14. The Purchaser shall pay all arrears of rates, taxes and other outgoings
unto the date of the execution of the conveyance.
15. If notwithstanding the Vendors and the Parties hereto of the Second Part
offering to complete the sale according to the terms and conditions hereof the
Purchaser shall fail and neglect to complete the purchase within the time
specified above then the earnest money respectively paid to the Vendors and
the Parties hereto of the Second Part shall be absolutely forfeited to them
respectively and none of them shall have any further or other right against the
Purchaser.
16. If notwithstanding the Purchaser offering to complete the purchase in
accordance with the terms and conditions hereof the Vendors and the Parties
hereto of the Second Part shall fail and neglect to complete the sale within the
time specified above then the Purchaser shall be at liberty to sue the Vendors
and the Parties hereto of the Second Part for specified performance of this
contract and/or for damages.
THE SCHEDULE ABOVE REFERRED TO:
(Describe the property)
IN WITNESS etc.
3
Deed of Release by a Vendor in favour of a purchaser
against unpaid purchase consideration secured by a
Security Bond and a further charge, upon
receipt of balance payment
THIS INDENTURE made this………………… day of…………… 20?.. BETWEEN
Ch. 50] RELEASE?FORMS 547548 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
Company Limited a Company with limited liability incorporated under the Indian
Companies Act, 1956 having its registered Office at…………… in the town
of…………… hereinafter called the ?RELEASOR? (which expression shall unless
excluded by or repugnant to the context include its successor or successors in
interest and assigns) of the ONE PART AND A.B. wife of???. P .S…………….
District…………… but at present residing at…………… P .S…………… District……………
by caste…………… by occupation…………… hereinafter called the ?RELEASE?
(which expression shall unless excluded by or repugnant to the context include
her heirs, executors, administrators, representatives and assigns) of the OTHER
PART:
WHEREAS by an Indenture of Conveyance bearing date the???……. and
made between the Releasor as the Vendor of the One Part and………… as the
Purchaser of the Other Part the said Releasor for the consideration therein
mentioned indefeasibly sold granted transferred and conveyed unto the said………..
ALL THAT the land hereditaments and premises more fully described in the
schedule thereto and also hereunder written.
AND WHEREAS by the said Indenture now in recital IT WAS PROVIDED THAT
the payment of a part of the consideration money namely the sum of Rs……………
(Rupees…………………………) only owing by the said…………… as Purchaser to,
the said Releasor as Vendor should be secured by an Indenture of Security deed
and charge to be executed by the said…………… as Mortgagor in favour of the
said Releaser as Mortgagee immediately after the execution of the Conveyance
hereinbefore mentioned.
AND WHEREAS by a Security Deed bearing the said date…………… and
registered at the……………… in Book No. 1 Volume No…………… Pages……………
to…………… being Deed No………. for the year…………… and executed by the
said……………. as Mortgagor in favour of the said Releasor as Mortgagee the
said…………… in consideration of the sum of Rs??? (Rupees???????.)
only being the amount remaining due and unpaid on account of the part of the
consideration money in respect of the said Indenture of Conveyance as aforesaid
Deed thereby charged in favour of the said Releasor ALL THAT the land
hereditaments and premises particularly described in the Schedule hereunder
written as and by way of Security for the due repayment of the said sum of
Rs…………… (Rupees…………………….) only together with all interest thereon as
therein provided.
AND WHEREAS by a Deed of Further charge bearing the date??…. made
between the said…………… of the One Part and the said Releasor and registered
at…………… in Book No. l Vol. No…………….. Pages…………… to…………… Being
No…………… for the year the said??????. for the consideration of a sum
of Rs…………… (Rupees……………) only charged the said land hereditaments and
premises as Further Charge.
AND WHEREAS by an Indenture of Conveyance dated the……………
said?????? sold transferred and conveyed unto the Releasee the said
land hereditaments and premises subject to the aforesaid charges.AND WHEREAS the said Releasor has received all the amounts of principal
and interest thereon in terms of the aforesaid Deeds of Security and Further
Charge.
NOW THIS INDENTURE WITNESSETH that in pursuant of the said agreement
and in consideration of the sum of Rs…………… (Rupees………………) only
together with all interest thereon paid by the said Releasee to the said Releasor
(the receipt whereof the said Releasor doth hereby admit and acknowledge and
of and from the same and every part thereof acquit release and forever discharge
the said Releasee).
ALL THAT the said land hereditaments and premises more particularly
described in the Schedule hereto OR HOWSOEVER OTHERWISE the said land
hereditaments and premises is or are now or, was or were at any time theretofore
butted bounded called known numbered described or distinguished TO HAVE
AND TO HOLD the said land hereditaments and premises together with all the
estate right title interest property and claim of the said Releasor into and upon
the said premises hereby released or expressed so to be unto and to the use
of the said Releasee forever and absolutely discharged of or from all principal
moneys and interests and costs secured or intended so to be and as specified
in the hereinbefore recited Indenture of Security Deed dated…………… and the
said Deed of Further Charge dated the…….??.. and all claims and demands
on account thereof or in anywise relating thereto AND the said Releasor so far
as relates to its own acts deeds doth hereby covenant with the said Releasee
that the said Releasor has not at any time heretofore done or executed or
knowingly suffered or been party or privy to any act deed or thing whereby reason
or means thereof the said land hereditaments and premises hereby released
and granted expressed so to be or any part thereof respectively are is can or
may be affected or prejudiced in estate title or otherwise or the said Releasor
can or may be prevented from releasing the same in manner aforesaid.
THE SCHEDULE ABOVE REFERRED TO:
(Description of the property)
IN WITNESS WHEREOF , etc.
[Signature of both the parties]
4
Deed of Release by a Housing Society in favour of personal
representatives of a testator and a deceased member vesting
his estate subject to existing mortgage unto the Beneficiary
THIS INDENTURE is made the…….. day of……. BETWEEN (personal represen-
tatives) of (addresses, etc.) (hereinafter called ?the personal Representatives?)
of the FIRST PART the………. Co-operative Building Society a society duly
incorporated under the West Bengal Co-operative Societies Act the registered
Ch. 50] RELEASE?FORMS 549550 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
office of which is at…….. in the…………… (hereinafter called ?the Society?) of the
SECOND PART and (Beneficiary) of (address, etc.) (hereinafter called ?the
Beneficiary) of the THIRD PART.
WHEREAS:
(1) (Testator) late of (address) (hereinafter called ?the testator?) died on
the………. day of……… having by his will dated the………. day of……….. appointed
the personal representatives to be the executors thereof who proved the same
on the………. day of…………
(2) The testator was at the date of his death seized and possessed of the
property hereinafter described as an absolute owner subject only to the
mortgage hereianfter recited.
(3) By a mortgage (hereinafter called ?the mortgage?) dated the………. day
of………… and made between the testator of the ONE PART and the Society of
the OTHER PART the said property was demised to the Society for a term of……..
years by way of mortgage for securing a sum of Rs……. payable by instalments
as therein mentioned (being the aggregate of Rs……. the sum which by the rules
of the society the testator was at the date of such mortgage entitled to have
advanced to him as a holder of……… subscribing shares in the society and Rs……
interest thereon) and also for securing all interest subscriptions and other monies
which might before the discharge of the mortgage become payable thereunder
or under the rules of the society.
(4) The said property is now redeemable in accordance with the rules of the
society on payment of Rs……..
(5) The beneficiary is entitled to have the said property vested in her as an
absolute owner subject only to the mortgage and all monies due and to become
due thereunder and is also entitled to the transfer of the said…… share in the
society.
(6) By an instrument of transfer under the hands of the personal represen-
tatives and the beneficiary dated the……. day of……. the said………. shares of the
testator have been transferred to the beneficiary in accordance with the rules
of the society and with the consent of the board of directors thereof.
(7) The society has consented to this conveyance and has agreed to release
the personal representatives from the mortgage in manner hereinafter appear-
ing in consideration of the covenant on the part of the beneficiary hereinafter
contained.
(8) The personal representatives have not given or made any assent or
conveyance in respect of or affecting the said property or any part thereof.
NOW THIS DEED WITNESSETH as follows:
1. In consideration of the premises the personal representatives as personal
representatives hereby convey unto the beneficiary ALL THAT (parcels) TO HOLD
the same unto the beneficiary as an absolute owner subject to the mortgage
and all monies thereby secured.2. The beneficiary hereby covenants with the society that she will at all times
hereafter duly and punctually pay all monies which under the mortgage or the
rules of the society for the time being shall become payable at the times and
in the manner appointed and will in all other respects henceforth observe and
perform all covenants therein contained on the part of the testator.
3. The Society hereby releases the personal representatives from all principal
and other monies now remaining due on the security of the mortgage and from
all claims and demands thereunder.
4. All powers of sale and other powers contained or implied in the mortgage
and all remedies for recovering payment of the monies thereby secured or any
part thereof or otherwise save as expressly released in clause 3 hereof shall
remain valid and shall be exercisable in the same manner and to the same extent
as such powers would have been exercisable if the society had not been a party
to this deed.
5. The personal representatives hereby acknowledge the right of the
beneficiary to the production of the probate of the said will of the testator and
to delivery of copies thereof.
IN WITNESS etc.
[Signature and seals of the Personal Representatives
and the Beneficiary and seal of the Society]
5
Deed of Release in favour of Executors by the Mortgagee in
respect of mortgage debt on testator?s estate upon
apportionment of the mortgage debt amongst
the devisees who have joined in the deed
THIS CONVEYANCE is made the………….. day of…………. BETWEEN (execu-
tors) of (addresses, etc.) (hereinafter called, the executors) of the FIRST PART
(first devisee) of (address, etc.) (hereinafter called the first devises) of the
SECOND PART (second devisee) of (address, etc.,) (hereinafter called the
second devisee) of the THIRD PART and (mortgagee) of (address, etc.)
(hereinafter called the mortgagee) of the FOURTH PART.
WHEREAS :
(1) (Testator) late of (address) by his will dated the…………. day of…………. after
appointing the executors to be executors thereof devised the freehold premises
described in the first schedule hereto to the first devisee and the freehold
premises described in the second schedule hereto to the second devisee.
(2) The said (testator) died on the…………. day of…………. and the executors
proved his said will on the…………. day of…………. in…………….
(3) The said (testator) was at the date of his death seized of the premises
Ch. 50] RELEASE?FORMS 551552 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
described in the first and second schedules hereto as absolute owner in
possession subject to a mortgage(hereinafter called the mortgage) dated
the…………. day of…………. and made between the said (testator) of the ONE PART
and the mortgagee of the OTHER PART whereby the premises described in the
first and second schedules hereto were demised by the (testator) to the
mortgagee by way of mortgage to secure payment to the mortgagee of the sum
of Rs.?…… with interest thereon as therein appearing.
(4) The said sum of Rs……….. still remains owing on the security of the said
mortgage but all interest accrued due thereon has been paid.
(5) The first and second devisees have requested the executors to vest in
them respectively the premises described in the first and second schedules
hereto, as to the premises described in the first schedule hereto in the first
devisee in manner hereinafter appearing and as to the premises described in
the second schedule hereto by a deed of even date herewith and in similar terms
to this deed.
(6) The mortgagee has agreed to join herein for the purpose of apportioning
the principal sum of Rs………. secured by the mortgage and the interest thereon
and of releasing the executors in manner hereinafter appearing.
NOW THIS DEED WITNESSETH as follows:
1. As from the date hereof the principal sum of Rs……….. secured by the
mortgage shall be apportioned as to Rs………… part, thereof and the interest on
such part to the premises described in the first schedule hereto and as to Rs……..
the remaining part thereof and the interest on such part to the premises
described in the second schedule hereto and the premises described in the first
and second schedules hereto shall respectively stand charged with and be
redeemable upon payment only of the respective principal sums so apportioned
thereto as aforesaid and the interest on such respective sums.
2. Subject as aforesaid all the powers and provisions contained in or implied
in relation to the mortgage shall be applicable to the premises respectively
described in the first and second schedules, hereto as if the same had by the
mortgage been separately mortgaged to secure the respective sums so
apportioned to them as aforesaid.
3. The executors as personal representatives of the said (testator) hereby
convey unto the first devisee all the premises described in the first schedule
hereto TO HOLD the same unto the first devisee as an absolute owner subject
to the term created by the mortgage and to the payment of the apportioned sum
of Rs??….? secured by the mortgage and all interest henceforth to become
due on such apportioned sum.
4. The first devisee hereby covenants with the mortgagee that the first devisee
will pay to the mortgagee the said sum of Rs………. hereinbefore apportioned
in respect of the premises hereinbefore conveyed and the interest thereon from
the date hereof at the rate stated in the mortgage as and when the same shall
be lawfully demanded or become payable under or by virtue of the mortgage.5. The mortgagee hereby releases the executors and each of them and their
and each of their personal representatives from the covenant by the said
(testator) for payment of principal and interest in the mortgage contained in so
far as such covenant relates to the sum of Rs………… part of such principal sum
and the interest thereon and from all actions proceedings claims and demands
in respect thereof.
6. The executors hereby acknowledge the right of the first devisee to
production of the probate of the said will of the said (testator) and to delivery
of copies thereof.
FIRST SCHEDULE
(Particulars of premises devised to first devisee)
SECOND SCHEDULE
(Particulars of premises devised to second devisee)
IN WITNESS etc.
[Signature and seals of all Parties]
6
Deed of Release of obligation under a post-dated cheque
issued in discharge of a pre-existing debt or
liabilities upon actual payment
THIS DEED OF RELEASE made BETWEEN X.Y., son of P .Y. residing at………..
hereinafter referred to as ?the RELEASOR? (which term or expression shall unless
repugnant to the subject or context, mean and include his heirs, successors,
administrators, legal representatives and assigns) of the ONE PART AND A.B.,
son of B.B. formerly residing at……….. now at……….. hereinafter referred to as
?the RELEASEE? (which term or expression shall unless repugnant to the subject
or context, mean and include his heirs, successors, administrators, legal
representatives and assigns) of the OTHER PART.
WHEREAS :
(1) The Releasee herein, by two several Receipts dated……….. for Rs………..
(Rupees…………….) only and dated……….. for Rs……….. (Rupees……………..)
only received in aggregate the sum of Rs……….. (Rupees………………….) only
from the Releasor herein, towards earnest money and advance consideration
or price for sale of a proposed flat covering a little more or less?…..sq.ft. in the
building proposed to be constructed by the Releasee at premises No………..
(hereinafter referred to as ?the said premises?), under the terms, conditions and
stipulations mentioned in the said Receipts.
(2) On account of some unforeseen difficulties and circumstances the
Ch. 50] RELEASE?FORMS 553554 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
Releasee could not undertake construction of the proposed building and
thereupon was required to make refund of the said earnest money or the advance
purchase consideration to the Releasor.
(3) The Releasee having already invested the said earnest money or the
advance purchase consideration in the development and/or releasing the said
premises from the possession of the tenants and other necessary expenses,
was unable to make immediate refund of the said earnest money or advance
purchase consideration to the Releasor and at the insistence of the Releasor
as a measure of security, the Releasee had issued and handed over to the
Releasor a post-dated cheque No……… dated……….. for Rs……….. (Rupees………..
………..) only drawn on the…………………. Bank, Branch, which was agreed to be
held as security and returned to the Releasee a by the Releasor upon receipt
of the payment or refund of the said earnest money or the advance purchase
consideration of Rs……….. (Rupees………………….) only in cash from the Relea-
see by the Releasor.
(4) The said sum of Rs……….. (Rupees………………….) only has now been paid
to the Releasor by the Releasee in cash in full discharge of the debt or obligation
of the Releasee under the said two several Receipts.
(5) The obligation of the Releasee under the said Cheque having been fully
discharged the said cheque now stands cancelled and/or unenforceable.
NOW THIS DEED WITNESSETH that the Releasor herein for the consideration
aforesaid and under the foregoing premises does hereby release and for ever
discharge the said A.B., the Releasee herein, his legal heirs, successors, legal
representatives and assigns from the obligation of the said two several Receipts
dated……….. and……….. and also of the said Cheque No dated…………….. for
Rs……… (Rupees………………….) only on…………………. Bank…………………. Branch,
and, from all such sums of money as are therein mentioned to be due and payable
by the Releasee to the Releasor, his legal heirs, successors, legal representa-
tives and assigns and also from all actions,proceedings, claims and demands
whatsoever for or upon or on account of or in respect of the said two Receipts
or the said Cheque or obligations or the monies therein mentioned or any part
thereof.
IN WITNESS WHEREOF , etc.
[Signatures of both the parties]
7
Release in the form of a Conveyance to the real owner by a
Benamdar to whom land has been conveyed as nominee
for the real owner land has been mortgaged by the nominee
on behalf of the real owner to secure the purchase
money ? release by mortgagee
THIS INDENTURE is made the………….. day of ……….. 20…. BETWEEN(Nominee/Benamdar) of (address, etc.) (hereinafter called the Benamdar) of the
FIRST PART (Mortgagee) of (address, etc.) (hereinafter called the Mortgagee)
of the SECOND PART and (Real Owner) of (address, etc.) (hereinafter called the
Real Owner) of the THIRD PART.
WHEREAS:
1. By a Conveyance dated………. and made between (Vendor) of the ONE
PART and the Benamdar of the OTHER PART and registered in the Office of the
Registrar of Assurances at……….. and entered in Book No. I Volume No………..
Pages……….. to……….. Being No………… for the year 20….. in consideration of
Rs………. therein stated to be paid by the Benamdar to the said (Vendor) ALL
THAT (piece and parcels) more fully described in the Schedule hereunder written,
and hereinafter referred to as ?the said Property? was conveyed unto the
Benamdar.
2. By an Indenture of Mortgage dated……….. and made between the
Benamdar of the ONE PART and the Mortgagee of the OTHER PART and
registered in the office etc…………………. the said property was demised unto the
Mortgagee by way of Mortgage for a term of……….. years from the date thereof
to secure the payment to the Mortgagee of the principal sum of Rs……….. and
interest thereon at the rate of…………………. per cent per annum as therein
mentioned and the Benamdar covenanted with the Mortgagee to pay the said
principal sum of Rs……….. and interest thereon within the period and under the
terms, conditions and stipulation therein mentioned.
3. The said sum of Rs……….. being the Purchase money upon the said
Conveyance was in fact provided by the Real owner and the said mortgage
money of Rs……….. was in fact received by the Real Owner and it is agreed and
declared that the Benamdar has held and now holds the property in trust for the
Real Owner subject to the said mortgage.
4. The Real owner has requested the Benamdar to convey the said property
to him and has agreed to covenant with the Mortgagee for the payment of the
said mortgage debt and the Mortgagee has agreed to concur herein in manner
hereinafter appearing.
NOW THIS DEED WITNESSETH as follows:
1. In consideration of the premises the Benamdar as trustee hereby
conveys
unto the Real Owner AL THAT (piece and parcels) more fully described in the
Schedule hereunder written and hereinafter referred to as ?the Said Property?
TO HOLD the same unto the Real Owner absolutely and forever subject to the
mortgage and the said term now subsisting thereunder and the principal sum
and other monies thereby secured and all interest (now due and) henceforth to
become payable in respect thereof.
2. The Real Owner hereby covenants with the Mortgagee to pay to him on……
next the principal sum of Rs???. secured by the said mortgage with interest
thereon from………. last at the rate aforesaid and if the said principal sum shall
not be paid on that day then so long thereafter as any part thereof remains owing
Ch. 50] RELEASE?FORMS 555556 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
to pay interest thereon at the said rate by equal half yearly payments on………
and……….. in every year.
3. The Mortgagee hereby releases the Benamdar from his covenant to pay
principal and interest contained in the Mortgage Deed and from all claims and
demands in respect thereof but all powers of sale and other powers contained
or implied in the said mortgage and all remedies for recovering payment of the
monies thereby secured or any part thereof or otherwise save as expressly
released hereby shall remain valid and shall be exercisable in the same manner
and to the same extent as such powers would have been exercisable if the
Mortgagee had not been a party hereto.
THE SCHEDULE ABOVE REFERRED TO:
IN WITNESS WHEREOF etc.
[Signature of all Parties]
8
Deed of Release in favour of wife where property purchased
with wife?s money has been conveyed to her husband ?
Necessary provisions of the Benami Transactions
(Prohibition) Act, 1988 incorporated1
THIS INDENTURE is made the………. day of………. 20….. BETWEEN (Husband)
of (address, etc.) (hereinafter called ?the Releasor?) of the ONE PART and (Wife)
his wife of (address, etc.) (hereinafter called ?the Releasee?) of the OTHER PART
and where the context so requires and admits, the terms include each of their
legal heirs, successors, executors, administrators and assigns.
WHEREAS :
1. By a conveyance dated…….. and made between (Parties) and registered
in the Office of the Registrar of Assurances at……… and entered in Book No. 1
Volume No……. pages…….. to……… Being No……… for the year 20….. the property
more fully described in the Schedule hereunder written and hereinafter referred
to as ?the said property? was conveyed to the Releasor absolutely and for ever.
2. The consideration for the said Purchase was wholly provided by the
Releasee out of monies belonging to her as the Releasor hereby admits.
3. The said property is being held by the Releasor, the husband, as a trustee
who stands in a fiduciary Capacity in relation to the Releasee, the wife, for the
benefit of the Releasee.
4. The Releasee has requested the Releasor to release the said property in
her favour by execution and registration of a proper deed of Releasee and the
Releasor has agreed to the said proposal.
NOW THIS DEED WITNESSETH as follows:
1. In consideration of the premises the Releasor as trustee hereby releasesunto the Releasee ALL THAT (piece and parcels) more fully described in the
Schedule hereunder written and hereinafter referred to as ?the said property?
TO HOLD the same unto the Releasee absolutely and for ever free from any
encumbrances.
2. The Releasor and the Releasee hereby declare that the said property was
being held by the Releasor as a trustee in a fiduciary Capacity for the benefit
of the Releasee and that the prohibition contained in section 4(1)&(2) of the
Benami Transactions (Prohibition) Act, 1988 will not be applicable in respect of
execution of these presents by the Releasor in favour of the Releasee by virtue
of the operation of clause (b) of sub-section (3) of sec. 4 of the said Act.
3. The Releasee hereby covenants with the Releasor that she or her personal
representative will at all times hereafter indemnify the husband and his estate
and effects from and against all actions proceedings claims demands costs and
expenses whatsoever in respect of or arising out of the said property.
THE SCHEDULE ABOVE REFERRED TO:
IN WITNESS WHEREOF etc.
[Signatures and seals of both parties]
1. Nothing contained in section 4(1) and (2) of the Benami Transactions (Prohibition) Act,
1988 shall apply where the person in whose name the property is held is a trustee or
other person standing in a fiduciary capacity, and the property is held for the benefit of
another person for whom he is a trustee or towards whom he stands in such Capacity
sec. 4(3)(b) of the Act, ibid. See, for exhaustive statutory provisions on the subject
?GUPTA?S COMMENTARIES? ON BENAMI TRANSACTIONS (PROHIBITION) ACT,
1988″.
9
Deed of Mutual Release of Debts and Causes of Action
THIS INDENTURE made the………. day of…… 20…. BETWEEN A.B. of etc. of
the One Part, and C.D. of etc. Other Part.
WHEREAS there have been diverse dealings and transactions between the
said A.B. and C.D. with reference have to their business and otherwise, and
disputes and differences have arisen between them.
AND WHEREAS in the course of such disputes and differences an action has
been commenced by the said A.B. against the said C.D. in respect of a sum of
Rs……. alleged to be owing by the said C.D. to the said A.B., but no proceedings
have been taken in the said action beyond the issuing of the writ therein.
AND WHEREAS the said A.B. & C.D. have agreed to settle all the said disputes
and differences (including the said action) by the payment of a sum of Rs……..
by the said C.D. to the said A.B. and by the execution of mutual releases in manner
hereafter appearing.
Ch. 50] RELEASE?FORMS 557558 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
NOW THIS INDENTURE WITNESSETH that, in pursuance of the said agree-
ment, and in consideration of the sum of Rs…… upon the execution hereof paid
by the said C.D. to the said A.B. (the receipt whereof the said A.B. doth hereby
acknowledge) and of the premises each of them the said A.B. and C.D. doth
hereby release the other his heirs executors administrators estates and effects,
FROM all sums of money accounts actions suits claims and demands up to the
date and execution of these presents.
IN WITNESS WHEREOF etc.
10
Deed of Release between Lessor and Lessee regarding refund
of the Security Money
THIS RELEASE made this………… day of……….. BETWEEN VIVEKANANDA
MATH represented by its Managing Trustee SWAMI…………… of………………
hereinafter referred to as ?the RELEASOR? (which term or expression shall unless
excluded by or repugnant to the context be deemed to include their respective
heirs, executors, administrators, representatives, nominee or nominees and/or
assigns) of the ONE PART AND the Estate of SRI ISWAR GOPINATH JIU THAKUR
THAKURANI represented by its Managing Shebait……………………………. herein-
after referred to as ?the RELEASEE? (which term or expression shall unless
excluded by or repugnant to the context be deemed to include their respective
heirs, executors, administrators, representatives and assigns of the OTHER
PART:
WHEREAS :
1. By an Indenture of Lease dated……… executed by and between the
Releasee and the Releasor herein, therein referred to as ?the Lessor? and ?the
Lessee?, the Releasor advanced to the Releasee an amount of Rs. 4,00,000
(Rupees Four lakhs) only to be held in deposit by the Releasee as security for
the due performance of all the covenants, obligations, conditions and stipulations
on the part of the Releasor herein, therein referred to as the Lessee.
2. By an Indenture of Conveyance dated……… subsequently executed by the
Releasee herein, therein referred to as the Vendor, the Releasee has granted,
sold and transferred the remainder of its/his interest in the said premises as the
beneficial owner of the reversion expectant on the determination of the term of
the said lease into and in favour of the Ramkrishna Vivekananda Mission, a
Society registered under the Societies Registration Act, 1961, therein referred
to as the Purchaser.
3. As per covenants and condition of the recited Indenture of Coveyance
dated………. the Purchaser therein agreed to observe and perform the covenants
on the part of the Releasee herein, therein referred to as the Vendor, as
Purchaser of the Lessor?s interest in terms of the Deed of Lease dated……..
executed between the Releasor and Releasee herein and pursuant to the saidcovenant and condition of sale and/or assignment the Purchaser as the Lessor?s
transferee within the meaning of section 109 of the Transfer of Property Act, 1882
has accepted the liability of the Releasee herein, referred to as the ?Lessor? and
?Vendor? in the recited Lease dated……… and the recited Conveyance dated………
respectively, in respect of refund of the said security money of Rs. 4,00,000
(Rupees Four lakhs) only to the Releasor herein, referred to as the ?Lessee? in
the said Lease dated………. upon expiry or determination of the said lease.
4. Upon consideration of the foregoing premises and in view of cessation of
relationship as ?Lessor? and ?Lessee? between the parties hereto in terms of the
said Lease and the said Conveyance as recited hereinbefore the Releasee has
approached the Releasor to relieve it/him of the said obligation in respect of the
refund of the security deposit, which in fact and effect, is now refundable by the
said Ramakrishna Vivekanda Mission as the Lessor?s transferee.
NOW THIS INDENTURE WITNESSETH that in the circumstances aforesaid the
Releasor does hereby release and discharge the Releasee from the liability for
refund of the security money deposited by the Releasor as the ?Lessee? in terms
of the said Lease dated………., PROVIDED, HOWEVER, AND, IT IS HEREBY
AGREED THAT notwithstanding anything hereinbefore stated, this release shall
be without prejudice to the right of the Releasor to set up his claim for refund
of the said security money against the said Ramakrishna Vivekananda Mission
as the transferee of the Lessor, the Releasee herein.
IN WITNESS WHEREOF the parties hereto have set and subscribed their
respective hands and seals on the day month and year first above written.
SIGNED SEALED AND DELIVERED by the
RELEASOR acting through SWAMI………..
one of the Trustees duly authorised and
empowered by all the other Trustees to
execute these presents as per Reso-
lution unanimously adopted in the meet-
ing held on………. in the presence of:
1.
2.
SIGNED SEALED AND DELIVERED by
the RELEASEE acting through
SHRI………. its Managing Shebait who
has executed these presents in terms of
the Resolution of the Board of Managing
Shebaits? meeting held on………….. in
the presence of:
1.
2.
Ch. 50] RELEASE?FORMS 559560 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
11
Deed of Mutual Release and Extinguishment of the Right of
Redemption between an Equitable Mortgagor and Mortgagee
THIS INDENTURE made this the………. day of………. 20… BETWEEN AZIZUDDIN
MUMTAZ son of Late Haji Mumtazuddin, by faith Mohamedan by occupation
business, residing at……….. hereinafter referred to as ?the RELEASOR? (which
term or expression shall unless excluded by or repugnant to the context to
deemed to include his heirs, executors, administrators, representatives and
assigns) of the ONE PART AND SRI MISBAHUL HAQUE son of Sirajul Haque, by
faith Mohamedan by occupation business, residing at………. hereinafter referred
to as ?the RELEASEE? (which term or expression shall unless excluded by or
repugnant to the context be deemed to include his heirs, executors, adminis-
trators, representatives and assigns) of the OTHER PART.
WHEREAS:
1. One S.N. Dutt, deceased, was the owner of ALL THAT the Premises No……..
comprising land measuring more or less……… Cottahas………. Chittacks……..
sq.ft. TOGETHER WITH the Buildings with dwelling units, out-houses and
structures standing thereon or on part thereof, more fully described in the
SCHEDULE ?A? hereunder written and hereinafter referred to as ?the said
property?.
2. In connection with certain Income-tax proceedings in execution of
certificate cases No………. dated…… No…….. dated………. and……… No…….
dated……… for the assessment years……. to against Sanjay Dutt and Vikram Dutt
the legal heirs of S.N. Dutt, deceased, the said property was sold by Public
Auction held by the Tax Recovery Officer-I, Calcutta and 24 Parganas and the
said sale was confirmed and became absolute on………. in favour of the Releasor
herein as certified under the Certificate of Sale dated…….. issued under Rule
65 of the Second Schedule to the Income-Tax Act, 1961 by the Tax Recovery
Officer-I, Calcutta and 24 Parganas and the copy of the said Certificate of Sale
was duly forwarded by the Tax Recovery Officer-I, Calcutta and 24 Parganas
to the Registrar of Assurances at Calcutta, within local limits of whose jurisdiction
the said property is situate and who shall file the copy of the said Certificate in
his Book No. I under the provisions of sec. 89(4) of the Registration Act, 1908.
3. The Releasor herein as the Auction Purchaser paid to the Tax Recovery
Officer-I Calcutta and 24 Parganas the sum of Rs. 1,65,000 (Rupees One lakh
sixty-five thousand) on the…………. representing 25% of the purchase price of
Rs. 6,60,000 (Rupees Six lakhs sixty thousand) in cash in terms of the Auction
sale held on………. and the Releasor further paid the balance purchase price of
Rs. 4,95,000 (Rupees Four lakh ninety-five thousand) only on the………. and a
further sum of Rs. 6,610 (Rupees Six thousand six hundred ten) on the……….
being the poundage fees relating to the said Auction Sale held on……….
4. On account of recession in his business and consequential paucity of liquid
resources to draw upon immediate fund to meet the Auction purchase of the saidproperty, the Releasor had to borrow the entire amount of the purchase
consideration from the Releasee herein who had advanced the said amount of
Rs. 6,60,000 (Rupees Six lakhs sixty thousand) only out of his personal fund
upon the condition, mutually agreed upon that the Releasee shall have a charge
on the said property which had been made security for the payment of the said
amount of Rs. 6,60,000 by the Releasor to the Releasee. (Section 100 of the
Transfer of Property Act, 1882, relied on.)
5. No restriction being put on the manner in which a charge can be created,
the parties hereto had created the said charge upon mutual agreement and
understanding but without any writing.
1
6. As and by way of additional safeguard and with the intent to create a security
for the payment of the said amount of Rs. 6,60,000 (Rupees Six lakhs sixty
thousand) advanced by the Releasee the Releasor herein had deposited with
the Release the original Certificate of sale dated…….. issued under Rule 65 of
the Second Schedule to the Income-tax Act, 1961 by the Tax Recovery Officer-
I, Calcutta and 24 Parganas, being the original document of title of the Releasor
in the said property, whereby an equitable mortgage was created by the Releasor
in favour of the Releasee within the meaning of section 58(f) & 58(l) read with
secs. 96 and 100 of the Transfer of Property Act, 1882.
7. The Releasor being unable to repay the said amount of loan advanced by
the Releasee by creating a charge and/or Equitable Mortgage by deposit of Title
document in respect of the said property which is fully tenanted and is not
capable of being dealt with otherwise by the Releasor for his intended scheme,
and the Releasor being further unable to provide for any fund from any alternate
sources to discharge his existing liability, has approached the Releasee to
renounce his claim upon the Releasor in respect of the said amount of Rs.
6,60,000 (Rupees Six lakhs sixty thousand) upon the Releasor being agreed
to release and relinquish his residual interest in the said property charged and/
or mortgaged with the Releasee in the manner aforesaid and thereby extinguish
his right to redeem the said Mortgage as conferred by section 60 of the Transfer
of Property Act, 1882.
2
8. Releasees have agreed to the aforesaid proposal of the Releasor.
NOW THIS DEED WITNESSETH as follows:
1. That the Releasor doth hereby release and relinquish in favour of the
Releasee his residual interest in ALL THAT the premises No………. comprising
land measuring more or less………. Cottahas……….. Chittacks………. sq.ft.
TOGETHER WITH the buildings with dwelling units, out-houses and structures
standing thereon or on part thereof, more fully described in the Schedule ?A?
written hereunder and also delineated in the map or plan annexed hereto and
bordered therein in red colour, hereinafter referred to as ?the said property? which
is charged and/or mortgaged with the Releasees in extinguishment of the
Releasor?s right of redemption of the said Mortgage as conferred by section 60
of the Transfer of Property Act, 1882 in consideration of the Releasee agreeing
Ch. 50] RELEASE?FORMS 561
G : CDD (Vol. 6) ? 36562 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
to renounce his claim upon the Releasor in respect of the amount of debts or
advances due from the Releasor.
2. That simultaneously with the operation of the provisions of the clause 1
hereinabove the Releasee doth hereby renounce his claims upon the Releasor
in respect of the amount of Rs. 6,60,000 (Rupees Six lakhs sixty thousand) due
and owing from the Releasor on account of the loan advanced by the Releasee
to the Releasor at the time of Auction-purchase of the said property.
3. That this Deed is not intended to operate as a Conveyance or create new
interest or right in favour of the Releasee in respect of the said property but it
is only intended to feed the title of the Releasee to the said property by way of
enlargement of his pre-existing right and interest therein upon renunciation of
the rights and interests or claim in the said property by the releasor in favour
of the Releasee.
3
4. That it shall be lawful for the Releasee at all times hereafter peacefully and
quietly to hold occupy and enjoy in entirety the said property, of which the
possession is already given to the Releasee before execution of these presents,
without any hindrance interruption disturbances claim or demand whatsoever
by the Releasor or any person or persons claiming any estate right title or interest
from under through or in trust for the Releasor.
5. That the Releasor doth hereby assure and declare that he has not
encumbered or alineated or done anything in any way in respect of the said
property whereby he is prevented from executing this Deed of Release in favour
of the Releasees.
1. M.L. Abdul Jabbar Sahib v H. Venkata Sastri & Sons AIR 1969 SC 1147 (FB) relied on.
2. Kunhothi v Koya AIR 1949 Mad 443: ILR 1949 Mad 276; AIR 1970 Mad 1 (FB); AIR 1985
SC 1646, relied on.
3. Section 60, Transfer of Property Act, 1882; Kunchothi v Koya AIR 1949 Mad 443: ILR
1949 Mad 276; AIR 1970 Mad 1 (FB); AIR 1985 SC 1646, relied on.
SCHEDULE ?A? ABOVE REFERRED TO:
[Description of the Property]
ALL THAT the premises No………… comprising land measuring more or
less………. Cottahas………. Chittacks………. sq.ft. TOGETHER WITH the Buildings
with dwelling units, out-houses and structures standing thereon or on part
thereof and delineated in the map or plan annexed hereto and shown within
bordered red thereon and butted and bounded in the manner following, that is
to say:
ON THE NORTH : By Premises No……….
ON THE EAST : Partly by Premises No…….. and partly by Public Road.
ON THE SOUTH : Partly by Premises No……. and partly by Public Road.
ON THE WEST : By Public Road.IN WITNESS WHEREOF the parties hereto have executed these presents on
the day month and year first abovewritten.
SIGNED AND DELIVERED by the RELEA-
SOR at……. in the presence of:
WITNESS :
1.
2.
SIGNED AND DELIVERED by the
RELEASEE at………. in the presence of:
WITNESS:
1.
2.
12
Deed of Release and Indemnity between Landlord
and Tenant
THIS RELEASE AND INDEMNITY is made this…….. day of……. 20…. BETWEEN
ASHUTOSH ACHARYA, son of Late………. residing at………. by faith Hindu by
occupation service, hereinafter referred to as ?the Landlord? (which term or
expression shall unless excluded by or repugnant to the context be deemed to
include his heirs, successors, executors, administrators, legal representatives
and assigns) of the ONE PART AND DILIP KUMAR GHOSH son of………….., at
present residing at………… by faith Hindu by occupation business, hereinafter
referred to as ?the Tenant? (which term or expression shall unless exlcuded by
or repugnant to the context be deemed to include his heirs, successors,
executors, administrators, legal representatives and permitted assigns) of the
OTHER PART.
WHEREAS :
1. By an agreement dated……… made between the parties hereto the
Landlord had let out unto the Tenant ALL THAT the first shop-room measuring
7 (seven) sq.ft. wide and 15 (fifteen) sq.ft. long, more or less, on the North-
Eastern side at the premises No…….. more fully described in the said Agreement
dated……. and hereinafter referred to as ?the said room?, under the terms,
conditions, covenants and stipulations contained therein.
2. The Tenant had been carrying on his business in the said room under the
name and style of…………, but on account of severe trade-depression, non-
realisation of business debts and increasing burden of outstanding liabilities, the
Tenant had to close down his said business since over the last five years and
failed, neglected or defaulted in the payment of rent for the said room since the
past five years or more.
Ch. 50] RELEASE?FORMS 563564 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
3. Notwithstanding the acts of forbearance on the part of the landlord and
grant of extended time for payment of the outstanding rent for the aforesaid period
the Tenant has failed and/or is unable to make payment of the arrear rent as
aforesaid and has approached the Landlord to release and relinquish him from
the said liability on compassionate ground in consideration of his acute pecuniary
debacle and business set-back with the existing burden of other financial
liabilities, especially with his Bankers……….. branch in respect of the Cash Credit
A/c No…….
4. In view of the present financial position and helpless condition of the Tenant
and considering the uncertainty and remote possibility of realisation of the arrear
rent, as aforesaid, and to recover possession of the said room from the Tenant,
the Landlord has agreed to the said proposal of the Tenant, subject to the Tenant?s
handing over vacant and peaceful possession of the said room to the Landlord
after removing therefrom all his goods and effects.
5. Acting upon the above consideration the Tenant has since handed over
the vacant and peaceful possession of the said room to the Landlord on the……….
after removing therefrom all his goods and effects and the Landlord has accepted
the said surrender, re-entered upon and taken vacant and peaceful possession
of the said room from the Tenant with effect from the said day.
6. In order to avoid any possible apprehension and/or further risk or liability
or claim or demand by either of the parties hereto or by any of their respective
heirs, executors, administrators, representatives or assigns against the other of
them or his heirs, executors, administrators, representatives or assigns respect-
ing the said outstanding rent, the said tenancy or the said business including
any past, present, future or contingent liability of the Tenant against his Cash
Credit A/c No………. with the ………….. or with any other undisclosed creditors
relating to the said business of the Tenant or respecting the said room, the parties
hereto have agreed to execute this Deed of Mutual Release and Indemnity.
NOW THIS DEED WITNESSETH as follows:
1. In pursuance of the said agreement and in consideration of the Tenant
having handed over vacant and peaceful possession of ALL THAT the first shop-
room measuring……… sq.ft. wide and……. sq.ft. long, more or less, on the North-
Eastern side at the premises No. 3/B-2, Aswininagar, P .O. Baguiati, Kolkata 700
059, hereinafter referred to as ?the said room?, to the Landlord on or about
the…………, the Landlord doth hereby release, relinquish and for ever discharge
the Tenant from all claims, demands, actions and proceedings which were and
are in existence in respect of the arrear rent, as aforesaid, or the said tenancy
or the said room.
2. And in consideration of the said release on the part of the Landlord the
Tenant hereby declares and confirms that he shall have no right, title or interest
in respect of the said tenancy or the said room, which has been surrendered
by the Tenant in favour of the Landlord, that he the Tenant has not encumbered
the said tenancy or the said room in any manner whatsoever and that the same
hereby stands released and discharged of all his interest whatsoever in favourof the Landlord AND the Tenant hreby covenants with the Landlord that he the
Tenant will at all times hereafter indemnify and keep indemnified the Landlord
against all liability under the said Cash Credit A/c No……. with the……….. Bank,
and against all actions, proceedings, claims, demands, costs, damages and
expenses whatsoever which may be levied, brought or made against the
Landlord or which he may be liable to pay, sustain or incur by reason of the
Tenant?s carrying on the business in the said room of the Landlord or touching
the said tenancy or in relation thereto.
IN WITNESS WHEREOF the parties hereto have executed these presents the
day month and year first above written.
SIGNED AND DELIVERED by the
LANDLORD in the presence of:
WITNESSES:
1.
2.
SIGNED AND DELIVERED by the
TENANT in the presence of:
WITNESSES:
1.
2.
13
Release of Lands from a Legacy charged thereon
by the Testator
THIS DEED OF RELEASE is made the………. day of……. by I.J. of etc. (?the
Releasor?).
WHEREAS :
(1) A.B. (?the Testator?) late of etc. by his will dted etc. devised all his lands
situate etc. unto G.H. absolutely and forever charged nevertheless in aid of the
Testator?s personal estate with the payment of a legacy of Rs…….. to the Releasor
and appointed C.D. and E.F. (?the Executors?) to the executors thereof.
(2) The Testator died on the………. day of………. and his said will was duly
proved by the Executors on the………. day of……… in the……… court at……….
(3) The said legacy of Rs…….. bequeathed to the Releasor by the said will
and all interest thereon has been duly paid to the Releasor by the Executors out
of the personal estate of the Testator as the Releasor hereby acknowledges.
NOW THIS DEED made in consideration of the premises WITNESSES that THE
Releasor HEREBY RELEASES and for ever discharges all the said lands by the
said will so charged with the payment of the said legacy of Rs……. as aforesaid
and also the Devisee his personal representatives and assigns and the estate
Ch. 50] RELEASE?FORMS 565566 CONVEYANCING, DRAFTING & DEEDS [Ch. 50
of the Testator and all other persons and property (if any) affected thereby from
the said legacy or sum of Rs……… and the interest thereon and all claims and
demands in respect thereof.
IN WITNESS WHEREOF , etc.
14
Release of Power of Appointment under a will
in favour of children
THIS RELEASE made the…………. day of………. by A.B. of etc. (the widow).
WHEREAS :
(1) C.B. late of etc. deceased (?the Testator?) by his will dated etc. after
appointing his wife the Widow and G.H. to be the executors and trustees thereof
and after giving certain pecuniary and specific legacies gave devised and
bequeathed all the rest residue and remainder of his real and personal estate
unto his trustees upon trust to sell call in and convert the same into money as
therein mentioned and to stand possessed of the net proceeds of such sale
calling in and conversion after payment thereout of his debts funeral and
testamentary expenses and the legacies bequeathed by his said will and any
codicil thereto upon trust to invest the same and pay the income of the
investments for the time being representing the same (?his Residuary Estate?)
of the Widow during her life and from and after her death to stand possessed
of his Residuary Estate and the income thereof in trust for such one or more
exclusively of the others or other of his children at such age or time or respective
ages to times if more than one in such shares and with such provisions for their
respective advancement maintenance and education as the WIDOW by deed
with or without power of revocation and new appointment or by will or codicil
appoints and in default of such appointment and so far as any such appointment
does not extend in trust for all or any his children or child who attain the age of
18 years and if more than one in equal shares.
(2) The Testator died on the………. day of……. and his said