[ecis2016.org] Here is everything you should know about the deed of release
A release deed or a deed of release is a legal document that frees a property or an asset from any prior claims or obligations. A release deed would typically be executed at a time when your home loan provider grants you a legal certificate that you have fully paid your loan and the lender is freeing the collateral submitted as a security against the loan.
You are reading: What is a release deed?
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An individual can also give up his right in a property through this instrument. A deed of release discharges each party from their previous obligations and prevents the possibility of disputes in future.
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Release deed types
The deed of release can be of different types.
- Release deeds are used to end personal guarantees. This means that the person who had earlier acted as the personal guarantor of another individual can end his personal guarantee.
- Release deeds are used to end loan agreements.
- Release deeds are used to end commercial disputes.
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Implications of a release deed
Once a property is free from all legal obligations through the execution of the release deed, the transfer becomes irrevocable. This remains true even if the party, releasing his claim on the property, has not received any monetary consideration for the same.
The deed of release ensures that no party involved in the previous agreement can continue with the agreement or any dispute pertaining to the subject.
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Release deed in home loan
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Banks across the world keep the original property documents with themselves for the entire home loan tenure. It is only after you pay your entire home loan EMIs that they return your documents. Along with the original documents, they also issue a release deed, stating that they have no claim on the property. The release deed, prepared by the legal department of the bank, will also state that there is no lien in the property.
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Release deed sample format
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Release deed for self-acquired property This DEED OF RELEASE executed on this day of (year) by (name), s/o (father’s name) residing at (address) hereinafter referred to as the RELEASORS of the One Part; AND IN FAVOUR OF (Name), S/o (father’s name) residing at (address) hereinafter referred to as the RELEASEE of the Other Part; The term RELEASORS and RELEASEE shall mean and include their heirs, executors, legal representatives, and assigns. Related read:
WHEREAS the property measuring an extent of (number) sq ft and the building thereon situated at (Door no, Road in Village), bearing Survey no. (number) and within the limits of District (name) was acquired by/through the father of the Releasor and the Releasee herein in and by sale deed dated from and registered as Document no. of Book 1 volume filed at pages to on the file of the Sub Registrar of____________________ WHEREAS the father of the Releasor and the Releasee died intestate on leaving behind the Releasor and Releasee as his Class 1 legal heirs. WHEREAS the property more fully described in the Schedule hereunder is one of indivisible and it has been agreed by the Releasor to release his undivided ___________ right in the property in favour of the Releasee and the Releasee has also accepted the same. NOW THIS DEED OF RELEASE WITNESSETH AS FOLLOWS: THAT the Releasor did not receive any consideration from the Releasee herein and has released and relinquished his undivided__________________________________________ ___________ right in the property more fully described in the Schedule hereunder in favour of the Releasee herein. Read also : What is Competition Commission of India or CCI? THAT the Releasor hereafter does not have any right, title, interest over the schedule mentioned property and the Releasee hereafter enjoys the same absolutely with full right, title and interest over the property more fully described in the schedule hereunder. THAT the Releasor covenant and undertakes to execute any further documents that may be necessary for assuring the title in favour of the Releasee herein with respect to the property more fully described in the schedule hereunder at the cost of the Releasee. SCHEDULE OF PROPERTY In witness whereof the Releasors have set their hands and signatures on the day, month and year first written in the presence of WITNESSES: 1. 2. |
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Release deed stamp duty
As is true for all documents that enable transfer of right to a property, a release deed must be registered with the sub-registrar’s office to have legal sanction, after the payment of stamp duty and registration charges. As transfer of property is regulated under state laws, states charge different stamp duty rates on the release deed. Some states only charge a nominal registration fee to register the document.
Note: Both parties have to be present during the registration of the deed of release along with two witnesses.
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FAQs
Is it necessary to register a release deed?
Yes, registration of a release deed is required under Section 17 of the Registration Act, 1908.
Who pays the stamp duty on the deed of release?
The person under whose name the deed of release is executed, needs to pay the stamp duty on the instrument.
Can a release deed be reversed after registration?
No, a release deed cannot be reversed after registration.
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