Release Of Lien On Real Property for India

Release Of Lien On Real Property Template for India

A Release of Lien on Real Property is a formal legal document used in India that effectively terminates and removes a lien or legal claim against a specific property. This document, governed by Indian property law including the Transfer of Property Act, 1882, provides written evidence that a previously recorded lien has been satisfied and is no longer enforceable. The document must comply with local registration requirements and stamp duty regulations, and typically requires proper notarization and witnessing under Indian law. It serves as official confirmation that the lien holder relinquishes all rights and claims to the subject property.

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Release Of Lien On Real Property

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What is a Release Of Lien On Real Property?

The Release of Lien on Real Property is a crucial document in Indian real estate transactions and property management. It is typically used when a debt or obligation secured by a property has been satisfied, requiring the lien holder to formally relinquish their claims. This document is essential for clearing property titles and is commonly required in property sales, refinancing, or after construction work completion. The release must comply with the Transfer of Property Act, 1882, Registration Act, 1908, and relevant state laws regarding property transactions. It requires careful drafting to ensure all legal requirements are met, including proper identification of the property, clear release language, and appropriate execution formalities. The document serves as permanent evidence that the property is free from the specified encumbrance.

What sections should be included in a Release Of Lien On Real Property?

1. Title and Date: Clear identification of the document as a Release of Lien and the date of execution

2. Parties Identification: Full legal names and addresses of the Lien Holder (Releaser) and Property Owner (Releasee)

3. Property Description: Detailed legal description of the property that was subject to the lien

4. Original Lien Details: Reference to the original lien document, including date, amount, and registration details

5. Consideration Statement: Statement of the consideration received for releasing the lien

6. Release Declaration: Clear and unequivocal statement releasing all claims and rights under the lien

7. Governing Law: Statement specifying Indian law as the governing law

8. Execution Block: Signature blocks for all parties, including witness requirements

What sections are optional to include in a Release Of Lien On Real Property?

1. Recitals: Background information about the original debt and satisfaction - used when additional context is needed

2. Partial Release Statement: Used only in cases where the release is for a portion of the property or lien

3. Representations and Warranties: Additional statements by the lien holder about their authority and the status of the lien - used in complex cases

4. Further Assurances: Commitment to execute additional documents if needed - used in complex cases or where required by local practice

5. Notarial Certificate: Space for notarial certification - used when notarization is required by local law or practice

What schedules should be included in a Release Of Lien On Real Property?

1. Schedule A - Property Description: Detailed legal description of the property including boundary details, survey numbers, and registration details

2. Schedule B - Original Lien Document: Copy or details of the original lien document being released

3. Schedule C - Payment Evidence: Optional schedule containing proof of payment or satisfaction of the original debt

4. Schedule D - Authority Documentation: Optional schedule containing evidence of the releaser's authority to execute the release (e.g., corporate resolutions)

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Release of Lien

Cost

Free to use
Relevant Industries

Real Estate

Construction

Banking and Financial Services

Legal Services

Property Development

Infrastructure

Mortgage Services

Commercial Property Management

Relevant Teams

Legal

Real Estate

Property Management

Documentation

Compliance

Finance

Title and Records

Construction Management

Relevant Roles

Real Estate Attorney

Property Manager

Legal Counsel

Construction Manager

Mortgage Officer

Title Officer

Real Estate Developer

Contract Administrator

Property Rights Specialist

Compliance Officer

Real Estate Transaction Manager

Legal Documentation Specialist

Industries
Teams

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

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