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Deed Of Partial Release
"I need a Deed of Partial Release to release two residential units (Units 3A and 3B) from a larger mortgage covering an entire apartment complex in Mumbai, as these units are being sold to individual buyers; the original mortgage is held by HDFC Bank and was registered in January 2025."
1. Parties: Identification of the Releasor (typically the lender/charge-holder) and the Releasee (typically the property owner/mortgagor)
2. Background: Recitals explaining the original charge/mortgage, its registration details, and the context for the partial release
3. Definitions: Definitions of key terms used in the deed, including property descriptions, original charge details, and release terms
4. Details of Original Charge: Specific details of the original charge/mortgage including date, amount, and registration information
5. Release Declaration: The operative part declaring what specifically is being released from the charge/mortgage
6. Retained Security: Clear statement of what security/charge remains in force after the partial release
7. Representations and Warranties: Standard warranties about the authority to release and validity of the remaining charge
8. Registration and Stamp Duty: Provisions regarding registration requirements and responsibility for stamp duty payment
9. Execution and Attestation: Formal execution blocks including witness requirements as per Indian law
1. Conditions Precedent: Include when the release is subject to fulfillment of specific conditions
2. Covenant for Further Assurance: Include when additional documentation or actions may be required in the future
3. Costs and Expenses: Include when there's a need to specify who bears various costs related to the release
4. Multiple Releases: Include when releasing multiple properties or charges in stages
5. Governing Law and Jurisdiction: Include when parties are from different states or when specifically requested
6. Notices: Include when ongoing obligations or future communications are anticipated
1. Schedule 1 - Property Description: Detailed description of the property being released, including boundaries and measurement details
2. Schedule 2 - Original Charge Details: Complete details of the original charge/mortgage document including registration particulars
3. Schedule 3 - Remaining Charged Property: Description of property/assets that continue to remain under charge
4. Appendix A - Property Documents: List of property documents being released or retained
5. Appendix B - Maps and Plans: Property maps, layout plans, or other visual representations if applicable
Authors
Banking
Real Estate
Financial Services
Construction
Infrastructure
Property Development
Commercial Lending
Mortgage Services
Legal
Real Estate
Finance
Mortgage Operations
Credit Administration
Compliance
Property Management
Security Administration
Documentation
Legal Counsel
Property Lawyer
Mortgage Officer
Real Estate Manager
Finance Manager
Security Trustee
Property Rights Officer
Compliance Officer
Real Estate Attorney
Bank Manager
Credit Officer
Property Administrator
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