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Release Of Contract Form (Real Estate) for India

Release Of Contract Form (Real Estate) Template for India

A legally binding document governed by Indian law that formally terminates a real estate contract by mutual agreement between the parties involved. This document releases all parties from their obligations under the original contract and typically includes provisions for the settlement of any outstanding matters, return of documents, and mutual discharge of liabilities. It must comply with the Indian Contract Act, Transfer of Property Act, and other relevant Indian legislation, requiring proper execution, witnessing, and potentially registration depending on the nature and value of the property transaction being terminated.

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Release Of Contract Form (Real Estate)

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What is a Release Of Contract Form (Real Estate)?

The Release Of Contract Form (Real Estate) is a crucial document used in Indian property transactions when parties mutually agree to terminate their existing contractual obligations. This document is typically employed when circumstances necessitate the cancellation of a property sale agreement, such as failure to secure financing, discovery of title issues, or other mutual agreements to terminate. The form must comply with Indian legal requirements, including the Indian Contract Act 1872, Transfer of Property Act 1882, and relevant state-specific real estate laws. It includes essential details about the original contract, property specifications, terms of release, and any financial settlements. The document serves as legal evidence of the termination and protects both parties from future claims or liabilities related to the original contract.

What sections should be included in a Release Of Contract Form (Real Estate)?

1. Parties: Details of all parties involved in the contract release, including the original buyer, seller, and their legal representatives if any

2. Background: Information about the original contract, including date of execution, registration details, and brief description of the property involved

3. Definitions: Key terms used in the release document including 'Original Contract', 'Property', 'Release Date', etc.

4. Release Statement: Clear and unambiguous statement of mutual agreement to release and discharge each other from all obligations under the original contract

5. Consideration: Details of any consideration paid for the release, if applicable

6. Return of Documents: Provisions regarding the return of original documents, title deeds, or other relevant paperwork

7. Mutual Covenants: Agreements by both parties not to make any future claims regarding the original contract

8. Governing Law: Specification that the release is governed by Indian law and jurisdiction

9. Execution: Signature blocks for all parties and witnesses

What sections are optional to include in a Release Of Contract Form (Real Estate)?

1. Refund Terms: Details of any refund of purchase price or deposits, used when there are financial settlements involved

2. Third Party Rights: Provisions regarding rights of any third parties affected by the release, used when there are mortgages or other encumbrances

3. Confidentiality: Provisions for maintaining confidentiality about the terms of release, used in sensitive transactions

4. Survival Clauses: Specification of any obligations that survive the release, used when certain rights need to be preserved

5. Indemnification: Provisions for mutual indemnification against future claims, used in high-value transactions

6. Dispute Resolution: Alternative dispute resolution mechanisms, used when parties want to specify arbitration or mediation

What schedules should be included in a Release Of Contract Form (Real Estate)?

1. Schedule A - Property Details: Detailed description of the property including address, boundaries, and registration details

2. Schedule B - Original Contract Details: Key details from the original contract including date, registration number, and essential terms

3. Schedule C - Financial Settlement: Detailed breakdown of any financial settlements, including refunds or adjustments

4. Appendix 1 - Required Documents: List of all documents to be returned or exchanged as part of the release

5. Appendix 2 - Compliance Checklist: Checklist of legal and regulatory requirements for the release to be valid

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions






























Clauses

























Relevant Industries

Real Estate

Construction

Legal Services

Banking & Finance

Property Development

Property Management

Commercial Real Estate

Residential Real Estate

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Operations

Finance

Risk Management

Documentation

Corporate Affairs

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Compliance Officer

Real Estate Agent

Property Developer

Contract Manager

Real Estate Transaction Coordinator

Title Officer

Legal Document Specialist

Real Estate Broker

Property Acquisition Manager

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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