The Release Of Lien And Affidavit is a crucial document in Indian property transactions and debt settlements. 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. The document must comply with Indian legislation, including the Transfer of Property Act, 1882, the Registration Act, 1908, and the Indian Oaths Act, 1969. It serves multiple purposes: providing legal evidence of lien satisfaction, clearing property titles for future transactions, and offering sworn testimony regarding the release's validity. This document is particularly important in construction projects, property sales, and loan settlements, where it helps ensure clear property titles and facilitates smooth property transfers.
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1. Title and Date: Clearly states 'Release of Lien and Affidavit' with the execution date
2. Identification of Parties: Full legal names and addresses of the Lien Holder and Property Owner
3. Property Description: Detailed legal description of the property subject to the lien
4. Original Lien Details: Information about the original lien including date, amount, and registration details
5. Consideration Statement: Statement of the payment or consideration received for releasing the lien
6. Release Declaration: Formal statement releasing all claims and rights to the lien
7. Affidavit Statement: Sworn statement confirming the truth of the release and receipt of consideration
8. Execution Block: Signature lines, notary section, and witness provisions
1. Partial Release Statement: Used when only a portion of the lien is being released
2. Conditional Release Provisions: Include when the release is contingent upon specific conditions being met
3. Indemnification Clause: Added when the lien holder agrees to indemnify against future claims
4. Surviving Claims: Used when certain rights or claims are intended to survive the release
5. Authority to Execute: Required when the signing party is a corporate entity or acting under power of attorney
1. Schedule A - Property Details: Comprehensive legal description of the property, including survey numbers, boundaries, and registration details
2. Schedule B - Original Lien Documentation: Copies or details of the original lien registration documents
3. Schedule C - Payment Evidence: Proof of payment or satisfaction of the lien amount
4. Appendix 1 - Identity Proof: Copies of identity documents of the executing parties
5. Appendix 2 - Authority Documents: Corporate resolutions or power of attorney documents if applicable
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Documentation
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