Release Deed

THIS DEED OF RELEASE is made on the ___________ day of ______________ , in the Christian Year Two Thousand and Five, BETWEEN (1) Rev. 'A' Sole Trustee and the Manager of the Trust named 'X' School Trust registered under the Bombay Public Trust Act, holding Public Trust registration under No. 'XI' (Bombay) and which trust is presently represented by the said Sole Trustee hereafter called the Party of One Part (which expression shall where the context so requires or admits, be deemed to mean and include the Trustees or Trustee and administrators or successors in office of the last surviving Trustee and their assigns) and (2) Rev. 'B' the Sole Trustee and Manager of the Trust named 'Y' Church Trust also a Public Trust presently holding Public Trust Registration No. 'Y1' (Mumbai) and which trust is presently represented by the Sole Trustee hereinafter called the party of the Other Part (which expression shall where the context so requires or admits be deemed to mean and include the Trustees or Trustee for the time being of the said Trust and heirs executors and administrators or successors in the office of the last surviving Trustee and their assigns).

WHEREAS by a Deed of Conveyance dated ___________ made and entered by and BETWEEN M/s. 'Z' Co. Ltd., a Limited Co. registered under the Companies Act, 1956 and having its registered office at _____________, Mumbai ____________ as Vendor of the First Part as the Purchaser, lodged for registration under No. _________ on the 17th March ________ in the office of the Sub-Registrar of Assurance at Bandra. The said 'Z' Co. sold conveyed, assured and transferred on the said 'X' School Trust the parcel of vacant land more particularly described in the Schedule thereunder written, which is the same as more particularly described in the First Schedule hereunder written for the consideration mentioned therein and also on the terms and conditions contained therein.

WHEREAS the said Rev. 'A' the Trustee of 'X' School Trust has purchased the aforesaid land out of the monies derived from the donations, gifts, loans etc. from different and various parties and the sale proceeds (of the part of the land) received from M/s. Construction Co., only for the benefit of a Trust known as 'Y' Church and as such the aforesaid land so purchased was and is in fact belonged to said 'Y' Church Trust.

AND WHEREAS the aforementioned Deed of Conveyance dated ____________ so lodged for registration under S. No. ___________ dated the _____________ was not duly registered according to the provisions of the Indian Registration Act, 1908, on the date of appearance before the Sub Registrar of Assurances, Bandra and presentation of documents for registration.

AND WHEREAS two Deeds of Confirmation dt. __________ and ___________ were separately executed by the two Directors of the said M/s. 'Z' Co. in favour of the said 'X' Trust and registered under No. ______ of _______ and _________ of ________ respectively in the office of Sub-Registrar of Assurances at Bandra, as Vendors therein. The said 'Z' Co. thus confirmed by its Directors having executed the Deed of Conveyance on the 14th day of March ________ and also further confirmed of having sold the property mentioned in the First Schedule, hereunder written unto the said 'X' School Trust.

AND WHEREAS by an Agreement of Sale dt. 15th March ______ made and entered into BY and BETWEEN Rev. 'A' the Sole Trustee of 'X' School Trust of the One Part and M/s. Construction Co. a partnership firm registered under the Indian Partnership Act having their office of business at Mumbai, the said Trustee agreed to sell for the consideration and on the terms and conditions contained in the said agreement, the portion of vacant land at ________, more particularly contained in the Second Schedule hereunder written.

AND WHEREAS the said agreement dated 15th March _______ was in fact entered into for and on behalf of and for the benefit of the 'Y' Church Trust.

AND WHEREAS there remained a piece or parcel of land admeasuring 8757.22 sq. yds (7310.66 sq. mtrs.) more particularly described hereunder written in the Third Schedule in the records of the said 'X' School Trust, to be utilised for the benefit of 'Y' Church Trust.

AND WHEREAS by a DECREE of the Archbishop of Mumbai, Rev. B. was appointed as the Sole Trustee and Manager of the said Trust of 'Y' Church Trust.

AND WHEREAS in the event that have append, Rev. 'B' is the Sole Trustee and Manager of the said 'Y' Church Trust.

AND WHEREAS the Trustee herein above mentioned had and have the powers to hold any property for the benefit of the respective Trusts namely 'X' School Trust and 'Y' Church Trust respectively, under the Cannon Law, applicable to Indian Christians (Roman Catholics) in India.

AND WHEREAS pursuant to the provisions of the Bombay Public Trust Act, the said 'Y' Church Trust was registered as the public Trust under the Bombay Public Trust Act, 1950 under P.T.R. No. _________ (Bombay) vide Certificate of Registration dated the ___________ given under the order of the Deputy Charity Commissioner, Bombay.

AND WHEREAS by an application dated the ___________, made to the Charity Commissioner, Maharashtra State, the said 'X' School Trust requested the Charity Commissioner to grant permission u/s. 36 of the Bombay Public Trust Act, 1930 to transfer and/or release, relinquish, disclaim and give up the vacant land more particularly described in the Third Schedule in favour of 'Y' Church Trust. The Charity Commissioner has accordingly granted sanction order No. J/4 ____________________ dated the ___________________.

AND WHEREAS the parties hereto have desired to enter into an instrument and duly execute for the purpose of such release as required and as such the party of the First Part agreed to release, disclaim, give up the said land more particularly described in the Third Schedule hereunder, as it was meant for the said 'Y' Church Trust of the Second Part.

NOW THIS DEED WITNESSETH

1. The Party of the One Part hereby releases and relinquishes, disclaims and assurances all the title and interest in the said Part of the land admeasuring about 8757.22 sq. yds. (7310.00 sq. mtrs.) situated at _____________________ and every part thereof along with its movable properties lying therein and relative liabilities of the Party of the One Part and which land is more particularly described in the 'Third Schedule' hereunder written in favour of party of Other Part, the Church 'Y' Trust.
    

2. The Party of the Other Part hereby declares that it has assumed control over the property hereby released, relinquished by the Party of the One Part together with all other rights, title, interest, privileges and easement therein to have and hold the same absolutely forever as the true owner thereof.
    

3. That the Party of the One Part does hereby declare that the Party of the Other Part has been in possession over the property hereby released from the 3rd April _____, and that the school building standing thereon, has been constructed by the Party of the Other Part and is entitled to have its name mutated as the Bhumidhar of the laws.
    

4. That the Party of the One Part will do every such assurance or thing necessary for further or perfectly assuring the property hereby released to the Party of the Other Part as may be necessarily required.

THE FIRST SCHEDULE ABOVE REFERRED TO

All that piece and parcel of vacant land or ground therein lying and being on the South of Mahatma Gandhi Road, (formerly known as 'Mitha Agar Road') Village ___________ in the registration Sub-District and District of Bombay City and Bombay Suburban District in Greater Bombay bearing Survey No. ________ Hissa No. _______ (part) and Survey No. ______ (part) and Municipal Nos. ________________ (now bearing C.T.S. No. ______) admeasuring about 18,082 sq. yds. (i.e. 15,385 sq. mtr.) and on actual measurement found to be 17,992 sq. yds. (i.e. 15,044 sq. mtrs.) and bounded as follows that is to say on or towards the East Partly by the property bearing Survey No. ______ (part) and partly by the property being Survey No. ____ (part), on or towards the South by Government and bearing Survey No. ____ and on or towards the North by Mahatma Gandhi Road (formerly known as Mitha Agar Road).

THE SECOND SCHEDULE ABOVE REFERRED TO

The piece or parcel of vacant land or ground admeasuring about 923.78 sq. yds. shown as Plot 'B' in the Plan enclosed herewith, situate at _________________ being a part or portion of a bigger piece or parcel or vacant land situate at __________________ and more particularly described in the First Schedule.

THE THIRD SCHEDULE ABOVE REFERRED TO

The piece or parcel of vacant land or ground admeasuring about 8757.22 sq. yds. (7310.66 sq. mtrs.) shown as Plot 'A' in the Plant enclosed herewith, situate at ______________ being the remaining part or portion of piece or a parcel or vacant land situate at ______________ as indicated in the plan enclosed herewith.

IN WITNESS WHEREOF the parties to this deed have signed alongwith the schedules annexed hereto, on the day, first above written.

WITNESSES

1. _______________
Party of First Part

2. _______________
Party of Second Part

I, Rev. A., Christian Roman Catholic, Indian Inhabitant, aged about _____ years, presently residing at Flat __________________ Mumbai __________, solemnly swear and say as under:

1. That I was the Sole Trustee and Manager of 'X' School Trust registered under the Bombay Public Trust Act, 1950 under P.T.R. No. 'XI', Bombay during the period from ________ to ____________ and particularly at the material time when the immovable property mentioned hereunder was purchased by me.
    

2. By a Deed of Conveyance dated the _______________ I purchased the piece or parcel of vacant land admeasuring about __________ sq. yds. situate ____________ Mumbai more particularly described in the Schedule I annexed hereto, from the Vendors M/s. 'Z' Co. Ltd., a Company registered under the Companies Act, 1956, having its Registered Office
   at ________, Mumbai, for a total consideration of Rs. ______________. The possession of the said land was handed over to me by the Vendors M/s. 'Z' Co. Ltd. on _____________
    

3. That by an Agreement of Sale dated ___________, a portion of the aforesaid piece or parcel of vacant land purchased from M/s. 'Z' Co. Ltd., admeasuring about 9,234.78 sq. yds. being a part or portion of a bigger piece or parcel of vacant land situate at and more particularly described in the Schedule II annexed hereto, was sold by me to the purchasers M/s. Construction Co., a partnership firm registered under the Indian Partnership Act, for a total consideration of Rs. _____________ and gave possession of the said portion of the land to M/s. Construction Co. soon thereafter.
    

4. That the remaining portion of land admeasuring about 8,757.22 sq. yds. continued to be in my possession as Trustee.
    

5. That I purchased the land from the vendors M/s. 'Z Co. Ltd.' for and on behalf of a new Church that was being contemplated by the Archdiocese of Bombay. The said new Church known as 'Y', Mumbai ___________ came into existence on the ____________ by a Decree of the Local Ordinary, Archbishop of Bombay, and Rev. 'B' was appointed as the then Parish Priest and Trustee of the said Church. The said Church 'Y' was soon thereafter registered as a Public Trust under the Bombay Public Trusts Act, 1950 under P.T.R. No. 'Y' (Mumbai), vide Certificate of Registration dated the ________ given under the order of Deputy Charity Commissioner, Mumbai.
    

6. That since I held the aforesaid balance portion of the piece of land admeasuring about 8,757.22 sq. yds. for and on behalf of the new Church 'Y' Trust. I handed over its possession to the said Trust, as the necessary formalities for its being formed into a Public Trust and registration were completed.
    

7. That as the new Church 'Y' was not consecrated on the date of execution of Conveyance, when I purchased the aforesaid land and being a Trustee of X Trust, I could not hold the property individually, I held the property in the name of 'X' School Trust, the Public Trust of which I was then the Sole Trustee and Manager.
    

8. That as the Trustee and Manager of 'X' School Trust, I filed the application with relevant schedules, in the Office of the Charity Commissioner regarding purchase of land and also obtained their permission for the sale of portion of the land to M/s. 'Construction Co.' to enable me to pay the balance amount of sale price payable by me to the Vendors M/s. 'Z Co. Ltd.' as mentioned in the Deed of Conveyance. Since then the said land stands in the name of 'X' School Trust in the records of the Office of the Charity Commissioner, Mumbai.
    

9. That I attended to the Registration proceedings before the Sub-Registrar of Assurances at Bombay Suburban District, Bandra, Mumbai 400 050 on the ______________, in connection with the Registration of the Deed of Conveyance dated ____________. However, on account of the failure to attend the registration proceedings on the part of the Vendors viz. M/s. 'Z Co. Ltd.'; registration of the said document was delayed inordinately. The Vendors delayed in producing two of its Directors Shri 'L' and Shri 'M', before the said Sub-Registrar in registration proceedings and were able to produce them only on 8th June _________. The registration proceedings were thus completed only on the 8th day of __________________.
    

10. That the purchase consideration of Rs. _____________ payable to M/s. 'Z Co. Ltd.' in terms of Deed of Conveyance dated the ______________ was paid by me out of the sale proceeds of part of land sold to M/s. 'Construction Co.' and by raising loans and on collecting donations for the new Church 'Y' – Trust.
     

11. That I was under a genuine belief that the remaining portion of the land admeasuring about 8757.22 sq. yds. which was held by me for and on behalf of the new Church 'Y' Trust could not be transferred to it, unless and until the title of the land purchased was cleared. Accordingly, I kept the accounts in respect of the purchase of land as per Schedule I, sale of a portion thereof as per Schedule II, loans and donations, etc. separately and did not incorporate the same in the accounts of 'X' School Trust, as the said land did not belong to them as real owners thereof. Now that the Registration proceedings in connection with the Registration of Deed of Conveyance dated the _______________ have been completed on 8th June, _______ the aforesaid balance portion of the land must in fairness and equity vest in and be owned by the new Church 'Y' for all practical and legal purposes.
     

12. I further submit that since the aforesaid 8757.22 sq. yds. of land was held by me unequivocally for the benefit and for and on behalf of the new Church 'Y' Trust as its benamidar, and as the said Church was the beneficial owner of the said land, I gave my consent to the said Church and applied for necessary permission from the Bombay Municipal Corporation for construction of a new School building and got the plans approved by the Corporation in respect of construction of the said new school building. That the said new school building presently known as 'Academy' has since been constructed by the said new Church 'Y' Trust.
     

13. That the sole purpose for which I made this declaration is for the removal of all doubts and with a view to vest the legal and effectual title in the aforesaid portion of land admeasuring about 8757.22 sq. yds. in the said Public Trust known as the new Church 'Y' Trust holding P.T.R. No. _____ (Bom) who is the real and absolute owner thereof and who have constructed a school building on the said land for the purposes of the said Trust. That I make this declaration to clarify the factual position concerning the aforesaid piece of land and to remove and regularise the irregularities if any, on account of mistaken belief and genuine difficulties as aforesaid so that the aforesaid land stands in the name of the new Church 'Y' Trust in the records of the Charity Commissioner, Mumbai and all other authorities concerned.

SCHEDULE I ABOVE REFERRED TO

ALL that piece or parcel of vacant land or ground situate lying and being on the South of Mahatma Gandhi Road (Formerly known as Mitha Agar Road) Village ____________ in the registration Sub-District in Greater Bombay bearing Survey No. _____ Hissa No. ______ (part) and Survey No. _______ (part) and Municipal Nos. P ____ and ) – ____, admeasuring about 18,082 sq. yds. (i.e., 15,385 sq. mtrs.) and on actual measurement found to be 17,992 sq. yds. (i.e., 15,004 square metres) and bounded as follows, etc.

SCHEDULE II ABOVE REFERRED TO

The piece of parcel of vacant land or ground admeasuring about 9234.78 sq. yds. situate at ________ being a part or portion of a bigger piece or a parcel of a vacant land situate at ___________ and more particularly described in the Schedule I.

Solemnly declared at Mumbai )
This _________ day of ______ )