Deed of Release by Legal Heirs of a Deceased Purchaser in favour of a Vendor in respect of actions for breach of covenants for title to an immovable?property purchased
THIS RELEASE is made on _________ day of _______ 20____
BETWEEN
______________________ [personal representatives of purchaser] of [address, etc.] (hereinafter called the adminis- trators,) of the One Part
AND
_____________________ [vendor] of [address, etc.] (hereinafter called the vendor) of the Other Part.
WHEREAS:
- By a conveyance dated the _______ day of _____ 20_____ BETWEEN the vendor of the one part and [purchaser] of the other part the vendor in consideration of the sum of Rs.______ to him paid by the said [purchaser] as beneficial owner conveyed unto the said [purchaser] all that [parcels] to hold the same unto the said [purchaser] free from all encumbrances absolutely and forever.
- The said [purchaser] died on the _______ day of ______ 20_____ intestate and on the _____ day of _______ letters of administration to his estate were granted out of the _______ Court to the Administrator.
- The administrators lately contracted for the sale of the said property and the title thereto was thereupon investigated on the part of the intended purchaser and on such investigation it appeared that the vendor had not when he sold the said property to the said [purchaser] and conveyed the same to him by the said conveyance as aforesaid full power to convey the same pursuant to his covenant in that behalf implied in the said conveyance by reason of his having unknown to the said [purchaser] omitted to prevent or knowingly suffered [trespasser] to acquire a title to part thereof by adverse possession under the Limitation Act, 1963 [or as the case may be].
- It has been arranged and agreed between the vendor and the administrators that in consideration of the sum of Rs. ________ to be paid by the said vendor to the administrators the administrators should execute such release as is hereinafter contained.
NOW THIS DEED WITNESSETH that in pursuance of the said agreement and in consideration of the sum of Rs. ________ now paid by the vendor to the administrators (the receipt of which said sum the administrators hereby acknowledge) the administrators for themselves and their successors in title hereby absolutely release the vendor from the said covenant impliedly entered into by the vendor with the said [purchaser] by the hereinbefore recited conveyance and all other covenants and agreements by the said conveyance impliedly entered into by the vendor with the said [purchaser] and also release the vendor from all actions costs expenses damages claims and demands whatsoever which the administrators now have or which they or their successors in title shall or may at any time hereafter have upon or against the vendor for or on account of the same covenants and agreements or any breach thereof committed by him or by reason of any misrepresentation by the vendor to the said [purchaser] for or by reason of any act matter or thing in anywise relating thereto.
IN WITNESS etc.
[Signature of the releasing party]
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