Disclaimer Of Benami Property Deeds Miscellaneous 1846 - Legal Draft

...... day of ....... 2000 between .............. son of ........... by cast e .................................... by occupation residing at ............... hereinafter called the releasor, which expression shall, where the subject or context allows or admits of, be deemed to include his heirs, executors, administrators and representatives of the one part and ............................... son of ............ deceased by caste .............. by occupation ........... residing ............ hereinafter called the releasee which expression shall, where the subject or context allows or admits of, be deemed to include his heirs, executors, administrators, representatives and assigns of the other part.
And whereas the releasor is the son of the releasee and whereas the property fully mentioned and described in the schedule hereto was in fact and truth acquired by the releasee under conveyance dated ......... executed by .... and registered in Book I, vol ........ page    to ........ being No ...... of the office ...... of Sub-registrar of ......... with his own moneys and was at all material times owned, possessed and enjoyed by the releasee for his use and benefit though in the name of the releasor but not intending to make a gift or otherwise settle or to confer any estate or benefit thereof upon the releasor under any circumstances and whereas in the circumstances the releasor was a mere benamdar and/or name-lender or alias for the releasee and whereas ever since the date of the said purchase and notwithstanding the fact of the name of the releasor as the owner mentioned therein the releasor never asserted nor claimed any ownership in respect of the same. And whereas the releasee was at all material times and is still in lawful possession, control and enjoyment of the said property and every part thereof and whereas all the documents of title of the said property were at all material times and are also still in the possession and custody of the releasee and all its outstandings and liabilities such as ground rent, municipal taxes, etc., are paid, discharged and satisfied by the releasee without any aid or contribution of the releasor and whereas in the circumstances and in the absence of any evidence as to advancement or gift by the releasee in his favour the releasor had never, nor presently has any right, title, interest or claim whatsoever in the said property or in any portion thereof—he being a benamdar and/or pretended trustee for the releasee which the releasor doth hereby admit and acknowledge and whereas by reason of the fact of the purchase of the property being in the name of the releasor and in view of the relationship between the parties, it may be alleged or contended on any occasion that the releasor had or has or the releasee intended or pretended to settle or confer upon the releasor any right, title or interest in the said property or any part thereof the releasor has agreed to disclaim the said property and to execute and register a declaration and conveyance thereof in terms herein mentioned and whereas such declaration and conveyance is also necessary and/or expedient so as to remove in future the possibility of all doubts, disputes, differences on the question of the title of the releasee in, to, upon and concerning the said property and with a view to enabling the releasee to enjoy better and deal with the same in any manner which he may deem fit and proper without any concurrence of the releasor or any impediment whatsoever by the heirs, executors, administrators and representatives of the releasor after his death now this indenture witnessth that in the circumstances hereinbefore stated and for good reasons and considerations as aforesaid, it is hereby agreed and declared by and between the parties as follows:
The releasor doth hereby and hereunder absolutely disclaim, disown and relinquish and for ever discharge all and every such pretended right, title, interest, claim or demand or cause of action which may now or hereafter be alleged or contended or construed in his favour because of the said conveyance and/or the said property and otherwise relating thereto or concerning the same or any part thereof by virtue of the conveyance thereof having been made in the name of the releasor as hereinbefore stated or his relationship with the Releasee as aforesaid.
The releasor doth hereby and hereunder further agree, declare, confirm and acknowledge the good right, full power and absolute authority and indefeasible title of the releasee to grant, convey, sell and transfer the said property or to make a gift thereof or otherwise to deal with the corpus or income thereof in any manner and on any terms as the releasee shall or may think fit and proper and even without the consent or concurrence of or any reference to the releasor or his heirs, executors, administrators or representatives under any circumstances and the releasor doth hereby covenant with the releasee that the releasor had not done, executed, performed, nor been party or privy to any act, deed or thing whereby or whereunder or by reason or means whereof the said property or any part thereof may be in any manner charged, encumbered or otherwise affected or prejudiced in title or estate or the releasor may be hindered or prevented from transferring the said property unto and to the use of the releasee in the manner hereinbefore indicated.
The estimated value of the property is Rs        

releasor within named at in the
Signed, sealed and delivered by the RELEASOR within presence of:

Executed by the releasee in the presence of: