Release deed / Relinquishment deed

A release deed is an instrument whereby a person renounces a claim uopon another person or against any specified property

Documents required for relinquishment

• Identity Proof of both parties and witnesses.
• Residence Proof of both parties and witnesses.
• Ownership proof.
• Two passport size photographs of both parties.
• Power of attorney/special power of attorney.

A release deed is an instrument whereby a person renounces a claim uopon another person or against any specified property. A deed of release can not be used as a substitute roe an assignment of a claim or transfer of property. Where statute requires a deed top effect such release closes not create title. A release may be drafted in the same form as a deed of transfer or simply as deed poll or a deed to which both parties may join stating the circumstances under which the release is based.

Cancellation of documents

When cancellation may be ordered.

When cancellation may be ordered.-(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.

What instruments may be partially cancelled- Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue.

Injunction when refused.

To restrain any person from prosecuting a judicial proceeding pending at the institution of the suit inwhich the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;
(b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;
(c) to restrain any person from applying to any legislative body;
(d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
(e) to prevent the breach of a contract the performance of which would not be specifically enforced;
(f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
(g) to prevent a continuing breach in which the plaintiff has acquiesced;
(h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
(i) when the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court;
(j) when the plaintiff has no personal interest in the matter.