SPECIMEN OF RELEASE DEED

THIS DEED OF RELEASE is made on the —————————— day of ————— 19—— in the Christian Year One Thousand Nine Hundred and ———————— 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 said 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 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 and Rev. 'C' then Sole Trustee of 'X' School Trust; aforesaid Trust 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 M/s. 'Z' Co. Ltd.  sold conveyed, assured and transferred on the said 'X' School Trust the parcel of vacant land more particularly described in the Schedule there under 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.
AND WHEREAS the said Rev. 'C' the then 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 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 Trust 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 on 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. Ltd. in favour of the said 'X' School Trust and registered under No.———— of ———— and ———— of ———— respectively in the office of Sub-Registrar of Assurances at Bandra, as Vendors therein. The said M/s. 'Z' Co. Ltd. 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. 'C' then 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 Pahadi Village Goregaon (West), 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 happened, Rev. 'B' is the Sole Trustee and Manager of the said 'Y' Church Trust, Goregaon (West).
AND WHEREAS the Trustee hereinabove 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  under the Canon Law, applicable to Indian Christians (Roman Catholics) in India.
AND WHEREAS persuant to the provisions of the Bombay Public Trust Act, the said 'Y' Church Trust was registered as a 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, giveup 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 assures all the title and interest in the said Part of the land admeasuring about 8757.22 sq. yds (7310.00 sq. mtrs.) situate at ———————— and every part thereof alongwith 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 'Y' Church 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 ——————————, and that the school building standing thereon, has been constructed by the Party of 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. P- 355 and P-355(2), 115A (part) (now bearing C.T.S. No.209) 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.21 (part) and partly by the property being Survey No.18 (part), on or towards the South by Government and bearing Survey No.161 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 the same alongwith the schedules annexed hereto, on the first above written.
WITNESSES:
1	——————————
	Party of First Part
2.	——————————
	Party of Second Part
DECLARATION
I, Rev. C., Christian Roman Catholic, Indian Inhabitant, aged about ——— years, presently residing at Flat —————————— Mumbai 400 062, 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.'C' (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.'F' (Rupees F). The possession of the said land was handed over to me by the Vendors M/s. 'Z' Co. Ltd.
3.	That by an Agreement of Sale dated 15th March, 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.'G' (Rupees 'G' only) and I gave possession of the said 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 400 062 came into existence on the 7th day of October, 1969 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 Priest 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 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.'N' (Rupees 'N') 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 land sold to 'M/s. Construction Co.' and also 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' 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 the 'X' School Trust 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 un-equivocally 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 make 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'Y' (Mumbai) (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 Pahadi, (Goregaon West) 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 square yards (i.e., 15,004 square metres) and bounded as follows, etc.
SCHEDULE II ABOVE REFERRED TO:
The piece or parcel of vacant land or ground admeasuring about 9234.78 sq. yds. situate at Goregaon (West) being a part or portion of a bigger piece or a parcel of a vacant land situate at Goregaon (West), and more particularly described in the Schedule I.

Solemnly declared at Mumbai	)
This ———— day of ————	)	————————
			Declarant