Termination And Release Agreement (Real Estate) Template for India

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Key Requirements PROMPT example:

Termination And Release Agreement (Real Estate)

"I need a Termination and Release Agreement (Real Estate) for mutually ending a commercial property development agreement in Mumbai, where the developer has faced funding issues and both parties agree to terminate with a partial refund of advance payments."

Document background
The Termination And Release Agreement (Real Estate) is a crucial document used in the Indian real estate sector when parties mutually or unilaterally decide to end their existing property-related contractual relationships. This document becomes necessary in various scenarios such as cancelled property sales, terminated lease agreements, or abandoned development projects. It ensures compliance with Indian legal requirements including the Transfer of Property Act, RERA regulations, and state-specific real estate laws. The agreement typically includes provisions for financial settlements, return of property or documents, mutual releases from future claims, and specific clauses addressing stamp duty and registration requirements. It serves as a formal closure document that protects all parties' interests while providing clear documentation of the termination terms and conditions.
Suggested Sections

1. Parties: Details of all parties to the agreement, including their legal names, addresses, and registration details if applicable

2. Background: Recitals describing the original agreement, property details, and circumstances leading to termination

3. Definitions: Definitions of key terms used throughout the agreement

4. Termination: Clear statement of termination of the original agreement and its effective date

5. Settlement Terms: Details of any financial settlements, refunds, or compensation between parties

6. Mutual Release: Comprehensive mutual release of claims related to the original agreement

7. Return of Property and Documents: Provisions for returning any property, keys, documents, or other materials

8. Confidentiality: Obligations regarding confidentiality of the agreement and original transaction

9. Governing Law and Jurisdiction: Specification of Indian law as governing law and relevant jurisdiction

10. Representations and Warranties: Statements confirming parties' authority and capacity to enter into the termination agreement

Optional Sections

1. Surviving Obligations: Used when certain obligations from the original agreement need to survive termination

2. Tax Implications: Include when there are specific tax consequences that need to be addressed

3. Third Party Rights: Required when third party interests or rights need to be addressed

4. Non-Disparagement: Optional clause preventing parties from making negative statements about each other

5. Dispute Resolution: Include detailed arbitration or mediation procedures if parties want alternative dispute resolution

6. Force Majeure: Include if termination is related to force majeure events

7. Insurance: Include when there are ongoing insurance obligations or claims to be addressed

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property including boundaries, registration details, and encumbrances

2. Schedule 2 - Original Agreement: Copy or details of the original agreement being terminated

3. Schedule 3 - Settlement Calculations: Detailed breakdown of any financial settlements, refunds, or adjustments

4. Schedule 4 - Outstanding Obligations: List of any pending obligations and their resolution

5. Schedule 5 - Handover Checklist: List of items, documents, and materials to be returned or transferred

6. Appendix A - Power of Attorney: If applicable, power of attorney documents authorizing signatories

7. Appendix B - Property Documents: Copies of relevant property documents, certificates, and permits

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Construction

Property Management

Real Estate Investment

Banking and Finance

Legal Services

Property Technology

Facilities Management

Urban Development

Relevant Teams

Legal

Real Estate Operations

Compliance

Risk Management

Property Management

Business Development

Contracts Administration

Corporate Secretarial

Investment

Operations

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Real Estate Attorney

Property Manager

Compliance Officer

Real Estate Agent

Business Development Manager

Contract Manager

Real Estate Investment Manager

Property Administrator

Risk Manager

Company Secretary

Operations Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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