Draft a deed of Surrender of Lease. Assume necessary facts and data.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Draft a deed of Surrender of Lease. Assume necessary facts and data.
Answer & Explanation:
Deed of Surrender of Lease THIS DEED OF SURRENDER OF LEASE made the [Insert Day] day of [Insert Month] , [Insert Year] at [Insert Place] BETWEEN XY of, etc. (the 'lessee'), of the one part AND PQ of, etc. (the 'lessor') of the other part. WHEREAS by an Indenture dated [Insert Date of Indenture] made between the parties hereto and registration in it was witnessed that the said PQ did in consideration of the rent thereby and thereunder reserved and of the covenants and conditions to be observed and performed on the part of the said XY as therein contained granted and demised by way of lease the property fully mentioned and described in the schedule hereto for a term of [Insert Number] years. AND WHEREAS such lease is in full force and virtue and all rents and conditions reserved by and contained there under on the part of the lessee to be paid, observed and performed by the said XY up to the date of these presents. AND WHEREAS the lessee was at all material times and is presently in possession of the property since the execution of the lease. AND WHERAS for personal reasons and consideration, the said XY having desired to be relieved from any further payment of such rent and performance of the covenants and conditions approached the said PQ for a surrender of the said lease and delivery of the possession of the property. AND WHEREAS the said PQ has agreed to accept from the said XY a surrender of the aforesaid lease of the said premises. NOW THE DEED WITNESSES that in pursuance of the said agreement and consideration of a sum of ₹ [Insert Token Consideration] being the token consideration paid by the said PQ to XY, the said XY as beneficial user of the said property do hereby give up and relinquish all his leasehold estate and interest in and surrender and deliver possession to the said PQ of the premises comprised in and by the said deed of lease TO HOLD the same as before execution of the lease by the said PQ TO HOLD THE INTENT and object that the same shall stand determined to all intents and purposes and that the residue of the said XY in the said term of [Insert Number] years created by the said deed of lease and all other rights and interests of the said XY in the said premises under or by virtue of the said deed shall stand extinguished and merged in the reversion freehold and inheritance of the premises with immediate effect as if the said lease was never granted nor intended. AND THIS INDENTURE further witnesses that in consideration of the surrender of the lease which is accepted by the lessor he the said PQ do hereby release and discharge the lessee XY, his successor and estate from all claims, demands and liabilities on account of future rent and or arising but of performance or non- performance or hereinbefore recited Indenture of lease. IN WITNESS WHEREOF the parties above named have put their signatures the day and year above. Signed, sealed and delivered XY PQ The Schedule above referred to: [Insert detailed description of the leased property]
Topics: Deeds and Conveyancing
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