Repealed or not in force · As amended up to 2026-08
I. It is hereby enacted, that the Statute Ch. XXI. of the 4[th] and 5[th] years of the reign of Queen Victoria, entitled "An Act for rendering a Release as effectual for the conveyance of Freehold Estates as a Lease and Release by the same parties," shall be extended to the territories of the East India Company from the 1[st] day of October next; Provided always that this Act shall not be construed to affect any case which would not have been governed by the Law of England before the passing of the aforesaid Statute, if this Act had not passed an provided, that every deed or instrument of Release taking effect under this Act shall be expressed to be made in pursuance thereof; and it shall not be necessary that it be expressed to be made in pursuance of the Statute aforesaid.
An Act for rendering a Release as effectual for the conveyance of Freehold Estates as a Lease and Release by the same Parties.
[18[TH] May, 1841.]
"Whereas it is expedient to lessen the expense of conveying Freehold Estates :" Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, That every Deed or instrument of Release of a Freehold Estate, or Deed or Instrument purporting or intending to be a Deed or Instrument of Release of a Freehold Estate, which shall be executed on or after the 15[th] day of May, 1841, [and shall be expressed to be made in pursuance of this Act,] shall be as effectual for the purposes therein expressed, and shall take effect as a conveyance to uses or otherwise, and shall operate in all respects both at Law and Equity as if the releasing party or parties who shall have executed the same had also executed in due form as Deed or Instrument of Bargain and Sale or Lease for a year for giving effect to such Release, although no such Deed or Instrument of Bargain and Sale or Lease for a year shall be executed, provided that every such Deed or Instrument so taking effect under this Act shall be chargeable with the same amount of Stamp Duty as any Bargain and Sale or Lease for a year would have been chargeable with (except progressive Duty) if executed to give effect to such Deed or Instrument, in addition to the Stamp Duties which such Deed or Instrument shall be chargeable with as a Release or otherwise under any Act or Acts relating to Stamp Duties.
Source: India Code