RELINQUISHMENT DEED

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Relinquishment deed is a legal document whereunder a legal heir gives up or releases his legal rights in an inherited, parental or joint property in favor of other legal heirs such as his mother, father, son, daughter, brother or sister etc. The term ‘Relinquishment’ refers to the abandoning and surrender of the rights, title and interest, by one co-owner of a property  in favour of the other co-owners. The consequence of Relinquishment of one co-owner’s share in a property is the enlargement of the shares of the other co-owners.The steps involved in the Registration of a Relinquishment Deed are as follows:

1. The Relinquishment Deed is drafted / prepared by an Advocate / legal expert.
2. Stamp Paper is purchased for the execution.
3. Date is fixed for the registration in the Sub Registrar office.
4. The Government registration fee is paid.
5. Both the parties and 2 witnesses visit the sub registrar office on the fixed day for the registration of Release Deed.
6. Registered Relinquishment Deed is collected after a week.

Relinquishment Deed or a release deed is generally used to transfer share in property after the death of a person. It is used to transfer ownership when a person dies without leaving behind a will (i.e. dies intestate) and his legal heirs inherit his property as per the provisions of the Hindu Succession Act, 1956. In such a case, relinquishment deed is used for transferring the shares of the legal heirs in favour of one of them and then getting the Mutation done in favour of the legal heir in the records of MCD, DDA or L&DO. A relinquishment deed needs to be drafted carefully. A relinquishment deed is subject to a close scrutiny by the Sub Registrar because it is often used to save the stamp duty payable on a gift deed.

  • A Release or a relinquishment deed is irrevocable even if it is made without any consideration. For a valid Relinquishment, the property in question must be owned by more than one person.
  • Relinquishment of property cannot be made in favour of a person other than a co-owner. If a Relinquishment is made in favour of a person who is not a co-owner, the transaction shall be treated as a gift and would attract the same stamp duty as applicable on gift deed / conveyance deed.

 

  • Relinquishment of right in immovable property needs to be done only through a written document called Relinquishment Deed  which must be signed by all the parties and witnessed by at least two witnesses.
  • A release of rights in immovable property should be made only by a registered deed. The registration takes place in the office of the Sub Registrar within whose jurisdiction the property is situated.
  • A relinquishment may be made for consideration (Release Deed) or even without consideration . 
  • Relinquishment deed is one of the documents which fall under Section 17 of the Registration Act, 1908 and hence it is compulsory to get it registered at the concerned sub registrar office.
  • In Telugu Kishna Mohan and Another vs. Smt.Boggula Padmavathi and Others, it has been held that an unregistered relinquishment deed is not admissible in evidence for want of registration under Section 17 of the Indian Registration Act. ​

  • The relinquishment deed can be made in respect of Leasehold properties of DDA, L&DO as well as Freehold properties such as Plots, residential house, builder floor, apartment, flats, commercial shop, office etc. after the death of father, mother or other family member.

 

FAQs
How to  
Q. I want to relinquish my share in a property located outside Delhi. Can I get the deed registered in Delhi?
A. No, you will have to get the relinquishment deed registered in the sub registrar of the state where the property is situated.

Q. Do you prepare the relinquishment deed format / release deed format?
A. Yes, we prepare the format of the relinquishment deed and also get it registered in the registry office.

Q. Can a Release deed be used in case of divorce settlement between husband & wife?
A. Yes, a release deed can be used for transfer of share in a property between husband & wife in case of divorce or judicial separation.

Q. Is it compulsory to get the relinquishment deed registered?
A. Yes, registration of relinquishment deed is compulsory. An unregistered relinquishment deed is not valid.

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