Relinquishment is when a legal heir or joint owner of a property, surrenders or gives up his share of or right in the property to other legal heirs or co-owners of the said property. This is done legally through a document called a relinquishment deed or a release deed. Below we review the release deed procedure involved in releasing one’s legal rights to immovable property.

Relinquishment Deed Format

There is a standardised format for relinquishment deeds. A number of details need to be mentioned in the deed. These include:

Date of the deed
Name of the relinquisher and his relation to the deceased person, whose property he inherited.
Names of other joint inheritors or co-owners in whose favour the property rights are being relinquished. Their relationship with the deceased is also mentioned.
Names of the witnesses to the relinquishment deed.

The relinquishment deed with the above details should be drafted on stamp paper and registered with the witnesses mentioned in the act.

A release deed is only drawn up in instances where the inheritors or joint owners are related by blood through a common ancestor. Thus, you can only use a release deed in cases of blood relation. The standard relinquishment deed can also be considered as a release deed of ancestral property format.

Steps Involved in Relinquishment Deed Registration

As per Section 17 of the Registration Act, of 1908, it is compulsory to register a relinquishment deed. Follow the steps below to register a release or relinquishment deed:

Consult a legal expert or advocate to have the relinquishment deed drafted.
This is done on stamp paper worth Rs.100
Take an appointment at the sub-registrar’s office (SRO) to register the deed
On the appointed day, all parties mentioned in the deed, including witnesses with ID proof, need to be present at the sub-registrar’s office
The relinquishment deed is examined for errors, if any. If everything is ok, a registration fee is paid
The relinquishment deed is registered and can be collected from the SRO after a week.

Finally, a release deed or relinquishment deed is usually used to transfer property rights after someone’s death. Under the Hindu Succession Act, if a person dies without a registered will or intestate, his property is inherited by his legal heirs. Thus, one of the co-heirs, which can include surviving spouse and children, can surrender their share of the property to the other co-heirs with or without consideration.

Frequently Asked Questions

1. Where should I register my relinquishment deed?

Answer: The relinquishment deed must be registered at the sub-registrar’s office in the state where the property is located.

2. In which instances can a relinquishment deed be used?

Answer: A relinquishment deed can be used to relinquish rights in joint property in the case of divorce between spouses. It can also be used by one of the parties to a jointly purchased property that prefers to liquidate its share in the property.

Steps to Create Relinquishment Deed

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