Jun 22, 2023

Steps to Create Relinquishment Deed

by Godrej Properties Limited

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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:

  1. Consult a legal expert or advocate to have the relinquishment deed drafted.
  2. This is done on stamp paper worth Rs.100
  3. Take an appointment at the sub-registrar’s office (SRO) to register the deed
  4. 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
  5. The relinquishment deed is examined for errors, if any. If everything is ok, a registration fee is paid
  6. 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.
 

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