Relinquishment Deed

Relinquishment Deed allows co-owners to legally transfer their share of a property to another co-owner or legal heir.

1

Drafting

Our NRI expert lawyers will thoroughly understand the situation & property details, post which lawyer drafts a Relinquishment Deed in favour of co owner/legal heir of the property.

Schedule a paid call of 30 mins with our consultant
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2

Review

India for NRI offers a review service where our expert lawyers will carefully examine the Relinquishment Deed and provide their observations, if any.

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  • Draft Power of Attorney (POA)
  • The POA is then apostilled in your country
  • Send the POA by post to India
  • The POA is registered with the SDM office
  • Once this entire process is complete, register your Relinquishment Deed with the Sub-Registrar.
3

Registration

Registration Act of 1908 mandates the registration of a Relinquishment Deed, after payment of stamp duty as applicable.

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Design Your Package

Relinquishment Deed

Price

Drafting
$60
Review
$50
Registration
$250

Total Value

Base Price :$0

Total Amount :$0

Power of Attorney

Price

Drafting of POA
$60
Notarisation & Attestation
$200
Registration of POA
$200

Total Value

Base Price :$0

Total Amount :$0

Cases where Relinquishment Deed can be used?

Inheritance: In the absence of a Will, known as intestate death, a Relinquishment Deed may be needed to transfer property ownership among legal heirs, clarifying respective shares and responsibilities.

Divorce:In divorce settlements, a Relinquishment Deed facilitates the transfer of one spouse's share in the property to the other, resolving ownership disputes.

Financial Urgency:When a co-owner urgently requires funds, a Relinquishment Deed allows them to liquidate their share of the property.

Minor's Estate:With court approval, a legal guardian can use a Relinquishment Deed to transfer a minor's estate to another legal heir.

Voluntary Transfer: Out of goodwill, a legal heir or co-owner can use a Relinquishment Deed to transfer their share to another co-owner.

Document Required

Proof of ownership

A written document stating the intention of relinquishment / release

Name of the releasor, age, address

Photograph of both parties

Aadhar card, ID proofs, like driving license, passport, etc

PAN card of both the parties for the execution of Relinquishment Deed

Complete description of the property in question

Details of consideration (if any)

Two witnesses at the time of execution of Relinquishment Deed

Stamp duty payment challan

Submit Your Query

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Frequently Asked Questions

  • Someone dies without a will i.e., “intestate”. A Relinquishment Deed allows hassle-free disposal of the inherited property in the case when there are two or more legal heirs.
  • A Relinquishment Deed allows a legal heir to give up his/her legal rights to ‘inherited property for the other heirs. When the person dies intestate, it is the Relinquishment Deed which transfers ownership. The legal heir(s) (by inheritance) will transfer their shares in favour of the co-owner of the property. A Relinquishment Deed will be assigned for a consideration or without consideration. Most importantly, the parties signing the Deed must be co-owners and legal heir of the property for the transfer to be released or relinquished.

No, It must be registered in court to be legally valid

A Relinquishment Deed can be created only in cases of inherited properties.

Release Deeds can only be executed between co-owners of a property, whereas a Gift Deed facilitates transfers between parties that may or may not be unrelated.

Release (or Relinquishment) Deed can only be revoked on the grounds of fraud or coercion.

Release Deeds does not require consideration, but the presence of consideration does not vitiate them either. It is an optional addition.

Release (or Relinquishment) Deed can be reviewed by a Property Legal expert provided by India for NRI.

A Relinquishment Deed can be created by a person who has a share in the inherited property. In other words, a co-sharer of the property can relinquish their right to the property in favour of another co-sharer of the property. This includes the person's children, mother, father, sister, and brother. A property cannot be relinquished in a third person's name.

It is compulsory to register a Relinquishment Deed to make the transferring of rights of property valid legally. This is governed by Section 17 (1) b of the Registration Act, 1908. This act serves as a tool to validate the transfer of the right of immovable property to the other co-owner. This legalises the process of transfer of property.

The Relinquishment Deed stamp duty is applicable at 6% for men and 4% for women.

The time limit within which any party can challenge the Deed is three years from the transfer date.

Generally, If the relinquished property is inherited, capital gains tax may not be applicable. However, if it is a gifted property, capital gains tax may apply based on the property's fair market value