What is a Relinquishment Deed?

A relinquishment deed is a legally binding document through which one co-owner or legal heir transfers their rights, title, and interest in a property to another legal heir. It is most commonly used in inheritance scenarios, particularly when one sibling wants to relinquish their share in favour of another.

Example: After the death of a parent, their property is inherited by two children. If one child wishes to give up their share, they can do so through a relinquishment deed, transferring it to the other sibling.

Key Features of a Relinquishment Deed

  • Applicable only to inherited or jointly owned properties.
  • Must be executed between legal heirs or co-owners.
  • Can be executed for monetary consideration or without consideration
  • Requires registration under the Indian Registration Act, 1908.
  • Once registered, the relinquishing party cannot claim rights over the property.

Contents of a Valid Relinquishment Deed

To be legally valid and enforceable, a deed must include the following:

  • Names and addresses of all parties involved
  • Clear description of the property
  • Share or interest being relinquished
  • Whether it is with or without consideration
  • Signature of both parties
  • Witnesses (minimum two)
  • Date and place of execution

A well drafted deed helps avoid future legal disputes and provides clarity in ownership.

When is a Relinquishment Deed Needed?

A relinquishment deed is typically required in the following cases:

  • Transfer of inherited property rights to a specific family member
  • Settlement among siblings or co-heirs
  • When a co-owner wants to exit joint ownership
  • Simplifying legal ownership for sale, gift, or partition of the property

How to Register a Relinquishment Deed?

Registration is mandatory to make the deed legally valid. Follow these steps:

  • Draft the Deed: You can use a standard format or consult a legal expert.
  • Stamp Duty Payment: Pay the applicable stamp duty as per state laws.
  • Visit the Sub-Registrar’s Office: Both parties must be present with original ID proof and property documents.
  • Sign in Front of Registrar: The deed is signed by both parties and attested by witnesses.
  • Receive Copy: Original copy is issued after successful registration.

Note: Stamp duty varies from state to state, and it may be nominal if the transfer is among blood relatives.

Is a Relinquishment Deed Legally Binding?

Yes, a properly drafted and registered deed is legally enforceable in court. Once executed, it cannot be revoked unless both parties agree, or a court intervenes due to fraud or coercion.

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