What is Relinquishment Deed?

A relinquishment deed is a legal document in which a legal heir surrenders or transfers his legal rights in inherited parental property to another legal heir, such as his mother, son, daughter, brother, sister, and so on.

Relinquishment Deed

The phrase relinquishment refers to one co-owner renouncing and surrendering their rights, title, and interest in property to the other co-owners. Relinquishment deeds are most commonly used to transfer ownership rights in a co-owned or co-inherited property.

Essential Elements of Relinquishment Deed

• Legal documents: The relinquishment deed is a legal document. An heir can use this legal instrument to transfer or release his legal rights to the inherited property.
• Consequences: The repercussions of such a transfer of rights include the release of one co-owner’s share and the expansion of the shares of the other co-owners.
• Irrevocable: A release or relinquishment deed is irreversible, even if executed without contemplation. For a legitimate relinquishment, more than one individual must own the property.
• Relinquishment cannot be made in favor of a third party: Property cannot be relinquished in favor of anybody other than the co-owner. If a relinquishment is made in favor of someone who is not a co-owner, the transaction is considered a gift.
• It must be in writing. In the case of immovable property, rights can only be relinquished through a written instrument known as a relinquishment deed, which must be signed by all parties and witnessed by at least two witnesses.
• It must be registered: Relinquishment deeds are subject to Section 17 of the Registration Act of 1908, therefore any surrender of rights in immovable property must be recorded.
• Consideration: A relinquishment deed can be performed with or without consideration.
• Easy Process: A relinquishment document can be created and recorded in a matter of days, and the process is quite inexpensive.

Registration of the Relinquishment Deed

A relinquishment deed is a legal document in which a person formally relinquishes his claim to another person. It must be executed and registered by Section 17 of the Registration Act, of 1908.

To have a relinquishment deed recorded, you need to visit a lawyer who can draft the deed for you. To register a relinquishment deed, perform the steps listed below:

• The Relinquishment Deed must be prepared on Rs.100 stamp paper: Ensure that the deed contains every detail about the relinquished property.
• Present the deed to the Sub-Registrar of Assurances: Once the deed is prepared on stamp paper, it is submitted to the sub-registrar of assurances in whose jurisdiction the property is located for registration, along with a registration fee that varies by state but ranges between Rs. 100 and Rs. 250 in all states.
• Witnesses and other formalities: To register a deed, two witnesses’ signatures are required. Other documents such as passport-sized pictures and identity proof (driver’s license, Adhar card, etc.) will be required.

Who is entitled to relinquish property, and to whom?

Only the owner of a piece of property can surrender it. If a property has more than one owner, either co-owner may surrender ownership. A legal relinquishment must comply with all legal contract conditions, except payment.

Only individuals who jointly own or share equity in the property are eligible to renounce it. To put it another way, the property cannot be handed up in the name of anyone other than an existing co-owner. As a result, for relinquishment to be effective, the property must be passed down to a lawful heir. It is permissible to transfer property to children under the Indian Contract Act of 1872.

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