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When a person dies without making a will (intestate), the property they own is usually inherited by their legal heirs like their children or spouse under the rules of succession. In such cases, there might be a need for the legal heirs or co-owners to transfer or release their share in favor of another co-owner. This is where a relinquishment deed comes into play.

What Is a Relinquishment Deed?

A relinquishment deed, also known as a release deed, is a legal document through which a co-owner of a property gives up or releases their legal rights to that property in favor of another co-owner. It is commonly used when the deceased has not left behind a will, and the legal heirs want to clarify the ownership rights among themselves.

Example to Understand Better

Let’s take a practical example. Suppose Mr. Kumar has three sons and he passes away without writing a will. His property is then equally inherited by all three sons. Two of them live in distant cities and find it difficult to manage the ancestral house located in their hometown. So, they decide to give up their share in favor of the third brother, who lives nearby and can manage the property well.

In such a case, a relinquishment deed needs to be drafted and registered to legally transfer their rights. Even if the brothers are taking money in return for giving up their share, a relinquishment deed can still be used making it a legally valid transfer.

When Is a Relinquishment Deed Needed?

There are several situations where a relinquishment deed is useful:

• After the death of a property owner without a will: Legal heirs may want to pass their share to one of the co-owners.

• Divorce settlements: One spouse may give up their share in a jointly owned property.

• Urgent financial needs: A co-owner may want to release their share in return for money.

• Minor legal heir involved: For any transfer related to a minor’s share, a relinquishment deed is required.

Who Can Relinquish Property?

Only the co-owners of a property can relinquish their share, and it can only be transferred to another existing co-owner. You cannot relinquish your rights in favor of someone who is not a co-owner.

Benefits of a Relinquishment Deed

• Clear ownership: It simplifies property ownership among legal heirs.

• Avoids disputes: Helps prevent future conflicts regarding inherited property.

• Legal recognition: A registered deed is considered valid in court.

• Smooth transfer: Especially useful when there is no will left behind.

Legal Requirements and Registration

As per Section 17(1)(b) of the Registration Act, 1908, a relinquishment deed involving immovable property must be registered to be legally valid. An unregistered deed holds no legal value in court.

Additionally, the Bombay High Court recently ruled that a relinquishment deed for inherited property must be formally registered to be accepted in a court of law. Just presenting a signed document or affidavit isn’t enough to prove the transfer of ownership.

How to Register a Relinquishment Deed

Here’s a step-by-step guide:

Step 1: Draft the Deed

Prepare a clear and error-free draft of the relinquishment deed on an Rs. 100 stamp paper. Ensure names, property details, and intentions are clearly written.

Step 2: Visit the Sub-Registrar’s Office

All involved parties, including two witnesses, must visit the sub-registrar’s office. Carry ID proofs (Aadhaar, PAN, etc.), address proofs, passport-size photos, and original property documents.

Step 3: Pay the Fees

The registration fees typically include Rs. 100 for the deed and Rs. 250 as service charges. These may vary by state.

Step 4: Final Registration

If the registrar is satisfied, the deed is registered. It usually takes 5–7 working days. You’ll receive a registered copy for your records.

Special Cases - When Someone Can’t Visit

f one of the involved parties cannot visit the sub-registrar's office due to illness or disability, they can request a home visit. As per Section 31 of the Registration Act, a registrar has the authority to visit the party’s residence for executing the deed.

If managing all this legal paperwork and coordination sounds overwhelming, platforms like EazemyRent can simplify the process. Whether it’s handling documentation, registration, or property management, their team offers reliable support to make things easier for you.

What Happens If the Deed Is Not Registered?

As per Section 49 of the Registration Act, an unregistered relinquishment deed cannot be accepted as legal evidence in case of disputes. Revenue records or consent affidavits alone do not count as valid proof of relinquishment.

Required Documents for Creating a Relinquishment Deed

• Title deed or property papers

• Identity and address proof of all parties

• Written intention of relinquishing

• PAN cards of all parties

• Two witnesses with ID proofs

• Passport-size photographs

Important Points to Remember

• Relinquishment can be done with or without money.

• All parties must sign the deed in the presence of two witnesses.

• The deed is legally binding and cannot be revoked once registered, except in cases of fraud, coercion, or misrepresentation.

• Revocation must happen within three years from the date of registration.

Relinquishment Deed vs Gift Deed

Here’s how a relinquishment deed differs from a gift deed:

Final Thoughts on Relinquishment Deed

A relinquishment deed is a crucial document for transferring property rights among co-owners, especially in cases of inheritance without a will. It simplifies ownership, ensures transparency, and avoids potential legal complications. Make sure it’s properly drafted, registered, and executed following the legal procedures, to make it legally binding and court-admissible.