Relinquishment Deed – Overview

When a person dies without leaving a will, their legal heirs inherit the property, becoming co-owners. If one co-owner wishes to relinquish their right to the property and transfer it to another co-owner, a relinquishment of property is performed. This transfer of ownership is possible only between co-owners and is specifically applicable to inherited property.

A Relinquishment Deed is a legal document that records the transfer of property rights from one co-owner to another.

It is crucial for the relinquishment deed to be registered in accordance with Section 17 of the Registration Act, 1908, to make it a legally valid document.

A Relinquishment Deed Contains the Following:

• Details of the Parties: The person relinquishing the property and the person to whom the property is being transferred.
• Property Details: Information such as the description, location, and other relevant details of the property.
• Share in Ownership: Specifies the share of the property owned by each party involved.
• Signatures: Signatures of both parties and two witnesses.

Pre-Requisites for Relinquishment Deed Registration:

• Draft of the relinquishment deed.
• ID proofs of both parties (the person relinquishing the property and the recipient).
• Proof of payment of stamp duty (Challan).
• Passport-size photos of both parties.
• Two witnesses, along with their ID proofs.

Procedure for Creating and Registering a Relinquishment Deed:

1. Hire a Lawyer: Discuss your intention of relinquishing your share of the property to the other co-owner.
2. Drafting the Deed: The lawyer will draft the relinquishment deed based on the discussions.
3. Pay Stamp Duty: Pay the stamp duty, which is typically Rs. 100/-, but the exact amount will be confirmed by the lawyer based on state-specific rules.
4. Visit the Sub-Registrar Office: Go to the sub-registrar office for registration of the relinquishment deed.
5. Produce Required Documents: Ensure all necessary documents, including identification proofs and the deed itself, are submitted.
6. Sign the Deed: Both the parties (relinquishing and receiving the share) will sign the deed, and two witnesses will also sign it.
7. Registration: The relinquishment deed will be registered and a copy will be provided.