Release or Relinquishment Deed in Marthandam | Thuckalay | Nagercoil

A relinquishment deed can be called a form of release deed which can be used only to renounce the claims over an inherited property to a co-owner(s) of the property of the intestate. So a Release/Relinquishment deed is a legal document/instrument where a legal heir gives up or releases his legal rights in an inherited parental property for another legal heir such as his mother, son, daughter, brother, sister, etc. The term relinquishment refers to the abandoning and surrender of the rights, title, and interest, by one co-owner of property for the other co-owners. The consequences of relinquishment of one co-owner’s share in property are the enlargement of the shares of the other co-owners.

All the legal heirs of your deceased father/mother can come to an understanding and execute a Release/Relinquishment Deed releasing their individual share in favour of your co-brothers/sisters and the deed has to be duly stamped and registered in the office of the Sub-Registrar of the jurisdiction in which the property is situated.

 A release deed is quite different from a gift deed, though the legal implications are the same. You can use this instrument if you want to transfer your rights in a particular property to another joint owner(s)/co-owner(s). Such a transfer is irrevocable even if it is without any exchange of money or for monetary consideration. As with all documents related to the transfer of immovable property, a release deed needs to be signed by both parties, stamped and registered. You should note that stamp duty will be applicable only on the portion of the said property that is relinquished and not on its total value.

• Legal document: Relinquishment deed is a legal document. Through this legal document, an heir can transfer or release his legal right of the inherited property.
• Consequences: The effects of such transfer of rights are the release of the share of one co-owner and the enlargement of the shares of the other co-owners.
• Irrevocable: A release or relinquishment deed is irrevocable even if it made without any consideration. For a valid relinquishment, the property must be owned by more than one person.
• Relinquishment cannot be done in favour of a 3^rd person: Relinquishment of property can’t be made in favour of a person other than a co-owner. If a relinquishment is made in favour of a person who is not a co-owner, the transaction will be treated as a gift.
• Must be in writing: The relinquishment of right in the case of immovable property needs to be done only through a written document called relinquishment deed which must be signed by all the parties and witnessed by at least two witnesses.
• Must be registered: Relinquishment deed falls under Section 17 of the Registration Act, 1908 and hence, a release of rights in the immovable property must be registered. The registration takes place in the office of the sub-registrar within whose jurisdiction the property is situated.
• Consideration: A relinquishment deed can be done with or without any consideration.
• Easy process: A relinquishment deed can be made and registered in few days, and this process is not expensive.

The relinquishment of property can only be done in the name of a person who is co-owner or co-sharer in the property. Or in other words, relinquishment of property can not be done in the name of any third person other than the already existing co-owner. Hence, for a valid relinquishment, the person getting the relinquished property must be a legal heir. A property can also be transferred to minors; such cases will be governed by the Indian Contract Act, 1872.

As a Release/relinquishment deed is a legal document by which a person formally gives up his claim to another person, the said deed must be systematically executed and registered as per Section 17 of the Registration Act, 1908.

For the purpose of getting a relinquishment deed registered it is advised to consult a lawyer who can draft the deed for you, and in case you know the legal methodology and terminology you can do that on your own. Following steps are to be followed to get a relinquishment deed registered:

• Preparation of Relinquishment Deed:A Relinquishment Deed is to be prepared on a stamp paper. Ensure that every detail of the relinquished property is mentioned in the deed.
• Present the deed before Sub-Registrar of Assurances:Once the deed is prepared on a stamp paper, it is submitted before sub-registrar of assurances within whose jurisdiction the property is situated for registration along with a registration fee.
• Witnesses and other formality:Signatures of two witnesses will be required to get a deed registered. Other documents such as passport size photos, identity proof (driving license, Adhar card, etc.) will be needed.

Relinquishment takes place when the person who is supposed to heir the property waves off his right by transferring it to someone else. A deed is just a binary contract with more complex collateral.

Deed of relinquishment will only be considered valid in following situations:

• The person relinquishing the property must hold an interestin the property.
• The property must be an intestate one or must be a joint Hindu family property(membership by birth) except the self – acquired property of the father (no membership right during the lifetime of father).

A relinquishment deed is irrevocable as it can only be set aside on the similar grounds a contract can be set aside.

Grounds for revocation of relinquishment deed: The grounds for cancellation of relinquishment deed are similar as that of revoking a contract (of course, there is no consideration and price involved in the deed), these are as follows:

• Fraud,
• Misrepresentation,
• Undue influence,
• Coercion, or Any other similar grounds

The legal expert of Registration Boss clarifies that, “the deed can only be revoked when there is a lack of free consent and cannot be simply set aside on any other grounds as per your whims and wishes. Secondly, both the parties must give their consent to the cancellation, that is, the person who relinquished his property and in whose favor it was relinquished. But in a situation where the beneficiary person is unwilling to cancel the deed, you can approach the civil court for cancellation of the deed. Limitation period for challenging the deed is 3 years as per the Limitation Act. (Commences from the day when the right is being infringed).

An unregistered Release/ Relinquishment deed can also be challenged and declared void as registration is necessary and its absence makes the deed invalid. In Telugu Kishna Mohan and Another vs Smt. Boggula Padmavathi and others, it has been held that an unregistered relinquishment deed is not admissible in evidence for want of registration under Section 17 of the Indian Registration Act”. So it’s better to prepare and write a Release/Relinquishment Deed in a prudent manner in order to avoid future contradiction and conflicts. For any assistance required to prepare a same deed, you may contact to our Registration Boss…