What is a Relinquishment Deed in India?

A Relinquishment Deed is a legal document through which a legal heir or co-owner voluntarily gives up their rights or share in a property in favour of another legal heir or co-owner.

How does a Relinquishment Deed work in India?

The legal heir executes the deed, pays the applicable stamp duty, and registers it at the Sub-Registrar’s office, thereby legally transferring their share in the property to another co-owner.

What is the format of a Relinquishment Deed?

The deed typically includes details of the parties involved, a clear description of the property, a relinquishment clause, witness signatures, and the date of execution.

How to draft a Relinquishment Deed in India?

It is advisable to engage a lawyer to draft the Relinquishment Deed with accurate property details, parties’ information, and mandatory legal clauses, and then execute it on appropriate stamp paper.

What is the process for Relinquishment Deed registration in India?

The process involves drafting the deed, paying the applicable stamp duty, submitting identity proofs and property documents, executing the deed before witnesses, and registering it at the Sub-Registrar’s office.

Is a Relinquishment Deed mandatory in India?

Yes, a Relinquishment Deed must be registered under the Registration Act, 1908, to be legally valid and enforceable.

How much is the stamp duty on a Relinquishment Deed in India?

Stamp duty varies by state. Some states charge a nominal fixed fee, while others levy a percentage of the property’s market value.

Can a Relinquishment Deed be revoked after registration?

No, once a Relinquishment Deed is registered, it is final and cannot be revoked.

Can an NRI execute a Relinquishment Deed in India?

Yes, an NRI can execute a Relinquishment Deed either by being physically present in India or through a registered Power of Attorney.