e-Namo Legal Lab

Relinquishment Deed in India

Introduction

When a person dies, their property is inherited by their legal heirs. But sometimes, one heir may not want to keep their share and instead wishes to give it to another family member. In such cases, a Relinquishment Deed is used.

In this blog, we explain the meaning, process, stamp duty, and legal importance of a relinquishment deed in India.

✅ What is a Relinquishment Deed?

A Relinquishment Deed is a legal document where one legal heir gives up their share in inherited property in favor of another heir.

Applies only to inherited/joint family property.
Must be registered under the Registration Act, 1908.
Once executed, it is irrevocable.

Example: If two brothers inherit their father’s house and one brother gives up his share in favor of the other, a relinquishment deed is executed.

Key Features of a Relinquishment Deed

Applicable only to inherited property.
Can be partial or complete – an heir may give up full or part of their share.
Transfer only to co-heirs – not outsiders.
Mandatory registration – without registration, the deed has no legal effect.
Irrevocable once registered.

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Process of Executing a Relinquishment Deed in India

Step 1: Drafting the Deed

Include:

Property details
Names of heirs
Share being relinquished
Beneficiary’s details

Step 2: Stamp Duty Payment

Pay applicable stamp duty, which varies by state.

Step 3: Registration at Sub-Registrar Office

Submit documents:

Relinquishment deed draft
Identity proof of all parties
Property ownership proof
Two witnesses

Step 4: Legal Effect

Once registered, the relinquishing heir loses all legal rights in the property.

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Legal Importance of a Relinquishment Deed

✅ Clear ownership – ensures the beneficiary has undisputed rights.
✅ Prevents disputes – avoids conflicts among heirs.
✅ Required for mutation – helps update municipal and property records.
✅ Proof of transfer – accepted by courts, banks, and government authorities.

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Stamp Duty on Relinquishment Deed

Varies by state (generally 1%–2% of property value).
Lower if executed among family members.
If executed in favor of a non-family member, higher stamp duty applies (similar to a gift or sale deed).

FAQs on Relinquishment Deed in India

Q1. Is a relinquishment deed valid without registration?
No, registration is mandatory for legal validity.

Q2. Can a relinquishment deed be revoked?
No, once registered, it is irrevocable.

Q3. Can it be executed in favor of an outsider?
No, it applies only among co-heirs. For outsiders, a gift deed or sale deed is required.

Q4. Difference between relinquishment deed and release deed?

Relinquishment Deed – used for inherited property among heirs.
Release Deed – used for both joint ownership and inheritance.

Conclusion

A Relinquishment Deed in India is an essential legal tool to ensure smooth transfer of inherited property among family members. By properly drafting and registering the deed, heirs can avoid future disputes and establish clear ownership rights.

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