All You Need To Know About Registering A Relinquishment Deed
All You Need To Know About Registering A Relinquishment Deed
In this blog post, Sourabh Makhija, from RDVV – Jabalpur describes a relinquishment deed
as well as the process of registering a relinquishment deed.
https://blog.ipleaders.in/all-you-need-to-know-about-relinquishment-deed/ 1/10
3/21/2020 All You Need to Know About Registering a Relinquishment Deed
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.
Illustration: A died intestate leaving behind his three sons. A was the owner of a land
which after his death was inherited by his three sons. Later, one of the son X shows his
interest for not keeping any share in the said property for which he offered relinquishment.
https://blog.ipleaders.in/all-you-need-to-know-about-relinquishment-deed/ 2/10
3/21/2020 All You Need to Know About Registering a Relinquishment Deed
The relinquishment deed was made in favour of other two owners. The relinquishment deed
transferred every right of X in the property to his brothers.
A property can also be transferred to minors; such cases will be governed by the Indian
Contract Act, 1872.
Illustration: A died intestate leaving behind his three sons. A’s property was equally
shared by the sons. Later, one of the son X because of some personal reasons relinquished
his property to Z (his friend) for consideration which is not a valid relinquishment.
Registration of Relinquishment Deed
https://blog.ipleaders.in/all-you-need-to-know-about-relinquishment-deed/ 3/10
3/21/2020 All You Need to Know About Registering a Relinquishment Deed
As a 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:
https://lawsikho.com/course/diploma-advanced-contract-drafting-negotiation-
dispute-resolution
click on the image
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 which
varies from state to state, but it is somewhere between Rs. 100 – Rs. 250 in every state.
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 DEED
This Deed of relinquishment is made and executed on this— day of —–, 2011 by
—————–By Shri ________________S/o Shri ___________________ and Miss.
https://blog.ipleaders.in/all-you-need-to-know-about-relinquishment-deed/ 4/10
3/21/2020 All You Need to Know About Registering a Relinquishment Deed
IN FAVOUR OF
1)
II)
III)
Pursuant to their wish, as mentioned above, the Executants/Releasors out of natural love
and affection and without any monetary consideration, hereby with to release and
https://blog.ipleaders.in/all-you-need-to-know-about-relinquishment-deed/ 5/10
3/21/2020 All You Need to Know About Registering a Relinquishment Deed
IN WITNESS WHEREOF , the Executants/Releasors and the Releasee have signed this
Deed of Relinquishment on the day, month and year first mentioned above in the
presence of the following witnesses:-
(——————) (——————-)
RELEASEE
(——————-)
EXECUTANTS/RELEASORS
WITNESSES:-
1.
2.
Regards.
XYZ
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
https://blog.ipleaders.in/all-you-need-to-know-about-relinquishment-deed/ 6/10
3/21/2020 All You Need to Know About Registering a Relinquishment Deed
complex collateral.
The person relinquishing the property must hold an interest in the property.
The property 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).
Fraud,
Misrepresentation,
Undue influence,
Coercion,
So, 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: Three years as per the Limitation Act. (Commences
from the day when the right is being infringed).
The unregistered relinquishment deed is not a valid deed in law and can’t be contested in
court. As far as any transaction to immovable property shall be valid only when the deed
executed, is registered by properly paying stamp duty and the registration charges.
Section 17 (1) b of the Registration Act mandated that any document which has the effect
of creating and taking away the right in respect of any immovable property must be
registered and section 49 of the Act imposes bar on the admissibility of an unregistered
documents and deals with the documents that are required to be registered under section
17 of the act .
1. 6(a) of the Transfer of Property Act, also deals with the doctrine of Spes Successionis.
The Supreme Court has examined the applicability of the concept of ‘Spes Successionis’ in
Shehammal v. Hasan Khani Rawther. The two important questions which came up
before the Court in this case was:
The Court in this case, watered down the concept that the chance of a Mohammedan heir
apparent succeeding to an estate cannot be the subject of a valid transfer on lease and
held that renunciation of an expectancy in respect of a future share in a property in a case
where the concerned party himself chose to depart from the earlier views, was not only
https://blog.ipleaders.in/all-you-need-to-know-about-relinquishment-deed/ 8/10
3/21/2020 All You Need to Know About Registering a Relinquishment Deed
possible, but legally valid. The Court referring to the case of Mt. Khannum Jan v. Mt. Jan
Bibi, wherein it was held that “renunciation implies the yielding up of a right already
vested.” For example, renunciation during the mother’s lifetime of the daughter’s shares
would be null and void on the ground that a daughter does not get the right over the
property before the mother dies.
The Courts have however, held that, “under the Muslim Law an expectant heir may be part
of a course of conduct which may create an estoppel against claiming the right at a time
when the right of inheritance has accrued”
Now, on the issue of whether by means of family settlement can they relinquish the right of
spes successionis, the Courts commented that, though the arrangements in a family are
made to avoid any future dispute in the family, but a broad concept of a family settlement
could not allow the relinquishment of spes successionis.
Nevertheless, the Courts pointed out a few exceptions as in the case of Gulam Abbas, like,
by accepting consideration for a future share. Once, consideration for a future share is
accepted, it could then operate as estoppel against the expectant heir to claim any share in
the estate of the deceased on account of the doctrine of spes successionis.
LawSikho has created a telegram group for exchanging legal knowledge, referrals and
various opportunities. You can click on this link and join:
https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA
Follow us on Instagram and subscribe to our YouTube channel for more amazing legal
content.
References:
1. http://www.lawyersclubindia.com/experts/Relinquishment-deed-149331.asp
2. http://www.lawyersclubindia.com/forum/Relinquishment-deed-Please-Help–10643.asp
3. https://www.quora.com/What-is-the-difference-between-Release-Deed-Relinquishment-
Deed-and-Oral-Declaration-of-Gift-Deed
4. http://www.stampduty.in/Registration/page_1341359.html
5. https://indiankanoon.org/doc/561156/
https://blog.ipleaders.in/all-you-need-to-know-about-relinquishment-deed/ 9/10
3/21/2020 All You Need to Know About Registering a Relinquishment Deed
Did you nd this blog post helpful? Subscribe so that you never miss another post! Just complete this form…
Name
Email Address
10-6=?
SUBSCRIBE!
https://blog.ipleaders.in/all-you-need-to-know-about-relinquishment-deed/ 10/10