Relinquishment Deed Format

अधित्यागी विलेख प्रारूप

Deeds & Wills Updated: 2025-02-28

Overview

A relinquishment deed (also called a release deed) is a legal document through which a legal heir gives up their share in an inherited property in favor of another legal heir. It is commonly used among family members to consolidate property ownership.
Hindi अधित्यागी विलेख (रिलीज डीड) एक कानूनी दस्तावेज है जिसके माध्यम से एक कानूनी उत्तराधिकारी विरासत में मिली संपत्ति में अपना हिस्सा दूसरे कानूनी उत्तराधिकारी के पक्ष में छोड़ देता है।

When to Use This Format

  • When a legal heir wants to give up their share in inherited property
  • To transfer inherited property rights to another co-heir
  • For consolidating ownership of ancestral property
  • When siblings agree to give their share to one family member
  • To avoid future disputes over inherited property

Key Components

  1. 1 Releasor Details

    Name, age, address, and relationship of the person relinquishing their share.

  2. 2 Releasee Details

    Name, age, address, and relationship of the person in whose favor the share is being released.

  3. 3 Property Details

    Complete description of the property including survey number, area, boundaries, and address.

  4. 4 Inheritance Details

    Details of how the property was inherited - name of deceased, death date, and succession details.

  5. 5 Consideration

    Whether the relinquishment is with or without consideration (monetary payment).

  6. 6 Declaration

    Statement that the release is voluntary and the releasor has no further claim on the property.

Sample Format

Download Word Document
RELINQUISHMENT DEED This Relinquishment Deed is executed on this ___ day of _______, 2025 at [Place] BY [Releasor Name], S/o/D/o [Father's Name], aged ___ years, residing at [Address] (hereinafter called the "RELEASOR") IN FAVOUR OF [Releasee Name], S/o/D/o [Father's Name], aged ___ years, residing at [Address] (hereinafter called the "RELEASEE") WHEREAS: 1. [Deceased Name] passed away on [Date] leaving behind the following legal heirs: (a) [Name] - [Relationship] (b) [Name] - [Relationship] 2. The deceased was the owner of the property described in the Schedule below. 3. The Releasor, being a legal heir, has a share in the said property. NOW THIS DEED WITNESSETH: 1. That the Releasor hereby voluntarily relinquishes and releases all rights, title, and interest in the property described in the Schedule in favor of the Releasee. 2. That this relinquishment is [without consideration / for a consideration of Rs. _____/-]. 3. That the Releasor shall have no claim on the said property hereafter. SCHEDULE OF PROPERTY: [Detailed property description] RELEASOR: _______________ WITNESS 1: _______________ WITNESS 2: _______________

Step-by-Step Guide

1

Obtain Legal Heir Certificate

Get a legal heir certificate from the Tehsildar or court establishing the heirs of the deceased.

2

All Heirs Must Agree

All legal heirs should be aware of and ideally consent to the relinquishment to avoid future disputes.

3

Draft the Deed

Prepare the relinquishment deed with property details, inheritance chain, and terms of release.

4

Purchase Stamp Paper

Buy stamp paper of appropriate value. Stamp duty varies - some states charge nominal duty for family relinquishment.

5

Register the Deed

Registration is mandatory at the Sub-Registrar's office. Both releasor and releasee must be present.

6

Mutation of Records

Apply for mutation of property records to reflect the change in ownership at the revenue office.

Important Notes

  • A relinquishment deed can only be executed in favor of a co-heir, not an outsider.
  • Registration is mandatory under the Registration Act, 1908.
  • Stamp duty varies by state - some states offer concessions for relinquishment among family members.
  • If the relinquishment is without consideration, it may attract gift tax implications.
  • Once registered, a relinquishment deed is generally irrevocable unless proved to be obtained by fraud or coercion.

Frequently Asked Questions

What is the difference between a relinquishment deed and a gift deed?

A relinquishment deed is executed only between co-heirs/co-owners to release one's share in a jointly inherited property. A gift deed can be executed in favor of anyone (family member or outsider) and involves transferring self-acquired or inherited property. Stamp duty for relinquishment is usually lower than for gift deeds.

Is stamp duty payable on a relinquishment deed?

Yes, stamp duty is payable but the rates vary by state. Many states charge a nominal or concessional stamp duty for relinquishment deeds among family members, especially when it is without consideration. Check your state's stamp duty schedule.

Can a relinquishment deed be revoked?

Once registered, a relinquishment deed is generally irrevocable. It can only be challenged in court on grounds of fraud, coercion, undue influence, or misrepresentation. A voluntary and informed relinquishment cannot be taken back.

Legal Disclaimer

This format is provided for informational and educational purposes only. It does not constitute legal advice. The format may need to be adapted based on specific circumstances, applicable laws, and jurisdictional requirements. Always consult a qualified advocate or legal professional before filing any legal document. For more details, see our Disclaimer.

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