Release Deed and Relinquishment Deed in India
Guide to Release Deed and Relinquishment Deed in India - when to use, difference between them, drafting, registration, stamp duty, and legal requirements.
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Release Deed and Relinquishment Deed in India
Release Deed and Relinquishment Deed are legal instruments used when a co-owner gives up their share in a property. Understanding these documents helps in smooth property transfers within families and among co-owners.
What Is a Release Deed?
Definition
Release Deed:
A legal document where:
- A co-owner gives up their share
- In favor of other co-owner(s)
- May be with or without consideration
- Ends person's interest in property
Purpose
Used For:
- Consolidating ownership
- Family property arrangements
- Simplifying title
- Gift within co-owners
- Consideration-based transfer
Key Feature
Essential Element:
- Pre-existing interest
- Person already has share
- Gives up that share
- To existing co-owners only
What Is a Relinquishment Deed?
Definition
Relinquishment Deed:
A legal document where:
- An heir gives up inheritance rights
- In favor of other heirs
- Typically for inherited property
- Without consideration usually
Purpose
Used For:
- Family succession planning
- When heir doesn't want share
- In favor of siblings/parents
- Inherited property distribution
Key Feature
Essential Element:
- Relates to inherited property
- Among legal heirs
- Giving up succession rights
- To other heirs
Release vs. Relinquishment
Key Differences
Release Deed:
- Any co-owned property
- May have consideration
- Among any co-owners
- Can be for purchased property
Relinquishment Deed:
- Specifically inherited property
- Usually without consideration
- Among legal heirs only
- Succession-related
When to Use Which
Use Release Deed:
- Co-owned (not inherited) property
- When consideration involved
- Between joint purchasers
- Any co-ownership situation
Use Relinquishment Deed:
- Inherited property specifically
- Among heirs
- Without payment
- Succession context
Legal Requirements
Who Can Execute
Releasor Must Be:
- Adult of sound mind
- Co-owner of property
- Having existing interest
- Acting voluntarily
In Whose Favor
Releasee Must Be:
- Existing co-owner
- NOT a third party
- Having interest in same property
Important:
If to third party = Sale/Gift
Not release/relinquishment
Consideration
Options:
1. Without Consideration:
- Gift of share
- Family arrangement
- Natural love and affection
2. With Consideration:
- Payment for share
- Equal to market value
- Documented properly
Drafting the Deed
Essential Clauses
Must Include:
□ Parties' details
□ Property description
□ Original ownership details
□ Share being released
□ In whose favor
□ Consideration (if any)
□ Statement of release
□ No future claim clause
□ Possession transfer
□ Witnesses
□ Date and place
Sample Release Deed Structure
RELEASE DEED
This Deed of Release made on [Date]
BETWEEN:
RELEASOR: [Name], S/o [Father], aged [X],
residing at [Address], hereinafter called
"RELEASOR" (which expression shall include
their heirs, executors, administrators)
AND
RELEASEE: [Name], S/o [Father], aged [X],
residing at [Address], hereinafter called
"RELEASEE" (which expression shall include
their heirs, executors, administrators)
WHEREAS:
1. The Releasor and Releasee are joint
owners of the property described in
the Schedule below.
2. The Releasor has [X]% share and the
Releasee has [Y]% share in the said
property.
3. The Releasor wishes to release their
share in favor of the Releasee for
[natural love and affection/a
consideration of ₹_____].
NOW THIS DEED WITNESSES AS FOLLOWS:
1. In consideration of [natural love and
affection/₹_____ (rupees _____ only)],
the Releasor hereby releases and
relinquishes all their right, title,
and interest in the property described
in the Schedule below, in favor of
the Releasee.
2. The Releasor hereby transfers possession
of their share to the Releasee.
3. The Releasor declares that they shall
have no claim, right, or interest in
the said property hereafter.
4. The Releasee shall henceforth be the
absolute owner of the entire property.
5. [Additional terms if any]
SCHEDULE:
[Detailed property description]
- Survey/Plot Number:
- Area:
- Boundaries:
- North:
- South:
- East:
- West:
- Address:
- Previous deed details:
IN WITNESS WHEREOF the parties have signed
this deed on the date first mentioned above.
RELEASOR: _____________ (Signature)
Name:
RELEASEE: _____________ (Signature)
Name:
WITNESSES:
1. _____________ (Signature)
Name:
Address:
2. _____________ (Signature)
Name:
Address:
Relinquishment Deed Format
RELINQUISHMENT DEED
This Deed of Relinquishment made on [Date]
BETWEEN:
[Name], S/o Late [Father], aged [X],
residing at [Address], hereinafter called
"RELINQUISHER/RELEASOR"
AND
[Name], S/o Late [Father], aged [X],
residing at [Address], hereinafter called
"RELEASEE"
[Both being legal heirs of Late [Name] who
expired on [Date]]
WHEREAS:
1. Late [Name] expired on [Date] leaving
behind the following legal heirs:
a) [Name] - [Relation]
b) [Name] - [Relation]
c) [Name] - [Relation]
2. The deceased left behind the property
described in the Schedule below.
3. The Relinquisher, out of natural love
and affection, wishes to relinquish
their share in favor of the Releasee.
NOW THIS DEED WITNESSES AS FOLLOWS:
1. The Relinquisher hereby relinquishes
all their right, title, and interest
in the property described in the
Schedule, in favor of the Releasee.
2. [Continue as in Release Deed]
SCHEDULE:
[Property description]
[Signatures and Witnesses as above]
Registration
Mandatory Registration
Legal Requirement:
- Must be registered
- Under Registration Act
- At Sub-Registrar office
- Where property is located
Documents Required
For Registration:
□ Draft deed (signed)
□ Original title documents
□ Proof of co-ownership
□ ID proof of all parties
□ Address proof
□ Photos of parties
□ Property tax receipts
□ Encumbrance certificate
□ Death certificate (if inheritance)
□ Legal heir certificate (if applicable)
Registration Process
Steps:
1. Draft deed prepared
2. Stamp duty paid
3. Book appointment at SRO
4. All parties present
5. Documents verified
6. Biometrics captured
7. Signed before Sub-Registrar
8. Registered deed returned
Stamp Duty
General Rules
Varies By:
- State
- With/without consideration
- Relationship of parties
- Type of property
Without Consideration
Gift Stamp Duty:
- Often lower rates
- Family exemptions possible
- May be 1-5% of value
- State-specific
With Consideration
Sale Stamp Duty:
- Higher rates apply
- 5-8% typically
- Same as conveyance
- On consideration amount
State Examples
Approximate Rates:
Maharashtra:
- 3% for family
- Higher for others
Karnataka:
- 5% generally
- Concessions available
Delhi:
- 4% for women
- 6% for men
- Family concessions
Check current rates locally
Tax Implications
For Releasor (Person Giving Up)
Without Consideration:
- No capital gains
- Gift provisions may apply
- Section 56 not applicable
if to relative
With Consideration:
- Capital gains applicable
- Cost of acquisition
- Indexation benefits
- Long-term/short-term
For Releasee (Person Receiving)
Without Consideration:
- From relative: Not taxable
- From non-relative: May be taxable
- Section 56 gift tax provisions
With Consideration:
- Cost = Consideration paid
- For future capital gains
Definition of Relative
Under Section 56:
- Spouse
- Brother or sister
- Brother or sister of spouse
- Brother or sister of parents
- Lineal ascendant or descendant
- Lineal ascendant or descendant of spouse
- Spouse of above
Common Scenarios
Among Siblings
Scenario:
Father dies, 3 children inherit
One sibling wants to release share
Process:
- Relinquishment deed
- In favor of other 2 siblings
- No consideration
- Natural love and affection
- Lower stamp duty
Spouse Releasing to Spouse
Scenario:
Joint property between husband-wife
One wants to release to other
Process:
- Release deed
- With or without consideration
- No gift tax (relatives)
- Registration required
Releasing to Consolidate
Scenario:
Co-owners want one person to own entirely
Process:
- All others release
- To one person
- May have consideration
- Or family arrangement
Difference from Other Deeds
vs. Sale Deed
Sale Deed:
- Transfer to anyone
- Consideration required
- Creates new ownership
Release Deed:
- Only to co-owner
- May be without consideration
- Gives up existing interest
vs. Gift Deed
Gift Deed:
- Transfer of ownership
- To anyone
- Creates new interest
Release Deed:
- Giving up share
- Only to co-owner
- Releases existing interest
vs. Partition Deed
Partition Deed:
- All parties get share
- Division of property
- Everyone gets portion
Release Deed:
- One gives up
- Others receive
- No division
Special Situations
Minor’s Interest
If Minor is Releasor:
- Natural guardian can act
- Court permission may be needed
- Must be for minor's benefit
- Extra scrutiny required
NRI Releasing
If Releasor is NRI:
- Can execute through POA
- Embassy attestation
- FEMA compliance
- Repatriation rules
Partial Release
Possible:
- Release part of share
- To one or more co-owners
- Retain remaining share
- Document clearly
After Execution
Record Updates
Must Do:
□ Mutation in records
□ Property tax update
□ Society/apartment records
□ Utility connections
□ Bank records (if applicable)
Future Transactions
Releasee Can Now:
- Deal with full property
- Sell, mortgage, gift
- Without releasor's consent
- Clear title established
Common Mistakes
Errors to Avoid:
1. Releasing to non-co-owner
2. Inadequate property description
3. Not registering
4. Wrong stamp duty
5. Missing witnesses
6. Not updating records
7. Tax planning ignored
8. Missing heir's consent
Checklist
Before Execution:
□ Verify co-ownership
□ All parties agree
□ Consideration decided
□ Tax implications understood
□ Stamp duty calculated
□ Documents gathered
During Process:
□ Deed drafted properly
□ All parties sign
□ Witnesses present
□ Stamp duty paid
□ Registration done
After Execution:
□ Registered deed received
□ Mutation applied
□ Records updated
□ Copies distributed
□ Original stored safely
Conclusion
Release and Relinquishment Deeds are useful tools for transferring property interests among co-owners and legal heirs. Proper execution ensures clear title and prevents future disputes.
Key Takeaways:
- Only to co-owner—cannot release to third party
- Registration mandatory—unregistered deed is invalid
- Stamp duty varies—check state rates
- Tax planning—understand implications
- Document consideration—if any payment involved
- Update records—mutation after registration
- Relative definition—matters for tax
- Professional help—for complex situations
When to Use:
- Consolidating family property
- Giving up inherited share
- Simplifying ownership
- Family arrangements
This is general guidance. Property and tax laws vary by state. Consult a property lawyer for specific situations.