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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

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:

  1. Only to co-owner—cannot release to third party
  2. Registration mandatory—unregistered deed is invalid
  3. Stamp duty varies—check state rates
  4. Tax planning—understand implications
  5. Document consideration—if any payment involved
  6. Update records—mutation after registration
  7. Relative definition—matters for tax
  8. 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.