ASSIGNMENT 25:

RELINQUISHMENT
DEED
NAME: MOHD OVES AHMAD
ROLL NO: 34
CLASS: SEM VIII REGULAR
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INTRODUCTION

A relinquishment deed is a legal document used by a co-owner to renounce or transfer his/her

legal rights in the property. However, here, the recipient can only be a family member or the co-
owner of the property. In case the relinquishment is made in favor of the third party, then it
would be treated as a gift. Moreover, the recipient should be willing to accept the ownership
right. In case of non-acceptance of the transfer, the relinquishment deed would be null and void.
When an individual dies intestate, i.e. without leaving a will or testamentary will), the property
of that individual is inherited by his/her legal heir. Then it’s up to the heirs as what they want to
do with the said property. If the heir’s concluded separation of property, then anyone of the co-
owner does not wish to keep the property can relinquish his share in favor of the other owner.
“Relinquishment of Property” is the process of transferring ownership over the property from
one heir to another.

Relinquishment is surrendering inherited or parental rights for another “legal heir”/ “another
collateral” in the same property. In simple terms, relinquishment is a family arrangement where
one legal heir surrenders his share in the property with or without monetary consideration for
another legal heir. The relinquishment deed cannot be executed for another person who is not a
legal heir.

“Relinquishment of Property” is executed through a “Relinquishment deed” which is a legal

document/instrument by which a legal heir releases his legal rights in an inherited parental
property and transfers it to another legal heir.

This instrument has the effect of reducing the number of share owners in a property and thus
resulting in larger share for the existing heirs. A relinquishment deed needs to be distinguished
from a gift deed where the shares of a particular owner is gifted to any other person who may be
a legal heir in that property or not. A relinquishment deed needs to be registered compulsorily
and it has very less registration charges compared to a gift deed which requires high stamp duty,
though there is no consideration involved in both documents.
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The relinquishment of property can only be done by someone who is the legal heir of the
property. In case there are more than one heirs of a property, either of the two co-owners can do
relinquishment1.The relinquishment of property can only be done in the name of a person who is
the co-owner of the property. Relinquishment of property cannot be made in favour of a person
other than the co-owner. In case relinquishment is made in favour of a person who is not a legal
heir of the property, the transaction shall be treated as a gift. Relinquishment of property needs to
be done through a written document called Relinquishment Deed which must be signed by all the
parties and at least two witnesses.

Since a relinquishment deed is a legal document or instrument which formalizes the process of
releasing a legal heir's right in an inherited property for another legal heir such as his sister,
brother, daughter, son or mother, it must be registered and executed in line with Section 17 of the
Registration Act, 1908.

Relinquishment deeds are legal documents by which a person can give up on his or her legal
rights over a property to someone else with their consent. On the other hand, a deed of release,
also known as a deed of reconveyance is a legal document used to renounce one's claims against
a specified property.

1
Section 44 of the Transfer of Property Act, 1872 deals with the relinquishment of an immovable property when the
owners of the property in question are more than one or simply co-owners.
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RELINQUISHMENT DEED

This Deed of Relinquishment is made on this 1th Day of February, 2015 by Mr. Kharak Singh
S/O Mr. Sunder Singh residing at, aged about 50 years, hereinafter called the RELEASOR.

AND

Mr. Prem Rathor, son of Mr. Vibhush Rathor, and residing at 34 Chintan Colony, Mayur Vihar
New Delhi-110034, aged about 60 years, hereinafter called the RELEASEE.

WHEREAS THE RELEASOR is the legal heir of the deceased Late Mr. Kharak Singh residing
at 145, Sarita Vihar, New Delhi-110056, who died intestate. The RELEASOR and the
RELEASEE are grandsons of Late Mr. Kharak Singh and the fathers of them both the
RELEASOR and the RELEASEE have passed and the property concerned that is a flat would
divulge ultimately upon the RELEASOR and the RELEASEE.

AND WHEREAS the RELEASOR is willing to relinquish his part of the share in favour of the
RELEASEE as regards the C-478 New Bagh, Mayur Vihar, New Delhi-110056.

AND WHEREAS the said Late Mr. Kharak Singh residing at C-478 New Bagh, Mayur Vihar,
New Delhi-110056, has left behind him a property i.e. C-478 New Bagh, Mayur Vihar, New
Delhi-110056 measuring about 950 sq. ft. consisting of three rooms at New Delhi-1100987.

AND WHEREAS during the lifetime of Late Mr. Kharak Singh he had expressed his desire to
bequeath the said flat to the RELEASEE.

AND WHEREAS the RELEASOR was also aware of the same and as such for transmitting
share and interest in the said C-478 New Bagh, Mayur Vihar, New Delhi-110056, in favour of
the RELEASEE and RELEASOR has shown his readiness and willingness to execute necessary
documents by relinquishing his share and interest as a legal heir in the said property.

AND WHEREAS the RELEASEE in order to become exclusive owner of the premises, the
RELEASOR relinquishes and ceases to have any right, title or interest therein.

AND WHEREAS it is necessary to bring this fact on record.

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NOW, THIS DEED IS WITNESSETH AS FOLLOWS:

1. The RELEASOR has released and relinquished in favor of the RELEASEE all their
rights, titles an interest in the said C-478 New Bagh, Mayur Vihar, New Delhi-110056
and to hold the same as the absolute owner along with all furniture and fixture standing
thereon. And the RELEASOR do hereby declare that the said premise and has been the
exclusive property of the RELEASEE with effect from 5th Day of May, 2010.

2. That the RELEASOR does hereby declare that the RELEASEE is entitled to have his
name incorporated as the owner of the said flat in the records of the society by
transferring share, title and interest in his name. And the RELEASOR will do every such
assurance or thing for further or more perfectly assuring the property released to the
RELEASEE as may be reasonably required.

IN WITNESS WHEREOF the parties hereto have executed this instrument on the 1 th Day of
February, 2015 hereinabove mentioned

Witness no.1 RELEASOR

Mr. Faiz Ahmad

Witness No. 2 RELEASOR

Mr. Chinmayi Singh