Relinquishment Deed

When a person dies without making his will that the property of that person automatically inherited by his legal heir. Then it is up to the heirs what they want to do with the property. If the heir wants to separate the property then any of the legal heir’ who is not willing to keep the property can relinquish his share can give to the other heir. The process of transferring the property of the deceased person by the legal heir to another person freewill as “relinquishment of property.

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Meaning of Relinquishment Deed

A relinquishment deed is a legal document that regulates the process to execute a legal heir’s right in an inherited property for another legal heir like a sister, brother, mother, daughter, and son. It means to surrender your rights or interest by one owner to another owner favors for that inherited property.

What includes in a Relinquishment Deed

  1. Title: relinquishment deed must-have introduction with a date of creation.
  2. Stating the executants: when drafting a relinquishment deed there is an executant is who makes the deed of relinquishment, the direct legal heir of an inherited property with complete details full name, address, spouse name should be mention
  3. Description of the property: A relinquishment deed must state a full description of the property and the absolute owner of the inherited property. The full description of the property includes registration details, sub-registrar office details, like book number, volume, and office details.
  4. Legal heir: details of the legal heir who is entitled to that inherited property must be mention in the respective document along with detail name, address, age, and the relation with the deceased should be specified.
  5. Purpose: the objective of the relinquishment deed must be mention in the document because sharing the inherited property is much convenient when a will made to avoid dispute for the share in that property, so the actual reason should be mention.
  6. Share details: the percentage of share of every legal heir should state clearly to avoid further dispute and should point.
  7. Signature: the relinquishment deed must sign by all the parties involved in it within a minimum of two witnesses should be there at the sub-registrar office where the land is located.

How to apply

Registration of Relinquishment Deed

As per section 17 of the registration act, 1908, the relinquishment deed is a legal document that regulates the process to execute a legal heir’s right in an inherited property for another legal heir like a sister, brother, mother, daughter, and son. It means to surrender your rights or interest by one owner to another owner favors for that inherited property.

The procedure to register the relinquishment deed:

  1. The relinquishment deed prepared by a legal expert
  2. For execution, stamp paper purchased
  3. To visit on a fixed date at the sub-registrar office date 
  4. The government registrar fee to pay
  5. Along with parties, two witnesses must be there sub-registrar office on the fixed date.
  6. After a week the deed should be collected.

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