Relinquishment deed

A relinquishment deed (also called a release deed) is used when one co-owner of a property gives up their share so that the remaining co-owners hold it. It is common after a death, when one sibling releases their inherited share in favour of the others or of the surviving parent.

The law behind it

Giving up a share extinguishes a right in immovable property, so the deed must be registered under Section 17 of the Registration Act, 1908, and stamp duty is payable under the State's stamp law. Many States charge a lower rate when the release is in favour of close family members.

Release, gift or sale

• A release works only in favour of the other co-owners of the same property.
• To pass your share to someone who is not a co-owner, you need a gift deed or a sale deed.
• A release can be with or without payment; say which in the deed.

• Show how the property came to be jointly owned (for example, by inheritance).
• Name the share being given up and who receives it.
• After registration, apply for mutation.

Draft a relinquishment deed, and read relinquishment deed: giving up a share in family property.