A guide to relinquishment deeds

 Relinquishment deeds: what are they?

Relinquishment deeds can be used to give up ownership of Hindu joint properties by co-owners who wish to relinquish their rights. Upon relinquishment, the co-owners legally transfer their share of the property to the new owner through the creation and registration of a relinquishment deed.

Use of renouncing deeds

Relinquishment deeds are generally created when a property owner dies intestate, i.e. without a will, and the legal heirs decide to give up ownership rights to another owner.

As an example, let's look at:

After the death of their father who did not leave a will, three sons inherit a large estate in their hometown. It is difficult for two of the three sons to manage the estate in their hometown since they work in different cities. The third brother, who lives close to the ancestral property, might decide to take over their rights in this situation. In the case where the brothers opt not to bother with consideration, let's say they agree to relinquish their right to the property without giving it any thought. Formalising the process would require the drafting and registration of a deed of relinquishment. To make the transfer legally valid, a similar deed would be created even if the two brothers took money for it.

For a relinquishment deed to be successful, one must understand the legalities involved.

What is the creation date of a relinquishment deed?

Various legal instruments can be used to transfer a property owner's interest, such as a sale, gift, or will. How is a relinquishment deed different from other types of property transfers and when is it necessary?

Relinquishment deeds can be used to transfer ownership of inherited properties. If your father dies interstate, you may inherit his self-acquired property and all his ancestral properties, to which you are entitled by birth under Hindu law.

Relinquishment deeds can be created by whom?

Property shares can only be relinquished by co-owners. Their share can also be relinquished to another co-owner only.

Is it necessary to register a relinquishment deed?

An instrument that creates or transfers rights with respect to immovable property must be registered under Section 17 (1) b of the Registration Act, 1908. To give a relinquishment deed legal validity, it must be registered. Disputes in courts of law require unregistered documents, as prescribed under Section 17, to be inadmissible if they are not registered. In another case, Telugu Kishna Mohan and Another vs Boggula Padmavathi and Others, the same was stated.

Registration of relinquishment deeds is required for legal validity: Gujarat High Court

Under the Registration Act, a document that relinquishes the right on a property must be registered by the Gujarat High Court on July 7, 2021. It is not possible to regard a document as a relinquishment deed unless it has been registered, the HC ruled. A petition was filed by Roshanben Deraiya and her sister Hasinaben Deraiya to relinquish their rights to agricultural land owned by their father Hajibhai Deraiya in Shihor village in Bhavnagar. According to the HC's order, one of the sisters had relinquished her rights to a piece of land owned by their father in August 2010. In 2016, Roshanben challenged the distribution of her father's property to her three brothers after his death in October 2010.

It was held by the HC, which set aside the orders issued by the deputy collector, collector, and special secretary of revenue department (appeals), that the consent affidavit submitted by the petitioner does not constitute a relinquishment deed and therefore the right of the petitioner cannot be deemed to have been revoked on the basis of this document.

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