Relinquishment Deed

Relinquishment deeds: a guide What are relinquishment deeds?

When co-owners wish to relinquish their rights to Hindu joint properties, they can use relinquishment deeds. Co-owners relinquish their share of the property through the creation and registration of a relinquishment deed upon relinquishment.

Renunciation of deeds The legal heirs of a deceased property owner usually require a relinquishment deed when he or she dies intestate, without a will.

Here are some examples: Three sons inherit a large estate in their hometown after their father died without leaving a will. Two of the three sons work in different cities and cannot manage the estate in their hometown. When it comes to inheriting ancestral property, the third brother could decide to take it over. Imagine that the brothers don't even bother to consider the property before renouncing their right to it. A deed of relinquishment would be required to formalize the process. Even if the two brothers took money for the transfer, a similar deed would be created.

It is important to understand the legalities involved in relinquishment deeds in order to be successful.

When was a relinquishment deed created?

Property owners can transfer their interests through various legal instruments, including sale, gift, and will. Describe the difference between a relinquishment deed and other types of property transfers. When will it be necessary to use one?

It is possible to transfer ownership of inherited properties through relinquishment deeds. In Hindu law, you are entitled by birth to inherit your father's self-acquired property and all his ancestral properties if he dies interstate.

What is the process for creating relinquishment deeds?

Only co-owners can relinquish property shares. It is also possible for them to relinquish their share to another co-owner only.

What is the purpose of registering a relinquishment deed?

Under Section 17 (1) b of the Registration Act, 1908, all instruments creating or transferring rights over immovable property must be registered. Relinquishment deeds must be registered in order to be legally valid. Under Section 17 of the Code of Civil Procedure, unregistered documents are inadmissible in courtroom disputes. Similar findings were made in Telugu Kishna Mohan and Another vs Boggula Padmavathi and Others.

A relinquishment deed must be registered to be valid: Gujarat High Court Gujarat High Court must register documents relinquishing property rights by July 7, 2021, as required by the Registration Act. The High Court ruled that documents cannot be considered relinquishment deeds until they have been registered. Their father Hajibhai Deraiya owned agricultural land in Shihor village in Bhavnagar that Roshanben Deraiya and Hasinaben Deraiya wished to relinquish. As per the HC's ruling, one of the sisters surrendered her rights to family property owned by their father in August 2010. Her father died in October 2010 and she challenged the distribution of his property to her three brothers in 2016.

The court ruled that the consent affidavit submitted by the petitioner does not constitute a relinquishment deed, so it cannot be viewed as revocation of the petitioner's right in accordance with this document, which set aside the orders issued by the deputy collector, collector, and special secretary of revenue (appeals).