What is Relinquishment Deed
The word relinquish is derived from the Latin word ‘relinquere’ which literally translates into leaving behind, abandoning, or forsaking something. A Relinquishment Deed thus is a legal document which is written by an individual who wishes to legally and formally release his/her legal right and power over a particular property. This way the concerned property is relinquished by the individual who prepares such a relinquishment deed in the name of some other person/persons. This is one of the legally accepted ways of transferring rights over an immovable property from one individual to other individuals.
Relinquishment Deed Format
Any legal document has a stipulated format and language which needs to be adhered to in order to maintain the sanctity and legality of the document. A Relinquishment Deed Format too is a legal document and thus has stipulated format. An example format of a relinquishment Deed is presented below.

Relinquishment Deed in Joint Property Format
A joint property where more than one owner co-owns a single property can also have a situation where one of the owners of this joint property wishes to leave his/her legal rights over the property. In such a scenario, the owner who wishes to leave his/her rights can relinquish the property by a registered Relinquishment Deed. The co-owner thus transfers his/her rights over the jointly owned property through this relinquishment deed. This deed ensures a smooth transfer. In case such properties have been inherited from ancestors or parents and/or jointly owned by more than one owner, the owner/s who is relinquishing their stake is mandated to sign the deed for clarity and legal validation.
Such a relinquishment deed format once made is irrevocable unlike any other agreement even when the owner who is relinquishing his/her ownership in the said property without being compensated. The relinquishment deed is a legal document involving the transfer of an immovable property and thus needs to be signed by both the parties (the party which relinquishes his/her legal right and the party upon whom such property rights are relinquished), stamped and duly registered in order to give a legal validity to the document. However, the stamp duty will only be charged for the portion of the property being relinquished rather than on the entire property value. Since the term Relinquishment finds a legal stand under Section 17 of the Registration Act, 1908, such a relinquishment deed needs to be registered compulsorily at the office the sub-registrar of the jurisdiction where such property exists. Unregistered relinquishment deeds do not have legal validity and thus cannot be presented as legal proof of relinquishment.
A relinquishment deed can only be made in the name of co-owner of a property. It cannot be relinquished in the name of a non-co-owner. Any transfer of property in the name of a non-co-owner would be treated as a gift and thus would require a gift deed than a relinquishment deed. The act of relinquishment is merely an act of transfer of rights and not a gift. Therefore relinquishment does not have any benefit as far as taxation is concerned.
Validity Of Relinquishment Deed
Since Relinquishments Deed is a legal document which transfers the legal rights of one of the co-owner of the property upon other co-owner/s, some of the important elements of a Relinquishment Deed would obviously include the promise to transfer such legal rights upon the property from one co-owner to other co-owner/s. such transfer of rights should be legally valid and legally registered in order to prove its legal validity. The Relinquishment Deed should further clearly specify the portion of the property which is being relinquished and the stamp duty while registering the relinquishment deed would be calculated on this basis alone. The deed should also be fortified by two witnesses who need to sign such a document to state that the act of relinquishment has happened in their presence. A relinquishment deed should mandatorily be registered with the Sub Registrar office in the jurisdiction in which the said property is located.
Cost Of Relinquishment Deed
Every State and Union Territory in India have their own mandated rates of executing a legal deed. Similarly, the cost of a Relinquishment Deed would differ from state to state. However, it is important that when such relinquishment deed is being registered, the parties need to pay the necessary stamp duty as prescribed by the individual states calculated on the value of the part of the property being relinquished only.
Related Questions
Q: Can residential/commercial property be mortgaged by NRI?
A: The sale proceeds of immovable property acquired by way of gift should be credited to NRO account only. From the balance in the NRO account, NRI/PIO may remit up to USD one million, per financial...
- 502 Days ago
- Property In India - Business and Finance
- See Answer
Q: How can an NRI make payment for the purchase of residential property in India?
A: Payment can be made by NRI / PIO out of : Funds remitted to India through normal banking channels or Funds held in NRE / FCNR (B) / NRO account maintained in India No payment can be made...
- 502 Days ago
- Buying Property in.. - Business and Finance
- See Answer
Q: Is repatriation of the application money for booking of flat/ payment made to the builder by NRI allowed when the flat is not allowed or the booking contract is canceled?
A: The Authorised Dealers can allow NRIs / PIOs to credit refund of application/ earnest money/ purchase consideration made by the house building agencies/ seller on account of non-allotment of flat/...
- 502 Days ago
- Property In India - Business and Finance
- See Answer
Q: If the rupee loan was taken by the NRI from an authorized dealer for the purchase of a residential property can an NRI repatriate the sale proceeds of such property?
A: Yes, Authorised Dealers have been authorised to allow repatriation of sale proceeds of residential accommodation purchased by NRIs/ PIOs out of funds raised by them by way of loans from the...
- 502 Days ago
- NRI Loans - Business and Finance
- See Answer
Q: Can OCI holders open PPF account in India?
A: OCI holders who are living in India are considered to be residents in India. Their status is no longer that of a Non-Resident (NRI). Therefore they can open PPF account in India. While we are on...
- 1083 Days ago
- NRI Banking - Business and Finance
- See Answer
Q: What are the step by step instructions to replace lost OCI card?
A: Before a lost OCI card can be replaced, Applicants should file a police report. To apply for a replacement OCI Card, applicants will have to provide a copy of the complaint filed with the police....
- 1014 Days ago
- Others - Business and Finance
- See Answer
Q: Can i repatriate funds in the NRI account?
A: The principal as well as the interest of the funds in an NRI account can be repatriated only if a person holds either an NRE account or an FCNR account. In case of an NRO account, only interest...
- 950 Days ago
- NRI Banking - Business and Finance
- See Answer
Q: Are there any prohibitions on the purpose for which loans cannot be taken?
A: The loans cannot be utilized for the purpose of re-lending or for carrying on agriculture or plantation activities or for investment in real estate business.
- 888 Days ago
- NRI Loans - Business and Finance
- See Answer
Ask
News
Indian-origin Pritam Singh formally takes charge as first Leader of the Opposition in Singapore - Economic Times
Indian-origin Pritam Singh formally takes charge as first Leader of the Opposition in Singapore - Economic Times
US embassies in India to accept applications for certain visa categories, including H-1B renewals - Economic Times
Ex-husband, son charged with murder of Indian-origin woman in UK - https://timesofindia.indiatimes.com/nri
India's young white-collar workers are front-row in the firing line - Economic Times