Registration of Relinquishment Deed in Delhi
Relinquishment deed is a legal document whereunder a person gives up or releases his legal rights in a property in favor of some other person. The term ‘Relinquishment’ refers to the abandoning and surrender of the rights, title and interest, by one co-owner of a property in favour of other co-owners. The consequence of Relinquishment of one co-owner’s share in a property is the enlargement of the shares of the other co-owners.
A Relinquishment Deed or a release deed is generally used when a person dies without leaving behind a will and all his Class-I legal heirs inherit his property as per the provisions of the Hindu Succession Act, 1956. In such a case, relinquishment deed is used for transferring the shares of the legal heirs in favour of one of them and then getting the Mutation done in favour of the legal heir in the records of MCD, DDA or L&DO.
- A Release or a relinquishment deed is irrevocable even if it is made without any consideration. For a valid Relinquishment, the property in question must be owned by more than one person.
- Relinquishment of property cannot be made in favour of a person other than a co-owner. If a Relinquishment is made in favour of a person who is not a co-owner, the transaction shall be treated as a sale/gift.
- Moreover, if a co-owner Relinquishment his share in favour of one or more specific co-owner/s, to the exclusion of the other co-owners, it is not considered to be valid relinquishment. Instead, it will be treated as a gift/sale of the co-owner’s share in the property.
- Relinquishment of right in immovable property also needs to be done only through a written document called Relinquishment Deed which must be signed by all the parties and witnessed by two witnesses.
- A release of rights in immovable property should be by a written deed and registered. The registration takes place in the office of the Sub Registrar within whose jurisdiction the property is situated.
- The supreme court has held that a relinquishment may be made for consideration or even without consideration .
- Relinquishment deed is one of the documents which fall under Section 17 of the Registration Act, 1908 and hence it is compulsory to get it registered at the concerned sub registrar office.
- In Telugu Kishna Mohan and Another vs. Smt.Boggula Padmavathi and Others, it has been held that an unregistered relinquishment deed is not admissible in evidence for want of registration under Section 17 of the Indian Registration Act.
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