Legal means


There may be times when a legal heir would want to give up his/ her own legal rights to some other legal heir, such as brother, sister, etc. then a legal document which demonstrates this is known as the Relinquishment deed. This term “Relinquishment” means one co-owner of property abandons and surrenders the rights, title and interest for the other co-owners. 

The consequences of the Relinquishment of one of the co-owners share in the property are nothing but the amplification of the shares of the other co-owners.


Essentials Elements of Relinquishment Deed

The following, which have been mentioned below, are the essentials for a Relinquishment Deed. 


Legal document: This Relinquishment deed is a legal document which means that with the help of this legal document, an heir can transfer or release his/her legal rights of the inherited property.


Consequences: The release of the share is the effect of such transfer of rights, which is given by one co-owner to another co-owner and are not given by the actual owner.


Irrevocable: The relinquishment deed is irrevocable, even if it has been made without any consideration. In order to have a valid relinquishment, the property has to be owned by more than one person.


Relinquishment cannot be done in favour of a 3rd person: No other person is allowed to interfere in the Relinquishment of the property other than a co-owner. Otherwise, the Relinquishment would be treated as a gift if it is made in favour of the third party.


Must be in writing: The Relinquishment of the rights of immovable property has to be done only in a written document. This is called the relinquishment deed. This has to be duly signed by all the parties and has to be under a min of 2 witnesses.


Must be registered: The Relinquishment Deed falls under Section 17 of the Registration Act, 1908. If there are any immovable property rights, they have to be registered in the office of the sub-registrar.


Consideration: There is no need for consideration for the Relinquishment deed.


Easy pROCess: Filing the relinquishment deed is a cheap and easy pROCess which doesn’t require many days for the registration pROCedure.

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FAQ - Frequently asked questions

Is the Relinquishment Deed a legal document?

The Relinquishment deed is a legal document that allows a legal heir to transfer or release his/her legal right of inherited property to another legal heir.

What are the consequences of a Relinquishment Deed?

The effects are the release of shares of one co-owner and the increase of shares for other co-owners.

Is consideration essential in a Relinquishment Deed?

A relinquishment deed can exist with or without consideration.

Is it compulsory to register the Relinquishment Deed?

Relinquishment deed falls under Section 17 of the Registration Act, 1908 and hence, a release of rights in the immovable property must be registered. The Relinquishment Deed falls under Section 17 of the Registration Act, 1908 and hence, the relinquishment of rights must be registered.

Who can relinquish a property?

The relinquishment of property can only be done by someone who has a share in the property. In case there is more than one owner in a property, either of the co-owners can do relinquishment. For a valid relinquishment, the essentials of a valid contract are to be followed other than the compensation.

Under whose name is a property relinquished?

The relinquishment of property can only be done in the name of a person who is co-owner of the property. The relinquishment cannot be executed in the name of a third person other than an existing co-owner. Hence, a valid relinquishment involves the release of rights by a legal heir.

Can a property be relinquished in favour of a minor?

A property can be transferred to a minor but will be governed by the Indian Contract Act, 1872.

Is it possible to register a relinquishment deed to register in a person’s private residence?

Under Section 31 of the registration act, a provision authorizes the registering officer, on the show of special cause (for instance if the person is physically handicapped), to attend at the residence of any person desiring to present a Relinquishment Deed for registration and accept for registration such a deed, provided registering officer is satisfied that the particular cause that is shown is sufficient.

What are the witnesses and other processes to register a Relinquishment Deed?

Signatures of two witnesses will be required to get a deed registered. Other documents such as passport size photos, identity proof (driving license, Adhar card, etc.) of the witnesses is required.

Are gift and relinquishment deeds one and the same?

Gift and relinquishment are different kinds of transfer of property.

What are the differences between Gift and Relinquishment Deed?

A Relinquishment Deed enables one person to release or transfers his/her legal right to the property. Whereas, a Gift Deed enables one person to gift his/her legal rights in a property to any person. In a relinquishment deed, the property relinquished is always an inherited property whereas the property gifted need not always be an inherited property. The person in whose favour the property is relinquished must be the co-owner of the property. whereas the person in whose favour the property is gifted can be anyone.