It is necessary to execute a relinquishment deed before a legal heir can inherit parental property. This legal document gives up a legal heir's rights to inheritance in favor of another heir. When a person dies intestate, their rights of ownership are relinquished, and their shares are transferred to another legal heir or co-owner of the same property when they die intestate. There are two ways to transfer a relinquishment deed: for consideration or without consideration. The parties involved must be co-owners of the property in order for the transfer to be a release or relinquishment.
Why should you use a Relinquishment Deed (Benefits)
- Jointly owned property can be seamlessly transferred through a relinquishment deed.
- When a person dies without leaving a will (or intestate), a relinquishment deed aids in transferring property.
- When a legal heir relinquishes property to another legal heir, the property is called a relinquishment deed.
The Relinquishment Deed Checklist (Checklist)
Legal Document: An heir-relief document is considered a legally binding document that transfers property rights from one heir to a subsequent heir.
Registered Document: The document needs to be registered in accordance with section 17 of the 1908 registration act, in order to qualify as a valid document.
A Written Document: All parties must sign the document in front of two witnesses.
Co-owners: A co-ownership agreement can only be used among co-owners, not with a third party.
Please let us know how we can help with the drafting of your relinquishment deed
- A legal representative from Vakilsearch prepares the relinquishment deed
- In order to be valid, the deed is registered under section 17 of the 1908 registration act.
- The registration process involves the purchase of stamp paper.
- In order to schedule the registration process, Vakilsearch's legal representative will coordinate with the Sub-Registrar's office. It is also necessary to pay the registration fee.
- In addition to two witnesses, the parties involved in the relinquishment process arrive at the Sub-Registrar's office to sign the deed.
The required documents to create a relinquishment deed are listed below.
- A Release Deed must contain the following details
- Information about the Releasor: Name, Age, Address
- Name of the Releasee, Age, Address
- Property description
- If release on payment of consideration, then Details on consideration