A relinquishment deed can be signed to allow one co-owner of a Hindu property to transfer ownership rights to another co-owner, whether you are gifting or inheriting. Co-owners can legally give up their share of the property to another co-owner in this way.

How does a surrender deed work?

Utilization of a relinquishment deed There are times when a property owner passes away without a will. That is to say, if the legal heirs do not make a will and instead decide to leave the property to a co-owner rather than continuing to claim it, a relinquishment deed must be considered.

Take a look at the following scenario:

Three sons receive a substantial estate in their hometown after their father dies without leaving a will. Assume the two brothers are willing to give up ownership without receiving any compensation. Due to the fact that two of the brothers work in different places, managing the estate in their hometown will be challenging. Their third brother, who lives close to the family home, might be the beneficiary of the rights they have now. A similar deed would need to be written and recorded to formalize the transfer, regardless of whether the two brothers paid for it.

In legal terms, surrender documents, also known as release deeds, necessitate a certain level of knowledge of the applicable laws.

When does a surrenderment deed take effect?

A property’s interest can be transferred to another person in a number of legal ways, including by sale, gift, or bequest. So, when does a relinquishment deed need to be signed, and how does it differ from other ways to transfer property?

Except for inherited properties, rights to a property cannot be transferred through a relinquishment document. All of your rights under Hindu law are included in the ancestral holdings. You would receive the self-acquired property your father acquired if he died overseas.

Is it possible for anyone to create a relinquishment deed?

The co-owners are the only ones who can sell their share in a property. They can also only sell to one of their co-owners.

Is it necessary to record a relinquishment deed?

Every instrument that creates or transfers an immovable property claim must be registered, per section 17(1) b of the 1908 Registration Act. A relinquishment deed must be registered before it can be used in court. According to Section 49 of the Registration Act, an unregistered document that is required to be registered cannot be used in court under Section 17 in the event of disagreement.

I would like to know how to register a surrender deed.

The following procedures are followed when registering relinquishment deeds:

Before beginning the process, it is recommended that the contents of a relinquishment document be drawn on 100-rupee stamp paper. Make certain that the manuscript is error-free in every way, including spelling and typographical errors. The text of the contract must be written in a way that makes it easy for everyone to understand exactly what it says.

It is necessary to visit the sub-office registrar in the affected area and request that all parties involved in the transaction, as well as two witnesses, bring passport-sized photographs, pay the fee, and bring both the original and photocopies of the documents proving their identity and address.

In order to register the relinquishment document, a small fee must be paid in a subsequent step. Typically, this will cost between Rs 100 and Rs 250.

The official will decide whether the deed can be registered after you have completed the process of obtaining it. After that, the form will be made and mailed to you within a week or so. The registrar‘s office is where the paperwork can be picked up.