A relinquishment deed is an important document that allows someone to give up their property rights. Learn what it takes to change minors' rights in a relinquishment deed.
A Relinquishment Deed is a legal document created to transfer ownership of real estate from one co-owner to another heir, often in cases involving inherited property. This deed enables a co-share owner to surrender their rights, interests, and title to another co-owner, including instances where the right of minors in relinquishment deed may come into consideration.
It’s commonly used among legal heirs when one co-owner chooses to transfer their share without opting for a gift, transfer, or sale deed. Unlike other types of deeds, a relinquishment deed does not require any payment to the releasor for transferring their rights. Moreover, for the deed to be legally enforceable, it must be registered. Without registration, it holds no binding power in the eyes of the law.
Is There Any Change in the Right Of Minors In Relinquishment Deed?
A relinquishment deed can be used to transfer property to a minor. This property can be transferred for the benefit of the minor. When a ward reaches maturity within three years of the date of attainment, the Limitation Act of 1963 has provisions for the setting aside of a guardian’s property transfer.
In circumstances where the ward has died before reaching maturity age or within three years of that date.
Then a separate section of the Act provides that his legal representative can start the appropriate legal proceedings to have the transfer revoked. The transfer of an ancestral property must also be taken into account; in that scenario, Section 109 of the Act would apply. Within 12 years of the date, the alienee obtains control of such ancestral property, a Hindu subject to Mitakshara law can set aside his father’s alienation of such property.
Essential Elements Possessed By a Relinquishment Deed
- Registration Of The Deed
- Relinquishment deeds must be registered at the relevant sub-registrar office in accordance with “Section 17 of the Registration Act, 1908.”
- Signature Is Required
- All parties must sign the relinquishment deed in the presence of two witnesses.
- Relinquishment cannot Be done In The Interest Of A Third Party
- It is not possible to relinquish in the interest of anyone other than a co-owner. If a relinquishment is made in favor of a third party who is not a co-owner, it will be regarded as a gift.
- Must Be Presented In Writing
- Relinquishing rights with regard to immovable property can only be accomplished in writing. it will be done through a relinquishment deed that is signed by all parties and witnessed by a minimum of two witnesses.
- Consequences And Irrevocability.
As a result of such a transfer of rights, one co-share owner is released, and the interests of the other co-owners are increased. A deed of relinquishment is irrevocable even if it is made without consideration, and for it to be valid, the property must be owned by at least two people.
Transfer to Minor
Giving property to a minor is allowed, and using a relinquishment deed, the property can also be transferred for the benefit of a minor. In such circumstances, the Indian Contract Act of 1872 will apply. There is no Change in right of minors in relinquishment deed.
Can a Relinquishment Deed Be Revoked or Reversed?
- A registered irrevocable relinquishment deed. In the event of a change of heart or opinion, the parties participating in this transaction cannot withdraw from it. For the following circumstances, a co-owner may revoke a relinquishment deed:
- If a scam was carried out to trick him/her.
- If he/she agreed under pressure or was persuaded to do so.
- If the final document incorrectly interprets his intent.
However, because all parties involved in the agreement’s signing must work together to complete the cancellation process, the aggrieved party will have to file a civil lawsuit if the beneficiary won’t consent to the cancellation. A deed of relinquishment must be cancelled in accordance with the Limitation Act three years from the date on which the relevant right was granted.
Who Has the Right to Relinquish Property and To Whom?
Only those who actually own a share of the property can surrender it. Any co-owner who shares ownership of a property has the option to renounce it. A legal relinquishment shall satisfy all conditions of a legal contract, except payment. Only those who jointly own or have an interest in the equity of the property relinquishment deed.
In other words, the property cannot be transferred into the name of a person who is not an existing co-owner. As a result, in order for a relinquishment to be valid, the recipient of the property must be an authorised heir. Additionally, it is possible to transfer property to a child; in this case, the Indian Contract Act of 1872 will be in effect.
What Differentiates a Gift Deed From a Relinquishment Deed?
A gift deed is an alternative option for transferring ownership of an owner’s property to someone else. A gift deed and a relinquishment deed have certain similarities, but they also have some major differences.
Beneficiary
The only person who may renounce the property is the co-owner, and only in that co-name. owner’s A gift deed allows an owner to renounce his claim to the property regardless of whether the recipient is the property’s legal heir.
Consideration
In a gift deed, the transferor relinquishes possession of the asset without asking for compensation. A relinquishment, however, may very well be made with or without consideration.
Registration and Stamping
Gift deeds must be recorded under The Transfer of Property Act, much like release deeds. Although both binding deeds must be registered, gift deed registration fees are higher than relinquishment deed registration fees. If a person passes away without leaving a will (or becomes intestate), a deed of relinquishment helps with the transfer of property.
Conclusion
We hope that with the information provided, it is clear that there is no Change in right of minors in relinquishment deed, and that under a relinquishment deed, transferring property to a minor is allowed as well as the transfer of property for the benefit of a minor. The Indian Contract Act of 1872 will be enforceable in such cases. Our experienced legal team at Vakilsearch can help you draft a relinquishment deed and keep you away from the hassles of hefty paperwork in just a few clicks. Get in touch with us today.
