Legal AdviceProperty

A Guide to Relinquishment Deeds Vs Gift Deeds

Here is an extensive guide on the difference between relinquishment deed Vs deeds which you must know about.

Do you want to Know about Relinquishment Deeds Vs Gift Deeds? If yes, then keep reading further and satiate your curiosity. For most people, release terms of release and relinquishment deed are highly confusing and puzzling at the same time. People feel that they are the same. But it is true the words are the same fundamentally even though the differences are subtle, but there are significant differences too.

How can you register a relinquishment deed?

  • In case of relinquishment deed following must be done
  • The parties should draft the content of the deed on INR 100 stamp paper. There should not be any error related to the details mentioned inside the draft. It would be best if you did not complicate the language on the draft. You must be pretty clear and use simple terms for the nature of your date.
  • The parties involved need to visit the sub registrar’s office. All the people involved also need to carry the photocopies besides the original identity proof and address proof.
  • A nominal fee of INR 100 or 250 has to be paid as a registration fee for the relinquishment deed.
  • After the official is alright with all the documents and the general nature of your deed, one can easily go and visit the office of sub-registrar for collecting the final papers. 
  • You can submit the documents online if any of the parties is ill terminally or have any other disability.

Essential Information About Relinquishment Deed?

The link vestment date is generally a legal document by which a person can give their legal rights over a property to someone else with their consent. On the flip side, a deed of release, also known as the reconveyance deed, is the type of legal document the tree announces a person’s claim against a specific property.

The deed of release is known to release the parties from any previous obligations completely. You cannot find a significant difference between the 2. The context of using these terms might vary at times, but the meaning of both the terms are eventually the same. For example, when a person dies without making a will, the property goes to the nominees or the legal heirs, two sons. Now one of them would transfer the right of the property to the other person due to their wish or any other personal reason.

Here the transfer of ownership would be known as relinquishment rights. The person to whom the deed would be transferred should be interested in taking the property in case of relinquishment. Furthermore, that person should also wholly consent to the entire property share.

DRAFT YOUR RELINQUISHMENT DEED

If that is not the case, then the link vestment date would be void and cannot be enforceable legally. Furthermore, it should be noted that a relinquishment deed can only be executed towards family members in the majority of the cases or to the corner of the property. It cannot be just given to any person.

What do you need to know about the release deed?

When you claim a loan from a bank, the bank would take complete control of the property pre-owned by the collateral or the home buyer. Once the loan amount is entirely paid, the mortgage is transferred back to your account with the release date. Here the bank would be giving away the temporary possession of your mortgage back to the owner through the mortgage release deed. So in a mortgage release deed situation, it is not mandatory for the parties involved to be relatives or coparceners.

What do you need to know about the requirements of the relinquishment deed?

  • A legal document generally allows a 1% transfer of the claim over their property. This is the relinquishment deed, and you need to submit the following.
  • It is mandatory for you to register the deed as per section 17 of the registration act 1908.
  • Your date should be accurately executed. 

A Gift Deed

A gift deed is one of the most widely accepted instruments for estate and succession planning. It means the transfer of specific existing movable properties made voluntarily without consideration by any one person is known as the donor to the other party known as the donee, and it must be accepted by or on behalf of them.

In simple terms, a gift is nothing but a gratitude transfer of your ownership, including movable or immovable property, between the transferor and the transferee. It must be voluntarily transferred and accepted by the transferee during the given lifetime. Only the existing property can be transferred as per the transfer property act. Above all, you should note that a gift deed cannot be revoked or cancelled once it is accepted by the transferee and registered as per the law.

A gift deed should be compulsorily registered to be valid as per section 17 of the registration act 1908. The stamp duty that you need to pay for the gift deed registration is different for all the states in India. You need to understand the tax implications while you are transferring assets through the gift deed. If you are receiving gifts exceeding INR 50,000 in value, then the entire sum would be liable to tax. But there are certain exemptions on gift liability. The money or property that you receive during the marriage or through your close relatives cannot be taxed as income from other sources. Hence, the funds received under a will is also exempted from tax.

Hence you should always check the regulations when it comes to transferring any property by deed.

Conclusion

If you want to know more details about relinquishing Vs gift deeds, then the experts at Vakilsearch can be of good help here in the best possible way. The experts here are very professional and have in-depth knowledge on the subject. 

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