What Are the Ways to Register a Relinquishment Deed?

Learn how to register a relinquishment deed to legally transfer your inherited property rights to a co-heir. This guide explains the steps, documents needed, fees, and legal requirements for a valid and final transfer.

When a person dies without transferring his property, the property is inherited by his legal heirs. But when any of the legal heirs want to give up their rights to the inherited property, the relinquishment deed comes into the picture. You need to register a withdrawal agreement when you acquire a property through the right of inheritance. The Withdraw Agreement is a legal document formatting that can give up the rights to his inherited property.

Ways to Register a Relinquishment Deed

You can register it by taking the following steps:

• The first step is to draft the content on a stamped paper worth Rs 100. Put all the correct details. Write in simple and easy language, so the intention of the Relinquishment deed registration is easily understandabl
• After writing the details, go to the office of the sub-register and accompany at least two witnesses. All the required documents will also have to be taken to the register’s office
• A required fee has to be paid to continue the registration process.
• The Withdraw Agreement will be ready within one week, provided the deed fulfills all the required considerations to become a valid Withdraw Agreement
• According to Section 31 of the Registration Act, 1908, if the person is physically impaired or has any other difficulty and cannot visit the Sub-register’s office, he will be attended to by a person from the register’s office who will help him present the Withdraw Agreement for the registration.

Conditions to Register Relinquishment Deed

The following conditions are required to be fulfilled to get a valid Relinquishment Deed

• Description

The first paragraph of the deed should include the word ‘Withdraw Agreement’ along with the date of the creation of the deed

• Executant

There should be a person who executes the Withdraw Agreement The deed has to be executed after submitting it to the Sub-Register office

• Details of the Property

The Withdraw Agreement should contain every detail of the property, the share of which has been desired to relinquish. The property’s complete address must be mentioned apart from mentioning registration details. The details of the last owner also have to mention on the deed

• The Purpose

The purpose of the Withdraw Agreement has to be mentioned in the deed. If the sole last owner dies intestate, there will be no complication in creating the Withdraw Agreement

• The Details of Heirs

The details of all the property heirs must be mentioned in the withdrawal agreement. The name, age, address, and relationship with the deceased owner must be mentioned clearly

• Details of Share

The details of the share that has been proposed to be relinquished should be mentioned on the deed. The proportion of shares held by each heir also has to be mentioned

• Relinquishment Clause

In this clause, the reason for the relinquishment of the share has to be mentioned. Whether the relinquishment is done because of natural love or for any other reason has to be mentioned clearly. The deed also has to accompany a declaration that only the release will be entitled to unlimited ownership of the relinquished share

• It Should be in the Expressed Form

A Withdraw Agreement should be in the expressed form and a written document registered and signed by all parties

When Can a Relinquishment Deed be Revoked?

The Withdraw Agreement can be revoked based on the following grounds:

• When the co-owner is being cheated upon
• If the co-owner has been influenced to agree to relinquish the share
• In case of any misinterpretation found on the withdrawal deed.

Conclusion

Other Related Articles 

• Everything about the Relinquishment Deed
• How Can a Relinquishment Deed Be Sent From Abroad?
• Are Relinquishment Deeds Different From Release Deeds?