Relinquishment deed is a document where a person releases his rights of the property relinquished in the name of another person legally. As it is a legal document where a person gives up his claim to another person, the said deed must be executed and registered as per law. Kindly note that the person needs a good property lawyer for documentation and legal compliances.
Title and Introduction
The title should contain the words ‘relinquishment deed’ along with the date in the introduction.
Identification of the Executants
The person making relinquishment deed is known as an executant or a releasor as the rights are released from a property by executing the document. The deed must contain all the details, including full name and residential address.
Identification of the Releasee
The details of the release, including the name and address, shall be included in the deed. The person who receives the rights is known as a releasee.
Description of the Property
The description of the entire property is essential. The name of the last owner is necessary. It is mandatory to mention all the minute details such as survey number, complete address, registration details, sub-registrar office details like book number, volume number, office name, etc.
The purpose of relinquishment should be mentioned in the deed. Suppose if the owner of the property died intestate by leaving a will, then there would be no complications to necessitate the creation of relinquishment deed.
Details of legal heirs
All details like name, address, age and relationship to the deceased or the owner should be named in a table of the deed.
Details of shares
As there is no existing will, the legal heirs would own the property according to the Succession Act. The proportion of shares owned by each heir until the creation of the deed of relinquishment shall be mentioned.
The critical clause to be mentioned in a relinquishment deed is mentioning of the executants releasing their shares in favour of the releasee out of natural love and affection and without any monetary consideration. The property should be described with a declaration that they and their legal heirs have no claim over the said property. If all remaining heirs release their shares in favour of one heir, it will be mentioned that the rights of the property shall vest absolutely with the releasee.
The deed should be signed by all the executants, the releasee and two witnesses before the concerned sub-registrar office within the jurisdiction of property.
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