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Relinquishment Deed
A Relinquishment Deed is a legal document used when an individual voluntarily relinquishes or gives up their rights to a property. This is commonly done when one co-owner of a property decides to surrender their ownership rights to the other co-owners. It is usually executed in the context of family disputes, inheritance, or as part of a property settlement.
Steps for Registering a Relinquishment Deed:
1. Draft the Relinquishment Deed:
- The deed should clearly state the details of the property, the co-owners involved, and the intention to relinquish rights.
- The deed must include the names of the person relinquishing their rights and the one receiving those rights, along with their respective shares in the property.
- The document should be signed by both parties and witnessed by two or more individuals.
2. Stamp Duty:
- The Relinquishment Deed needs to be stamped as per the Stamp Act applicable in the specific state in India. In most cases, a nominal stamp duty is applicable when transferring property within a family, but this varies by region.
3. Notarization:
- Though notarization is not mandatory in every case, it is recommended to get the deed notarized to ensure its authenticity before submission to the registrar.
4. Visit the Sub-Registrar Office:
- The deed must be registered at the sub-registrar office where the property is located. Both parties (the one relinquishing the rights and the one receiving them) must be present.
5. Documents Required for Registration:
- Original Relinquishment Deed (with signatures of both parties)
- Identity Proof of both parties (Aadhaar card, passport, voter ID, etc.)
- Proof of Ownership of the property (original sale deed, previous relinquishment deed, etc.)
- Address Proof of both parties
- Photographs of the parties
- Witnesses: Signatures of two witnesses
6. Registration Process:
- Submit the deed and the required documents to the sub-registrar.
- Pay the registration fees.
- The registrar will verify the documents and may ask questions to ensure the deed is voluntarily executed.
- Upon successful verification, the deed will be registered and a receipt is provided.
7. Obtain the Registered Deed:
- After the registration is complete, the registered Relinquishment Deed will be returned. This deed is now legally binding and can be used for any subsequent legal or property-related purposes.