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Ajay (Staff)     22 September 2024

Relinquishment deed

My parents have a self acquired property in a Cooperative housing society in mumbai. They are now deceased. I am one of the legal heirs, along with my other siblings.

My one sibling is a NRI and wishes to relinquish his rights ( for no consideration) in favor of me and the other siblings. My NRI Sibling is unable to travel to India. Can he execute a Relinquishment deed in the foreign country where he is residing? Would he need to get it notarized in the foreign embassy or what is the procedure?

And what are the next steps that I and my siblings would need to follow in Mumbai for the relinquishment deed to be valid in India?

Thank you for your advice in advance.



Learning

 9 Replies

Dr. J C Vashista (Advocate )     22 September 2024

The relinquishment deed has to be registered with jurisdictional Sub-Registrar where property is located.

However, the releasor (NRI brother) may send Embassy /local notary attested SPA / GPA in favour of you or anyother sibling, which is to be further authenticated by Mumbai (area) SDM and get the RD executed and registered by such attorney on his (NRI brother) behalf. 

T. Kalaiselvan, Advocate (Advocate)     22 September 2024

The relinquishment deed has to be executed by a registered deed before the concerned sub registrar where the property is located.

If he is not able to travel to India for this purpose he can send a power of attorney deed duly attested by the official of Indian consulate and send it to the power agent back in India to execute the relinquishment deed.

Ajay (Staff)     22 September 2024

Thank you for your kind response.

I understand that once my NRI brother (Releasor) sends me his SPA/GPA in my favor , all I need to do is take the SPA/ GPA and the relinquishment deed to the sub registrar and get it registered. 

Would all the other Releasees need to sign on the relinquishment deed, for purposes of registering the Release deed or can the sibling in whose favour the SPA/GPA get the Release deed registered in sub registrar office?

Thank you in advance for your valued opinion.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 September 2024

My sister had 4 children, three sons and one daughter. The eldest son is in USA. The daughter is in India. When their father died the eldest son and the daughter wanted to relinquish their rights in favour of their two brothers and mother. The son in USA got his requishment deed executed in Indian Consulate in USA. It was witnessed by two Consulate officials. The daughter executed her relinquishment deed in India. There are Bombay High Court judgments saying relinquishment deeds with no compensation need pay only nominal stamp duty.

Dr. J C Vashista (Advocate )     23 September 2024

Of course all releasors (personally or through attorney) shall have to execute the relinquishment deed before concerned (area) Sub-Registrar for registration.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 September 2024

If you want I can get you actual information as to what exactly my nephews did instead of serching the law.

Ajay (Staff)     23 September 2024

Yes. Thank you would appreciate it  if you could Dr. Ramani.

The property is located in Mumbai. So I just need to understand if the release deed would need to be registered at the registrars office in Mumbai, as property is located there.

Also would there be stamp duty applicable on the release deed ? and registration fees applicable?

Dr. J C Vashista (Advocate )     24 September 2024

I had made it explicitly clear in my previous post, "where ever property is located", went unnoticed, isn't it ?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 September 2024

Send me a personal message or an email to mpsrpro330@gmail.com


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