Quitclaim deed
Archana
(Querist) 31 January 2021
This query is : Resolved
Hello,
My ex husband and I own a property together. But after our divorce, we agreed the property will go to him and I will keep cash assets. I have two questions:
- What is the best way to transfer entire ownership of the property to his name?
- What is the procedure and costs involved?
Many thanks in advance!
Archana
Advocate Bhartesh goyal
(Expert) 31 January 2021
You can relinquish your share and right over the property by registered relinquishment deed in favour of your husband and after your relinquishment your husband will be absolute owner of property.This is the cheapest and easy way to transfer the property rights.
kavksatyanarayana
(Expert) 31 January 2021
Yes. You can relinquish your rights over the property to your ex-husband or you can gift your 1/2 share to him. The Stamp duty payable thereon is less for both the Gift deed and Release deed in most States. And the Stamp duties vary from one State to another State.
Archana
(Querist) 31 January 2021
Thank you for your quick response. Are Relinquishment Deed and Release Deed the same or is there a difference? Also, what is the procedure to register the deed - do I need to visit the local family court?
Guest
(Expert) 01 February 2021
All Transfers related tp Properties could be Completed in Registrar Office it self. If at all these things were mentioned in Court Orders then only the Court has to be intimated about this. Your Presence would be mandatory in Registrar Office.
Guest
(Expert) 01 February 2021
Relinquishment Deed Or the Release deed means relinquishing the rights of the title and almost the purpose of it would be the same.
Archana
(Querist) 01 February 2021
Thank you 😊Much appreciated!
Guest
(Expert) 01 February 2021
Welcome Please ......................
K Rajasekharan
(Expert) 01 February 2021
The difference between a Release Deed or a Relinquishment Deed or a Gift Deed is still a delicate question being inconclusively deliberated in our high courts as it is evident from the below linked judgement of the Delhi High Court in Tripta Kaushik vs Sub Registrar Vi-A, Delhi & Anr, delivered last year.
The court says in determining whether the document is a release or Gift/Conveyance, the nomenclature used to describe the document or the language which the party may choose to employ in framing the document, is not a decisive factor.
What is decisive is the actual character of the transaction intended by the executants.
Where the relinquishment of the right by the co-owner is only in favour of one of the co-owner and not against all, the document would be one of Gift/Conveyance and not of "release".
It seems transfer of rights in a property through a relinquishment/release deed is possible, only in cases of inherited properties where co-owners of a property can relinquish/release their share in the property in favour of another co-owner/s.
It seems that one co owner conveyancing his part of the rights in a jointly purchased property to the other owner is equal to a re-conveyancing. Such a document will have the nature of a gift deed to the other co owner, with whatever name it is called.
Kerala registration Department uses the name release deed for a document that relinquishes one's right in an inherited property. Using such model form already published on the site anyone can register a document which earlier has been the monopoly of the document writer and the advocate.
https://indiankanoon.org/doc/52198239/?type=print
Archana
(Querist) 01 February 2021
Thank you for that very detailed explanation. That helps me understand the situation better!
Dr J C Vashista
(Expert) 02 February 2021
Very well analysed, opined and obliged by expert Mr. K Rajsekharan, I fully agree and appreciate.
The transaction of release /relinquishment of your share in favour of your ex-husband (co-owner) can not be registered since release / relinquishment can be done for ancestral property, in favour other surviving member of deceased.
Dr J C Vashista
(Expert) 02 February 2021
You may transfer your share of the property to your ex-spouse by way of a registered Gift Deed or Sale Deed.
However, if divorce proceedings are pending, you may get it mentioned / endorsed in the case by way of MoU / councelliation ./ mediation which your ex-spouse may get it registered.
Archana
(Querist) 02 February 2021
Thank you, Dr. Vashista!
Rajendra K Goyal
(Expert) 02 February 2021
Agree with the expert DR. J.C. Vashishta.
