Anil Kumar Kedia (employment) 08 August 2009

Hak Tyag Deed

Sir,

My question is : We are 4 brothers and having a parental agriculture field (Khet) total 40 bigha with equal portion 10 bigha of each brother . Now our 2 brothers has matually given his portion i.e. 20 bigha to our big brother without consideration now the position is : big brother portion is 30 bigha 3/4 part and small brother 10 bigha part , I want to ask how we can give it legally owenership to our big brother , we 2 brothers are ready to excute any deed which is required as per law please let me know which deed is required and what is its format. please advice me.

Thanks a lot.

Reply Follow

5 Replies

A V Vishal (Advocate) 09 August 2009

Dear Kedia

The two brothers can execute a gift deed or an relinquishment deed in favour of their elder brother and get the deed registered in the jurisdiction of the local registration office.

Total Area of Plot/flat ……………………………………Sq. Meters

Cost of land ……………………………………………….

Built up area………………………………………………Sq. Meters

Number of floors constructed/semi constructed

Category …………………………………………………………..

User Type………………………………………………………….

Year of construction………………………………………………

Cost of construction………………………………………………

Total value as per circle rate i.e. Cost of land X use factor+cost of construction X

age factor X type of construction.*

Stamp Duty Rs……………………………..

Transfer Duty Rs……………………………

Total Rs. …………………………………..

This GIFT DEED is made and executed at DELHI on this ________ day

of _______________________________ BETWEEN __________________,

S/O, D/O,

W/O___________________________________,R/O_______________________

______________________, hereinafter called the

………………………………..DONOR PARTY NO.1.

- A N D -

______________________________________, S/O, D/O, W/O _____________

R/O.______________________________________________________________

___,

Hereinafter called the ……………………………………………… DONOR

PARTY

NO.2.

The expressions of the DONOR PARTY No. 1 and the DONEE PARTY

NO.2 shall mean and include their respective heirs, successors, executors,

nominees, assignees, administrators and legal representatives etc.

WHEREAS the DONOR PARTY NO.1 is the absolute Owner and in

possession of the property no.

_____

bounded as under, by virtue of sale deed/lease

deed_______________________dated: _____________ duly registered as

Document NO. _______________, in Addl. Book. No. 1________, Volume

No._________, on pages ___________ to __________________, registered on

________With the Sub-Registrar, Sub-Distt. No._________________, Delhi,

executed by Sh___________________.

EAST:

WEST:

NORTH:

SOUTH:

And WHEREAS the above mentioned PROPERTY is free from all sorts of

encumbrances such as liens, charges, claim, liabilities, acquisitions, injunctions or

attachments from any Court of Law, gifts, mortgages, demands, notices,

notifications, legal disputes, difference, prior sale and flaws etc. etc. and the

DONOR PARTY No.1 is fully entitled to dispose of the same.

AND WHEREAS the DONOR PARTY NO.1 has great love and affection

with the DONEE PARTY No. 2 being HIS/HER Real

__________________(BLOOD RELATION)

AND WHEREAS THE DONOR PARTY NO. 1 has agreed to

Gift/Donate the aforesaid property _____________________________________

(hereinafter referred to as the PROPERTY UNDER DONATION/GIFT), UNTO the

DONEE PARTY NO.2 and the DONEE PARTY NO.2 have also agreed to accept

the same.

NOW THIS GIFT DEED WITNESSETH AS UNDER:

(1) That the DONOR PARTY NO.1 does hereby donate/gift the aforesaid

property__________________________________________________

___________________________________,

UNTO_____________________

S/O, D/O, W/O

_____________________________________________, R/O, AS

ABOVE- DONEE PARTY NO. 2 on account of great love and

affection with THEM _________________being HIS/HER REAL

(2) That the aforesaid PROPERTY UNDER DONATION/GIFT is

occupied by M/s. _________________________ on a monthly rent of

Rs.__________________ . The Tenants have been advised to adorn

the DONEE PARTY NO.2 as THEIR

Landlord____________________________-AND PAY

__________________ Rents in question form to-day. The Symbolic

and Proprietory possession of the aforesaid PROPERTY UNDER

DONATION/GIFT has been handed-over/ delivered to the DONEE

PARTY NO2 by the DONOR PARTY NO.1 at the Spot .

(3) That the DONEE PARTY NO. 2 has now become the absolute and

exclusive Owner with all rights in the aforesaid PROPERTY UNDER

DONATION/GIFT from to-day and shall also enjoy all rights of

Onerwship etc. therein..

The DONOR PARTY NO.1 has now been left with no right, title,

interests or liens etc. whatsoever of any sort/nature in the aforesaid

PROPERTY UNDER DONATION/GIFT henceforth after the

execution/ registration of this GIFT DEED. The property in question is

free form acquisition by the Govt. nor notified under section 4 & 6 of the

Land Acquisition Act 1894.

(4) That the DONEE PARTY NO.2 with HIS/ HER own funds shall get

the aforesaid PROPERTY UNDER DONATION/GIFT

transferred/mutated in _____his____ favour in the records of the

Deptt.(s) concerned on the basis of this GIFT DEED even in the

absence of the DONOR PARTY NO. 1 who shall have no objections in

this regard and will also extend full co-operation to the DONEE

PARTY NO.2, when asked for/ required/ necessary in this regard.

(5) That the DONEE PARTY NO.2 has accepted the GIFT of the said

PROPERTY UNDER DONATION/GIFT DEED and has also takenover

the Symbolical and Proprietory/Ownership possession of the

same from the DONOR-PARTY NO.1 ..

(6) That the market value of the above mentioned PROPERTY UNDER

DONATION/GIFT has been assessed at

Rs.______________________

(Rupees_________________________________________ only), as

per the circle rates notified by Govt. under and provision of the Delhi

Stamp (under valuation of instruments of immovable properties)

Rules, 2007. All facts relating to the market value and chargeability

of stamp duty and transfer duty have been fully mentioned in this deed

including form ‘A’ submitting with this deed with the registration

authority.

(7) That all the expenses of the GIFT DEED such as Stamp Duty,

registration charges and registration Fees etc. etc. have been borne and

paid by the DONER PARTY NO. 1./ DONEE PARTY NO 2.

(8) That all future taxes, cesses, rates or any other Govt. or Municipal

dues and demands in respect of the above mentioned PROPERTY

UNDER DONATION/GIFT shall be borne and paid by the DONEE

PARTY NO.2.

(9) That all the Title Deeds/papers including previous title deed (in

originals), relating to the aforesaid PROPERTY UNDER

DONATION/GIFT have been handed-over/delivered to the DONEE

PARTY NO.2 by the DONOR PARTY NO.1 at the Spot.

IN WITNESS WHEREOF the parties have set and subscribed their

respective hands and signatures to this GIFT DEED at DELHI on the date,

month and year first above written in the presence of the following

witnesses after fully considering and admitting the facts thereof:

WITNESSES: DONOR PARTY NO. 1

1.___________________ ( _________________ )

DONEE PARTY NO.2

2. ___________________ ( _________________ )
IN FAVOUR OF

Mrs.

WHEREAS the Shri. son of Shri. resident

of _,was the absolute owner of Entire Second Floor of

Freehold Property bearing No. built on Plot No. , in Block No -

Built on a plot of land measuring ---' situated at , by virtue of

Gift Deed registered as document no. -_in Add_Book No- Vilume No. on

pages _to- dated ---' in the office of Sub-Registrar, New Delhi (hereinafter

called the said portion of the said property)

AND WHEREAS the said Shri intestate died on

(Death Certificate enclosed) leaving behind the following legal heirs:-

1)

ll)

Ill)

WHEREAS consequent upon the death of Shri --1/3rd share

each in the of Freehold property bearing No. , built on Plot No. -

In Block No. , built on a plot of land measuring , situated at

New Delhi, has devolved upon the above legal heirs.

NOW THIS DEED WITNESSETH AS UNDER :-

Pursuant to their wish, as mentioned above, the Executants/Releasors out of natural love and

affection and without any monetary consideration, hereby with to release and relinquish their

_share each in the of Freehold property bearing No. built on

Plot no , in Block No , built on a plot of land measuring , situated

at , in favour of Smt. wife of Shri as

mentioned above, and hereby affirm and declare that they and their legal heirs shall have no

claim, right, lien or interest in the entire .of the aforesaid property and the same

shall vest absolutely in the said Smt. wife of Shri , the

Releases.

IN WITNESS WHEREOF, the Executants/Releasors and the Releasee have signed this Deed of

Relinquishment on the day, month and year first mentioned above in the presence of the

following witnesses:-

( )

RELEASEE

~

( )

EXECUTANTS/RELEASORS

WITNESSES:-

1

2.

RELINQUISHMENT DEED

This Deed of relinquishment is made and executed on this--- day of , 2004 by

By Shri S/o Shri and Miss.

Daughter of Shri residents of

hereinafter called "the EXECUT ANTS/RELEASORS:.

Note: -This is a model draft of gift and relinquishment deed and may be customized according to requirements of individual cases with the help of an advocate.

GIFT DEED

CHART FOR CALCULATION OF VALUE WITH REGARD TO CIRCLE

RATE FOR THE PAYMENT OF STAMP DUTY AND TRANSFER DUTY

A V Vishal (Advocate) 09 August 2009

Sorry there is a mix up, I am posting the deeds separately

A V Vishal (Advocate) 09 August 2009

Relinquishment Deed

This Deed of Relinquishment is executed at Delhi on this ______ day of ______, 2007

BY

Sh. ______ son of Late Sh. ______ resident of ______, Delhi, hereinafter called ‘the RELEASOR’

Which expression shall unless repugnant to the context or meaning hereof ,mean and

include his heirs, successors, legal representatives, executors, administrators and assigns,

of the FIRST PART.

IN FAVOUR OF

Sh. ______ son of Late Sh. ______ resident of ______, Delhi, hereinafter called ‘the RELEASEE’

Which expression shall unless repugnant to the context or meaning hereof ,mean and

include his heirs, successors, legal representatives, executors, administrators and assigns,

of the RELEASEE.

WHEREAS the Party of the First Part is the legal heir of the deceased late Shri /Smt.

______ who died intestate.

AND WHEREAS the said Shri /Smt. ______ has left behind him a property i.e. flat no.

______ situated in ______, admeasuring about ______ sq. ft. consisting of ______ rooms at

______.

AND WHEREAS the Releasee has been residing with the deceased since last ______

years.

AND WHEREAS during lifetime of Shri/Smt. ______ he had expressed his desire to

bequeath the said flat to the party of the Releasee.

AND WHEREAS the party of the first part was also aware of the same and as such for

transmitting share and interest in the said flat no ______ in favour of the party of the

Releasee and Releasors has shown his readiness and willingness to execute necessary

documents by relinquishing his share and interest as a legal heir in the said property.

AND WHEREAS mutually it has been agreed that for the said share and interest as legal

heir in the said property of late Shri /Smt ______ for consideration of Rs ______ to which

Releasee has agreed to give to the party of the first part.

AND WHEREAS the Releasee in order to become exclusive owner of the premises the

Releasors relinquishes and ceases to have any right, title or interest therein.

AND WHEREAS it is necessary to bring this fact on record.

NOW THIS DEED OF RELINQUISHMENT WITNESSETH AS UNDER:

1. That the Releasors has released and relinquished in favour of the Releasee all their

rights, titles and interest in the said flat situated at ______ and to hold the same as

the absolute owner along with all furniture and fixtures standing thereon. And the

Releasors do hereby declare that the said premises is and has been the exclusive

property of the Releasee with effect from ______.

2. That the first party, does hereby declare that the Releasee is entitled to have his

name incorporated as the owner of the said flat in the records of the society by

transferring share, title and interest in his name. And the Releasors will do every

such assurance or thing for further or more perfectly assuring the property

released to the Releasee as may be reasonably required.

3. That the Releasors, their heirs, successors and assigns have been left with no claim,

title or interest in the property hereby relinquished and the releasee is the sole

and absolute owner thereof.

IN WITNESS WHEREOF the releasor and the releasee have set their respective hands to

this deed of relinquishment at Delhi on the date, first hereinabove mentioned.

RELEASOR

RELEASEE

WITNESSES:

1. Mr. __________________________ Son of _____________________________.

Resident of ___________________.

2. Mr. ______ ____________________Son of _____________________________.

Resident of ___________________.

A V Vishal (Advocate) 09 August 2009

Note: -This is a model draft, may be customized according to requirements of

individual cases

GIFT DEED

CHART FOR CALCULATION OF VALUE WITH REGARD TO CIRCLE

RATE FOR THE PAYMENT OF STAMP DUTY AND TRANSFER DUTY

Total Area of Plot/flat ……………………………………Sq. Meters

Cost of land ……………………………………………….

Built up area………………………………………………Sq. Meters

Number of floors constructed/semi constructed

Category …………………………………………………………..

User Type………………………………………………………….

Year of construction………………………………………………

Cost of construction………………………………………………

Total value as per circle rate i.e. Cost of land X use factor+cost of construction X

age factor X type of construction.*

Stamp Duty Rs……………………………..

Transfer Duty Rs……………………………

Total Rs. …………………………………..

This GIFT DEED is made and executed at DELHI on this ________ day

of _______________________________ BETWEEN __________________,

S/O, D/O,

W/O___________________________________,R/O_______________________

______________________, hereinafter called the

………………………………..DONOR PARTY NO.1.

- A N D -

______________________________________, S/O, D/O, W/O _____________

R/O.______________________________________________________________

___,

Hereinafter called the ……………………………………………… DONOR

PARTY

NO.2.

The expressions of the DONOR PARTY No. 1 and the DONEE PARTY

NO.2 shall mean and include their respective heirs, successors, executors,

nominees, assignees, administrators and legal representatives etc.

WHEREAS the DONOR PARTY NO.1 is the absolute Owner and in

possession of the property no.

_____

bounded as under, by virtue of sale deed/lease

deed_______________________dated: _____________ duly registered as

Document NO. _______________, in Addl. Book. No. 1________, Volume

No._________, on pages ___________ to __________________, registered on

________With the Sub-Registrar, Sub-Distt. No._________________, Delhi,

executed by Sh___________________.

EAST:

WEST:

NORTH:

SOUTH:

And WHEREAS the above mentioned PROPERTY is free from all sorts of

encumbrances such as liens, charges, claim, liabilities, acquisitions, injunctions or

attachments from any Court of Law, gifts, mortgages, demands, notices,

notifications, legal disputes, difference, prior sale and flaws etc. etc. and the

DONOR PARTY No.1 is fully entitled to dispose of the same.

AND WHEREAS the DONOR PARTY NO.1 has great love and affection

with the DONEE PARTY No. 2 being HIS/HER Real

__________________(BLOOD RELATION)

AND WHEREAS THE DONOR PARTY NO. 1 has agreed to

Gift/Donate the aforesaid property _____________________________________

(hereinafter referred to as the PROPERTY UNDER DONATION/GIFT), UNTO the

DONEE PARTY NO.2 and the DONEE PARTY NO.2 have also agreed to accept

the same.

NOW THIS GIFT DEED WITNESSETH AS UNDER:

(1) That the DONOR PARTY NO.1 does hereby donate/gift the aforesaid

property__________________________________________________

___________________________________,

UNTO_____________________

S/O, D/O, W/O

_____________________________________________, R/O, AS

ABOVE- DONEE PARTY NO. 2 on account of great love and

affection with THEM _________________being HIS/HER REAL

(2) That the aforesaid PROPERTY UNDER DONATION/GIFT is

occupied by M/s. _________________________ on a monthly rent of

Rs.__________________ . The Tenants have been advised to adorn

the DONEE PARTY NO.2 as THEIR

Landlord____________________________-AND PAY

__________________ Rents in question form to-day. The Symbolic

and Proprietory possession of the aforesaid PROPERTY UNDER

DONATION/GIFT has been handed-over/ delivered to the DONEE

PARTY NO2 by the DONOR PARTY NO.1 at the Spot .

(3) That the DONEE PARTY NO. 2 has now become the absolute and

exclusive Owner with all rights in the aforesaid PROPERTY UNDER

DONATION/GIFT from to-day and shall also enjoy all rights of

Onerwship etc. therein..

The DONOR PARTY NO.1 has now been left with no right, title,

interests or liens etc. whatsoever of any sort/nature in the aforesaid

PROPERTY UNDER DONATION/GIFT henceforth after the

execution/ registration of this GIFT DEED. The property in question is

free form acquisition by the Govt. nor notified under section 4 & 6 of the

Land Acquisition Act 1894.

(4) That the DONEE PARTY NO.2 with HIS/ HER own funds shall get

the aforesaid PROPERTY UNDER DONATION/GIFT

transferred/mutated in _____his____ favour in the records of the

Deptt.(s) concerned on the basis of this GIFT DEED even in the

absence of the DONOR PARTY NO. 1 who shall have no objections in

this regard and will also extend full co-operation to the DONEE

PARTY NO.2, when asked for/ required/ necessary in this regard.

(5) That the DONEE PARTY NO.2 has accepted the GIFT of the said

PROPERTY UNDER DONATION/GIFT DEED and has also takenover

the Symbolical and Proprietory/Ownership possession of the

same from the DONOR-PARTY NO.1 ..

(6) That the market value of the above mentioned PROPERTY UNDER

DONATION/GIFT has been assessed at

Rs.______________________

(Rupees_________________________________________ only), as

per the circle rates notified by Govt. under and provision of the Delhi

Stamp (under valuation of instruments of immovable properties)

Rules, 2007. All facts relating to the market value and chargeability

of stamp duty and transfer duty have been fully mentioned in this deed

including form ‘A’ submitting with this deed with the registration

authority.

(7) That all the expenses of the GIFT DEED such as Stamp Duty,

registration charges and registration Fees etc. etc. have been borne and

paid by the DONER PARTY NO. 1./ DONEE PARTY NO 2.

(8) That all future taxes, cesses, rates or any other Govt. or Municipal

dues and demands in respect of the above mentioned PROPERTY

UNDER DONATION/GIFT shall be borne and paid by the DONEE

PARTY NO.2.

(9) That all the Title Deeds/papers including previous title deed (in

originals), relating to the aforesaid PROPERTY UNDER

DONATION/GIFT have been handed-over/delivered to the DONEE

PARTY NO.2 by the DONOR PARTY NO.1 at the Spot.

IN WITNESS WHEREOF the parties have set and subscribed their

respective hands and signatures to this GIFT DEED at DELHI on the date,

month and year first above written in the presence of the following

witnesses after fully considering and admitting the facts thereof:

WITNESSES: DONOR PARTY NO. 1

1.___________________ ( _________________ )

DONEE PARTY NO.2

2. ___________________ ( _________________ )