(Guest)

What is the exact procedure of Relinquishment Deed ? Does it need personal presence at Sub Registrar Office of All Relinquishers ?

The legal heirs of a Father deing intestate in 1997, now the property is to be transferred in name of his one son , and all other legal heir daughters and brother' are ready to relinquish their right over the property. So, what is the procedure for this Relinquishment ? and whether it requires personal presence of each and every brother sisters or signature at their place can also be done on that deed ? please clarify

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8 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 26 August 2019

For relinquishment deed registration personal presence is must before sub-registrar.

(Guest)

Does it require presence of each and every personal personally ? if signatures are done from them isn't it valid ?

(Guest)

Does it require presence of each and every personal personally ? if signatures are done from them isn't it valid ?

kavksatyanarayana (subregistrar/supdt.(retired)) 26 August 2019

Ji, each legal heir who is relinquishing his/her rights over the property must present in the Office of the Sub Registrar concerned. If any person cannot appear in person, he/she shall give POA (SPA is sufficient) to other person to execute and present the document. Consult local senior Document Writer or a lawyer practicing to draft the deed.

(Guest)

and if one legal heirs husband wife both are dead, and having 1 son and 2 daughters, so do all of them be present there for signature or only the eldest child that is the son ? or do they even have right if their parent never demanded their share in that property ?

kavksatyanarayana (subregistrar/supdt.(retired)) 26 August 2019

one son and two daughters shall attend.

Shashi Dhara 27 August 2019

All the necessary parties shud attend if not one can have poa

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 27 August 2019

My nephews and niece were 4, three boys and one girl. After the death of their father intestate, one son and the daughter relinquished their rights. One son was in USA. He gave an affidavit to the effect of relinquishment and executed it at the Indian Embassy in USA. The daughter went to the registrar's office with her 2 brothers and executed the deed. The property was in Chennai and a probate had to be obtained. The two brothers and their mother who were recepients of the relinquished property had to pay stamp duty as for transfer. Later I came across two cases in which the Bombay High Court gave decision that no stamp duty was payable if it was a case of renouncement without consideration.