In the case of Hindu joint property, co-owners may decide to relinquish their right to the property as part of their divorce, and the relinquishment deed serves to reflect such agreements. It is necessary for both co-owners to sign a relinquishment deed when relinquishing ownership of their share of the property.
Renunciation of deeds
Usually, when the legal heirs of the deceased property owner pass away intestate, without a will, when the property was owned by the deceased person, a deed of relinquishment is required.
Some examples are as follows:
A large estate is inherited by three sons after their father dies without leaving a will in their hometown. Two of the sons work in different cities and are unable to manage the estate in their hometown. Imagine that the brothers don’t even think about the inheritance property before renouncing their right to it. When it comes to inheriting ancestral property, the third brother could decide to take it over. Formalizing the process would require a deed of relinquishment. It is important to keep in mind that a similar deed would be created even if the two brothers took payment for the transfer.
To be successful in relinquishment deeds, you will need to understand the legalities involved in them in order to understand the process.
What is the date of creation of a relinquishment deed?
The interest in a property can be transferred in different ways, such as by sale, gift, and will, and we have been discussing some of these methods in this article. In Hindu law, you are subject to inherit the self-acquired properties of your father and all of his ancestral properties if he dies before you. If your father passes away outside your state, he is entitled to inherit all of his self-acquired properties and all of his ancestral properties by birth.
How does a relinquishment deed get created?
In order to relinquish a property share, co-owners must first get consent from the other co-owner. If another co-owner shows interest in relinquishing the share, only that owner can do so.
Why should a relinquishment deed be registered?
There is a law that requires every instrument that creates or transfers a right over immovable property to be registered under Section 17 (1) of the Registration Act, 1908. In order to be legally valid, relinquishment deeds must be registered as well. An unregistered document cannot be used in courtroom disputes unless it is registered. The same conclusion was made in the case of Telugu Kishna Mohan vs Boggula Padmavathi & Others under Section 17 of the Code of Civil Procedure.
Registration of a relinquishment deed is required: Gujarat High Court
It is the responsibility of the Gujarat High Court to register all documents relinquishing property rights by July 7, 2021, as required by the Registration Act. High Court ruled that documents must first be registered before they can be considered relinquishment deeds. It was Roshanben Deraiya and Hasinaben Deraiya who wished to relinquish the ancestral land owned by their father, Haji Bhai Deraiya, in Shihor village in Bhavnagar, owned by Haji Bhai Deraiyaiyaiya. During the course of the HC’s decision, one of the sisters surrendered her right to family property owned by her late father’s estate in August 2010. Her father died in October 2010 and one of her sisters challenged the distribution of his estate to her three brothers in 2018.
In accordance with this document, which set aside the orders issued by the deputy collector, collector, and special secretary of revenue (appeals) which set aside this petitioner’s right to be a part of the court, the consent affidavit submitted by the petitioner does not constitute a relinquishment deed and cannot be interpreted to have revoked the petitioner’s right).