sale deed registration charges

How to Draft a Relinquishment Deed and When It’s Required in Joint Family Property

April 13, 2025/in Blog /by legal-web-admin

🔍 Introduction

In many Indian families, especially those governed by Hindu personal laws, property is often held jointly—passed down through generations. But what happens when one legal heir decides to forgo their share in favor of another? That’s where a Relinquishment Deed comes into play.

In this blog, we at LEGAL ASSIST explain what a Relinquishment Deed is, when it is required, and how to draft one legally and effectively.

🧾 What is a Relinquishment Deed?

A Relinquishment Deed is a legal document used when a legal heir voluntarily gives up or releases their share in a jointly-owned ancestral or inherited property in favor of another co-owner (usually a sibling or parent).

This document is commonly used in cases involving:

Joint family properties
Hindu Undivided Family (HUF) properties
Inherited or intestate property (i.e., property of a deceased person who died without a will)

✅ When is a Relinquishment Deed Required?

A Relinquishment Deed becomes necessary in the following scenarios:

After the death of a property owner (intestate) – If the deceased has not left a will, their legal heirs inherit the property jointly. Any heir wishing to give up their share must execute a relinquishment deed.

Partition of Joint Family Property – If one heir is not interested in taking their share and wants the rest of the family to have full rights, a relinquishment deed can simplify the legal title.

Mutual family settlement – Families often use relinquishment deeds to avoid future disputes and streamline ownership.

Transfer without Sale – Unlike a sale deed, no money consideration is involved; it’s a voluntary act without coercion.

🖋️ How to Draft a Valid Relinquishment Deed

A properly drafted relinquishment deed must include these essential elements:

Title and Date

Clearly mention “Relinquishment Deed” as the title and the date of execution.

Parties to the Deed

Include the names, addresses, and relationships of:

The Releasor (person giving up the share)
The Releasee (person receiving the share)

Property Details

Provide complete and accurate details of the property, including:

Location
Survey number
Dimensions
Share being relinquished

Statement of Intention

A declaration that the Releasor is willingly giving up their share and has no further claims.

No Consideration Clause

Mention that this deed is being executed without any monetary consideration (if applicable).

Witness Details

Include signatures and details of at least two witnesses.

🏛️ Registration of Relinquishment Deed: Mandatory

Under the Registration Act, 1908, a relinquishment deed relating to immovable property must be compulsorily registered with the local sub-registrar office.

✔️ Documents Required:

Identity proofs of parties (Aadhaar, PAN)

Copy of title deed
Property tax receipts
Death certificate of the original owner (if applicable)
Legal heir certificate or family tree affidavit

💰 Stamp Duty:

Stamp duty varies from state to state. Generally, it is calculated on the relinquished share’s value, and women heirs often enjoy concessional rates in many states.

⚠️ Common Mistakes to Avoid

Using a simple affidavit or notarized letter instead of a registered deed
Not verifying the property title before relinquishment
Ignoring stamp duty compliance
Assuming oral relinquishment is valid—it’s not

👩‍⚖️ Conclusion

A Relinquishment Deed is not just a piece of paper—it’s a critical legal instrument that can affect the ownership and future of joint family properties. Whether you’re planning to draft one or need legal advice on family property distribution, it’s best to consult experts.

At LEGAL ASSIST, we offer end-to-end assistance in drafting, reviewing, and registering relinquishment deeds tailored to your family’s unique needs.

📞 Need Help Drafting a Relinquishment Deed?

Get in touch with LEGAL ASSIST today for expert legal support.

📧 [info@legalassist.co.in] | 📱 [+8700510442] | 🌐 [www.legalassist.co.in]

Gifting Love, Not Liability: Understanding Stamp Duty on Gift Deeds to Blood Relatives

October 6, 2024/in Blog /by legal-web-admin

When gifting property to loved ones, we want to share love, not financial burdens. However, stamp duty on gift deeds can add unexpected costs. In this blog, we’ll explore stamp duty implications on gift deeds to blood relatives, helping you make informed decisions.

What is Stamp Duty?

Stamp duty is a tax levied by state governments on property transactions, including gift deeds. It validates the document, ensuring authenticity.

Gift Deed to Blood Relatives: Exemptions and Concessions

Fortunately, many states offer exemptions or concessions on stamp duty for gift deeds to blood relatives:

Parents to Children: Fully exempt in most states.
Spouses to Each Other: Exempt or concessional rates apply.
Siblings: Some states offer reduced rates.
Grandparents to Grandchildren: Exempt or concessional rates in select states.

Stamp Duty Rates for Gift Deeds

Rates vary across states:

Range: 2-8% of property value.
Average: 4-5%.

Some states impose fixed rates:

Delhi: 8%

Documents Required

For gift deed registration:

Gift Deed Document
Identity Proofs (PAN, Aadhaar, passport)
Address Proofs (utility bills, bank statements)
Property Documents (title deed, property card)
Relationship Proof (birth certificate, marriage certificate)

Process and Timeline

Prepare Gift Deed: Consult a lawyer.
Pay Stamp Duty: Online or offline payment.
Register Gift Deed: Sub-Registrar office.
Timeline: Typically 15-30 days.

Tips and Reminders

Consult experts (lawyers, financial advisors).
Verify state-specific exemptions.
Ensure timely payment.
Keep documents safe.

It can be thoughtful to give property as a gift to loved ones. Understanding stamp duty implications helps you plan better.

By leveraging exemptions and concessions, you can minimize costs and maximize love.

Top Lawyers For Property Case in Delhi | sale deed registration delhi | Best Delhi Lawyers for Wills / Trusts

Additional Resources

For state-specific guidance:

Visit your state’s revenue department website.
Consult local experts.

Gift wisely, and spread love!

Understanding the Basics: Sale, Lease, and Mortgage Explained

August 29, 2024/in Blog /by legal-web-admin

When it comes to property transactions, terms like “sale,” “lease,” and “mortgage” are commonly used, but they can be confusing. Understanding the differences between these concepts is crucial for anyone involved in buying, renting, or financing property. Let’s break down these basic concepts in simple terms.

Sale: The Complete Transfer of Ownership

A sale is a transaction where the ownership of a property is fully transferred from one person (the seller) to another (the buyer). Once the sale is complete, the buyer becomes the new owner of the property, with all rights and responsibilities attached to it. The seller, in return, receives the agreed-upon payment, and their connection with the property ends. In simple terms, a sale is like buying something from a store—once you pay for it, it’s yours, and you can do whatever you like with it.

Lease: Temporary Use of Property

A lease, on the other hand, does not involve transferring ownership. Instead, it allows one person (the tenant) to use the property owned by another person (the landlord) for a specific period. Tenants pay rent to landlords during this time. The lease agreement outlines the terms, such as the duration of the lease, rent amount, and any rules for using the property. At the end of the lease term, the tenant must return the property to the landlord unless the lease is renewed. Think of a lease as renting a car—you can use it, but it doesn’t belong to you.

Mortgage: Securing a Loan with Property

A mortgage is a bit different. It’s a legal agreement where a property is used as security for a loan. When someone wants to buy a property but doesn’t have enough money, they can borrow from a bank or lender. The property itself serves as collateral, meaning that if the borrower fails to repay the loan, the lender has the right to take the property. In a mortgage, the ownership remains with the borrower, but the lender has a claim on the property until the loan is fully paid off. It’s similar to borrowing money with a valuable item as a guarantee.

Conclusion

Understanding the differences between a sale, lease, and mortgage is essential whether you’re buying, renting, or borrowing against a property. A sale transfers full ownership, a lease provides temporary use, and a mortgage secures a loan with the property as collateral. Each has its unique implications, so it’s important to choose the right option based on your needs.

Guide on Procedure before Sub-Registrar Office for registration of property documents

May 18, 2021/in Blog /by legal-web-admin

Process Flow diagram for Property Deed Registrar in e-Sub Registrar Offices in Delhi

STEPS FOR REGISTRATION

1. Please get your e-stamp paper of correct value prepared by visiting the nearest Stock Holding Corporation of India Ltd.(SHCIL) centre or their Authorised Collection Centre(ACC). The address of nearest SHCIL/ACCs can be checked on the website www.shcilestamp.com .

2. Please take appointment for visit to Sub-Registrar office on website of the Revenue Department (http://revenue.delhi.gov.in) or by approaching the Reception Desk/kiosk at the Sub-Registrar Office.

3. Please visit Reception at the appointed date & time alongwith your Appointment Slip/sms received in you mobile confirming the appointment/ computer generated appointment no. as reference.

4. Please obtain your Swipe Card from Reception to enter Facilitation Center. Loss of Swipe Card may result in denial of access to Sub Registrar office.

5. Please visit the Facilitation Counter in the hall when your token number is displayed on the screen.

6. Please present your documents to Facilitator. Follow strictly the suggestion of Facilitator if certain changes are required in your documents. Upon clearance by Facilitator, please wait for your turn for presentation before Sub-Registrar along with all the parties required to be present.

7. Upon acceptance by Sub-Registrar please proceed to the Biometric Division for finger printing & photographs. Collect your Receipt on completion of registration process.

8. Please exit from the Exit door using your Swipe Card. Drop the Swipe Card at designated place only.

9. Delivery of documents will be between 3 pm to 5 pm at Delivery Counter only.

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