• Relinquishment

Is it mandatory to register a Relinquishment Deed done amicably without any consideration? Is there any alternative mechanism eg NOC, MOU or family arrangement which avoids the cost, time and need for physical presence involved in registration?
Asked 4 years ago in Property Law
Religion: Hindu

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24 Answers

Registration of relinquishment deed is mandatory

2) un registered RD is in admissible in evidence

2) POA can be executed infavour of family member if releasor is unable to remain physically present

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Relinquishment Deed is a public document and registered in book no.1. It is a title document and requires registration. By using alternative mechanism you would face problem at the time of sale, mortgage, gift, etc. Any how, to get RD registered is economical. Physical presence of relinquishor and relinquishee before Sub Registrar for registration is valid proof of relinquishment of share of relinquishor in favour of relinquishee and it shows that both the parties are alive on the date of registration.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

1.If through the relinquishment deed a person is releasing share in the immovable property then getting such registered is mandatory.

2. So in that context no other instrument will do unless the same is registered on payment of stamp duty.

3. Unless a registered POA is given by the person his presence in registration of relinquishment deed is compulsory.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. A relinquishment without consideration is like a gift

3. You can take a Affidavit NOC from the concerned person. It can be notorised. This will bind him

4. But when you go to the authorities to mutate name of person in whose favour release is done, they may ask for a registered release deed

5. It will be better if you can throw some light on the transaction involved

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

This is my response to you:

1. The relinquishment deed has more value than an NOC or MOU;

2. The registration cost are maximum Rs.30,000/-;

3. Though you can execute a NOC or MOU or family settlement on stamp paper, get it notarized or franking;

4. Any deed which is registered will have more legal value;

5. So you can execute an NOC or MOU to save registration costs.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Yes it is mandatory to register the Release/Relinquishment Deed in the Sub Registrar's Office adequately stamped to recognise the Relinquishment rights of the Releasor in favour of the Releasee.

2. By executing a Release/Relinquishment Deed it becomes a legally valid document.

3. To avoid physical presence at the time of registration, the Realeasor can empower someone else to sign on his belief by executing a Power of Attorney.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

This is my further response to you:

1. When you say family arrangement do you mean a 'Family Settlement Deed'?

2. If yes, then was it registered?

3. Also does it state that you become the whole and sole owner of it?

4. If there was no 'Family Settlement Deed' then all three siblings continue to be the legal heirs of the property;

5. Therefore all three sibling will have to give their relinquishment deed in favour of the new buyer;

6. Or in your case, you can submit your NOC and an indemnity bond stating that you will not have further claim on this property;

7. This will instill confidence in your potential buyer that you have no share;

8. Also, make the mutation entry of one your sibling/s as the owner of the property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

It is essential to register RD

2) mere notarised RD or NOC is not sufficient

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

!) If flat is registered in your name with out NOC or relinquish deed of other siblings, How it come ?

2) At the time of registering your name you had not added other siblings name in that application otherwise registrar could have asked you Gift deed or relinquish deed.

3) Any how other party is ready to take flat from you than no need of taking permission from siblings.

4) YOu can ask your siblings to give NOC and registered that in the sale deed.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

No, this cost is exorbitant. Id costs is 5k then the all charges including professional fees should be within 20k.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Legal fees vary depending upon Lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

1. If the 'Family Settlement Deed' between the siblings is adequately stamped and registered in the jurisdictional Sub/District Registrar's Office and clear cut understanding/ approval from your siblings that through this Family Settlement Deed' they have released/Relinquishment their rights over the property in favour of their brother (you), then there is no need to execute separately a fresh Release/Relinquishment Deed in your favour. The registered 'Family Settlement Deed' would suffice.

2. Notarized document has no value and to be legally correct, it has to be adequately stamped and registered. Similarly NOC from other siblings would not suffice.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

RD is essential to be registered. Cost of stamps and registration, scanning, etc. are to be borne on actual. However, you can bargain for professional charges with the local advocates. By spending some money at this stage, you would become the owner of 2/3 rd property by virtue of RD read with original Sale deed executed in favour of your parents (because your share is in original sale deed).

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

Relinquishment required. The fee is reasonable.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

If your society is fine with NOC affidavits from your siblings, then take noc affidavits from them and submit to society

You need to keep in mind that as a nominee you do not become absolute owner of the flat. A nominee cant sell flat without consent of legal heirs

As per law a nominee stands only as a trustee for the legal heirs

So its essential that the flat be transferred to you not in capacity of nominee but as legal heir of original member with consent of other legal heirs ie your siblings

Address a letter to society informing that as part of a family arrangement between legal heirs of original member, you desire to have the flat absolutely transferred to you as owner and not as nominee and would be submitting noc consent affidavits of your siblings for the same

For registration, 30k goes to registration authority. 5k to agent and 5k for scanning, etc. Government eats away majority of the chunk. Now registration cost is enhanced to 1% of market value of flat

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Sir under registration act under section 17 for transferring any movable property vide any deed registration is mandatory to effect the transition.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The registration of RD is necessary along with payment of stamp duty at circle rate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See there are different rates at different place but 35000 fees for professional fees just for registration is high.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Is it mandatory to register a Relinquishment Deed done amicably without any consideration? Is there any alternative mechanism eg NOC, MOU or family arrangement which avoids the cost, time and need for physical presence involved in registration?

A. Yes. It is mandatory to register relinquishment deed and you'll have to bear it's legal cost. After it is registered it would be deemed as a legally valid document and can used for legal/revenue records too.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

However, in case of sale at a future date, potential buyers may need confirmation that there is no claim by other heirs. For this purpose is it essential to register a RD or is a notorised RD or NOC sufficient?

Answer. Relinquishment deed is a must which should be registered as well in order to make your title marketable.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Cost of registering RD is being quoted at Rs 40,000 in S Mumbai. Rs 5000 for actual cost of stamps, registration, scanning etc and the rest for 'Professional charges'. Is this cost reasonable?

A. Its not the higher side as per me, but then againprices of a lawyer differ from person to person.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

It is mandatory to register the relinquishment deed.

Without registration it is invalid.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Any transaction related to transfer of immovable property should be done by a registered document alone, otherwise the transaction will be invalid.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

There's no stamp duty payable for transfer of immovable property within blood relations.

You may confirm that from the local registrar's about this.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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