In legal terms the name of the deed is not important it's averments and intention is more important. If the same matches in both deeds your work is done
Disclaimer deed / relinquishment deed
I am intending to buy a property in Delhi. The property was mutated( vide substitution letter in 1999 ) by DDA , after death of agreement holder in 1998 - he died intestate- in the name of his 3 sons on the basis of unregistered ( only notarised ) relinquishment deed executed by all 6 legal heirs ( 3 sons, wife, 2 daughters) and subsequently conveyance deed was executed by DDA in favour of the 3 sons in 1999. Since the 1999 relinquishment deed , on whose basis mutation and freehold conveyance was effected by DDA in 1999, is unregistered it has no legal value ( I don’t know how DDA accepted it !)- now sellers are., on my insistence, willing to execute registered Disclaimer deeds by 2 sisters and the mother ( who are ready to do so ). They say since property is already freehold they can’t register Relinquishment Deed ( maybe Sub Registrar is objecting) - maybe they want to avoid stamp duty if they execute Release Deed - so they are offering to execute Disclaimer Deeds before Sub Registrar. I basically want clear and marketable title which future purchasers ( who buy from me if I purchase this property) will gladly accept. Are these registered Disclaimer Deed by the other legal heirs , if they can execute them and get them registered, sufficient for protecting my interest and title? Is there any significant legal difference in Relinquishment deeds and Disclaimer deeds, other than nomenclature ? Thanks
Asked 3 years ago in Property Law
Religion: Sikh
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4 Answers
You need registered relinquishment deed for relinquishment of shares by other legal heirs to get clear and marketable title to property
How far this disclaimer deed would be valid in the eyes of law is not known because it may not be a legally recognised deed to confirm the relinquishment of the said shareholders.
Instead they can execute a registered ratification deed towards the registered sale deed tht will be executed by the current owners/shareholders mentioning the previous unregistered relinquishment deed in the ratification deed.
Dear Client,
Relinquishment deeds are legal documents by which a person can give up on his or her legal rights over a property to someone else with their consent. On the other hand, a deed of release, also known as a deed of reconveyance is a legal document used to renounce one’s claims against a specified property. A deed of release can be said to completely release the parties from the previous obligations. One cannot find a major difference between the two. The context of using the terms may vary at times but the actual meaning of the two terms (relinquishment deed and release deed) are fundamentally the same.Legal documents which allow a person to give up, on his or her legal rights over a property to somebody else are known as relinquishment deeds. The person gives up the property with their consent. Whereas, a deed of reconveyance, also known as the deed of release, is a legal document which is used to relinquish someone’s claim over a property. To release the parties from any previous responsibility, a deed of release can be used to initiate the release. Even though there is no major difference between the two, still the meaning of both the terms may vary when used in a legal context.For example, when a person dies without any will, and his property is given to his legal heir (two daughters). In case one of the two daughters decide to transfer her rights over the property to her sister due to any reason. In this case, the right to transfer will be known as the relinquishment deed. In a situation of relinquishment, the other person, to whom the deed is being transferred, should also be interested in taking the property. The person is then required to complete the consent after taking up the entire share of property transferred to him or her.However, if the other person does not accept the deed of relinquishment, then it cannot be legally forced on them.Also, the relinquishment deed can only be implemented towards the members of the deceased person. In some rare cases, it might be transferred to the co-owner of the property, but no one other than them.
Thanks & Regards
