• Relinquish deed

Hi,
 We are 3 brothers. We two are living in Punjab and another is living in abroad. We have a society plot in Pune Maharashtra. This plot was on my father name and thus an inherited property. After my father death , the plot was transferred to my mother name. My mother was nominee and she transferred plot to my brother who lives in abroad without taking our concent. He has already registered the plot on his name in municipality.
We want to settle all property matters and my brother is asking for Relinquish deed from me, my brother in India and my mother.

Questions -
1. Do we have to travel to Pune to fill and sign relinquish deed ?
2. Can we sign the relinquish deed in Punjab also so that we don't have to travel. If yes, what is the procedure.
3. Since mother has already transferred plot on his name which he registered. Do she also need to execute a relinquish deed ?
4. Once we sign relinquish deed , can we claim any part of property OR can it be voided forever ?
5. What is the approximately fee to execute a relinquish deed. 
6. The cost of the plot is Rs 55 lakh
7. What forms , affidavits shall be filled to relinquish deed ?
8. Can he execute his part of relinquish deed ( for some other property ) in our favor from abroad and will that be valid ?
9. Can there be any litigation later on even if the relinquish deeds are executed ?
Asked 12 months ago in Property Law from United States
Religion: Hindu
The property is belonging to your father, after the demise of your father all the legal heirs are become the absolute owner of the property and have a share in the property.

2. Now you want to release your right, then you have to execute release deed before the Sub-Registrar in Pune in favour of your brother or mother.

3. If you unable to travel then execute General Power of Attorney in favour of your mother or brother to represent on behalf of you for executing the Release deed.

4. Once you execute release deed you can't claim your share in the property.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) relinquishment deed has to be registered in Pune where the property is situated 

2) you can execute POA in favour of relative authorising him to execute relinquishment deed on your behalf 

3) mother need not execute relinquishment deed 

4) you cannot claim any share in property once you have relinquished your rights 

5) legal fees vary . for exact stamp duty your lawyer will guide you  . registration charges would be around rs 30,000 

6) your lawyer will draft the relinquishment deed . you need not worry 

7) your brother will have to come to India or give POA to family member to execute RD 

8) in order to create problems any relinquisher can file suit but chances of success would be bleak 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1. It is not an inherited property if your father died intestate.

2. You can execute a GPA in favour of your brother to authorize him to execute the relinquishment for and on your behalf. By doing this you can avoid personally travelling to Pune to register the relinquishment deed. The said GPA will have to be registered before the sub-registrar.

3. In the absence of a relinquishment deed from other heirs your mother could not have transferred the entire property to him. So she also needs to make a deed to relinquish her share.

4. Once the relinquishment deed is executed and it is unconditional it will be irrevocable.

5. Get the deed drafted by your lawyer. The stamp duty will have to be paid in accordance with the prevailing law in the state. 

6. Litigation is most unlikely after the shares are relinquished unconditionally. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Yes or else you can give POA in favour of your family member who will execute the deed.
2. No, you can not.
3.Yes if the plot goes to your brother. if it retains by her then only brothers need to make such deed.
4. The relinquish deed will end your share in the particular property mentioned in the deed. Your share remains in respect of other properties which are not mentioned in the deed.
5. stamp duty differs from state to state.
6.same as above
7. contact a lawyer to do so.
8.No or read reply no.1.
9.no
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. & 2. You shall have to sign the Deed before the Registrar while registering the same for which you shall have to travel to Pune,

3. You mentioned "After my father death , the plot was transferred to my mother name. My mother was nominee and she transferred plot to my brother". How was the property transferred in favour of your mother? Was there any  Deed or will in favour of your mother conveying the title of the property in her name? If not then she also shall have to execute and register the relinquishment deed,

4.No. Once you execute and register the relinquishment deed, you relinquish your claim on the property for ever,

5.& 6.Registration charge varies from state to state and yu can find it out from your local registration office,

7.Engage a lawyer who will draft a Relinquishment Deed which you shall have to execute and register before the Registrar at Pune,

8.Yes, but he shall have to get it registered before the local Indian Consulate. Without registration no deed of conveyance is valid as per Indian Registration Act,

9.If the deeds are registered then the ownerships will be absolute.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
The property left intestate by your father shall devolve equally on all his legal heirs, therefore all of you three brothers and your mother shall be entitled to 1/4th share each in the property.
Now o your questions:
1. Do we have to travel to Pune to fill and sign relinquish deed ?
The relinquishment deed executed jointly by all other heirs in favor of one of the heirs is to be registered before the registrar's office within the jurisdiction where the property situates. 



2. Can we sign the relinquish deed in Punjab also so that we don't have to travel. If yes, what is the procedure.
No, you have sign the registered deed where the property is situated.


3. Since mother has already transferred plot on his name which he registered. Do she also need to execute a relinquish deed ?
Your mother cannot the entire property on your brother's name, because she has no rights to transfer the entire property, she has marketable title and interest only to the extent of 1/4th  her share in the property.


4. Once we sign relinquish deed , can we claim any part of property OR can it be voided forever ?
You will lose all your rights or interests in the property once you execute a registered release deed relinquishing your rights in the property.

5. What is the approximately fee to execute a relinquish deed. 
In Maharashtra there is no stamp duty for transfer of properties within blood relatives.  You have to bear Rs. 500/- towards the registration charges. 

6. The cost of the plot is Rs 55 lakh
7. What forms , affidavits shall be filled to relinquish deed ?
Consult a local document writer who will take care of all the requisite formalities in this regard.


8. Can he execute his part of relinquish deed ( for some other property ) in our favor from abroad and will that be valid ?
He cannot do so from abroad, he can give POA to anyone who will be able to execute the same on his behalf in India. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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