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Deeds and agreements · Differences

Relinquishment deed vs Gift deed

A relinquishment (release) deed is used by a co-owner, typically an heir, to give up their share in favour of the other co-owners. A gift deed can transfer property to anyone. Both must be registered; stamp duty on each is set by the state.

Side by side

FactorRelinquishment deedGift deed
Who can receiveOnly existing co-ownersAnyone
Typical useHeirs consolidating inherited property in one namePassing property to family or others
What is transferredThe releasor's undivided shareThe whole property or a share
ConsiderationWith or without paymentNone
RegistrationCompulsoryCompulsory
Stamp dutySet by the state; often concessional within familySet by the state; often concessional within family
Can be revokedGenerally no, once registeredOnly on narrow grounds

When Relinquishment deed matters

Use a relinquishment deed when, say, siblings inherit a flat jointly and all but one give up their shares to the one who will keep it.

When Gift deed matters

Use a gift deed when the person receiving is not already a co-owner.

In more detail

A release in favour of someone who is not a co-owner is not a relinquishment and may be treated as a gift or a sale. Choose the deed that matches the facts.

After registration, apply for mutation so the municipal and revenue records show the single owner.

Stamp duty by state →

Common questions

Can I relinquish my share to a non-co-owner?

Not by a relinquishment deed. A transfer to someone outside the co-owners is a gift or sale.

Is a relinquishment deed compulsory to register?

Yes, a deed giving up a right in immovable property of the value set by law must be registered.

Can payment be made for relinquishment?

Yes. A co-owner may release a share with or without payment; the deed should record which.

Sources

  • Registration Act, 1908, section 17
  • State stamp acts

A plain-language summary, not legal or tax advice. Rules set by states differ and change; check the current position for your property.

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