When to use a release deed
When a person dies without a will, the property passes to all legal heirs together. If the family agrees that one heir should own it, the others can sign release deeds in that heir's favour. This keeps the title clean for sale or a bank loan later.
A release can only be made in favour of a person who already co-owns the property. To transfer a share to someone outside the co-owners, use a gift deed or sale deed.
Registration and documents needed
A release of a share in immovable property worth ₹100 or more must be registered (Section 17(1)(b), Registration Act). An unregistered release does not affect the share.
- Death certificate of the deceased owner.
- Legal heir certificate or succession certificate, or a family tree affidavit, as the State requires.
- Title deed of the deceased and latest tax receipt.
- ID proof and photographs of both parties and two witnesses.
Can a release deed be cancelled?
A registered release cannot be undone by one party. It can be set aside only by a court, for example if it was obtained by fraud, coercion or misrepresentation. A suit to cancel an instrument must generally be filed within three years of learning the facts (Article 59, Limitation Act).
Frequently asked questions
Is a relinquishment deed compulsory to register?
Yes. It must be registered with the Sub-Registrar where the property is located.
Can I release my share to my cousin who is not a co-owner?
No. A release works only in favour of an existing co-owner. Use a gift or sale deed for anyone else.
Is stamp duty lower for family releases?
Most States charge a fixed or concessional duty for releases between family members. Check your State schedule.
Is the person releasing taxed?
If no money is received, there is generally no capital gain for the releasor. If consideration is paid, it may be treated as a transfer for capital gains. Take tax advice.
Related formats
Official sources
- Transfer of Property Act, 1882 — India Code
- Registration Act, 1908 — India Code
- Indian Stamp Act, 1899 — India Code
- Hindu Succession Act, 1956 — India Code
This page gives general information, not legal advice. Forms, fees and timelines are set by each State and can change — confirm on your State portal before applying.