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Sanjay G   17 November 2017

Relinquishment of rights

Hi, I am a joint or co owner with my mother in a property purchased in 2013 . Both my parents are no more . I have an elder brother who was gifted another property and now wants to relinquish his share in my favor . I have few queries 1) What is better relinquishment of rights or Gift deed 2) I read if Gift deed is done between blood relation then stamp duty is very nominal and not a huge amount . Is this true ? 3) if it is not true then would Recording of memorandum of family agreement would be enough where we won't have to pay stamp duty ? Please advise . sanjugajria@gmail.com


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 3 Replies

G.L.N. Prasad (Retired employee.)     18 November 2017

1.Any person who received the gift is entitled as absolute owner of the property.

2)It is true that gift deed registration and stamp feel are nominal when compared with actual registration fee in case of blood relations.

3.Even if memorandum or agreement is entered it should be registered.

Relinquishment deed is proper in your case.   Contact local advocate for more details on facts.

Sanjay G   14 October 2018

will i need a succession certificate or legal heir certificate? what is the difference between the two

G.L.N. Prasad (Retired employee.)     14 October 2018

From where did you get this Succession Certificate and Legal heir certificate as you have not posted this in your first post.

Legal Heir certificate has to be issued by Revenue Authorities, Tehasildar mentioning the list of legal heirs of deceased and the time frame is maximum one month.  For settlement of smaller value transactions like SB , value of deposits less than Rs.50,0000/- this is sufficient.

Succession certificate is issued by Court confirming the true legal heirs  in case of high value properties.  One has to apply to court and minimum of 6 months may be taken for getting such certificate through Advocate.

Your query is not related to these fresh queries.  Your query is either as gift (in case of self acquired property) or family  settlement deed in case of relinquishment of property.


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