Regn. Relinquishment Deed

Manish Raj Verma (Querist) 09 December 2010 This query is : Resolved
Does the Relinquishment Deeds needs to be registered as per law with the office of Sub Registrar Office.
If yes, under what section it can be get registered under what act.
And what is the stamp duty payable upon it.

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Adv Archana Deshmukh (Expert) 09 December 2010
Yes, a relinquishment deed relinquishing the share in an immovable property is compulsorily to be registered with the sub-registrar as per the Registration Act.

A V Vishal (Expert) 09 December 2010
Section 17 of the Registration Act, 1908 lays down different categories of documents for which registration is compulsory. The documents relating to the following transactions of immovable properties are required to be compulsorily registered:

instruments of gift of immovable property.
lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.
Instruments which create or extinguish any right or title to or in an immovable property of a value of more than one hundred rupees.
Under Section 2(6) of the Registration Act, 1908 the term "immovable property" includes: "land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to any thing which is attached to the earth, but not standing timber, growing crops nor grass."

Hence registration of relinquishment deed is mandatory.

Further, regarding stamp duty you have not mentioned where the property is situated, since stamp duty may vary from one state to another.