Relinquish deed provisions

Daughters have an equal rights over the ancestral property, if the daughter she herself can release/relinquish her rights over the property/properties.  The stamp duty and registration fees shall be leviable on the value of the share.

The proposition is substantially correct, but requires qualification.

Under Section 6 of the Hindu Succession Act, 1956, as amended in 2005, a daughter is a coparcener by birth in Mitakshara coparcenary property and has the same rights as a son. This position was conclusively affirmed by the Supreme Court in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Therefore, a mere transfer deed executed by one heir/coparcener cannot automatically extinguish the daughter's existing coparcenary right, particularly if the transferor had no exclusive title to the entire property.

However, this principle does not apply to every property. If the property is self-acquired/separate property, or if there has already been a valid partition or legally effective alienation, the position may be different.

A valid registered relinquishment/release deed executed voluntarily by a daughter/coparcener in respect of her existing share can extinguish or release her interest, subject to the applicable stamp and registration laws.

Hence, the correct position is: the nature of the property and title of the transferor must first be determined; a transfer deed cannot, merely by its execution, be presumed to extinguish an existing daughter's coparcenary rights.

A daughter has equal right in the intestate ancestral property of father in terms of Section 6A of Hindu Succession Act, 1956. However, she may release it to any co-sharer or gift/ sale her share through an appropriate registered deed.

However, your query is not clear.

What are the facts? What is the context?

Since a daughter acquires her right by birth, the father (or any other coparcener) does not own 100% of the joint ancestral property. A transfer deed or Will executed by one member is valid only to the extent of that individual's undivided share. It cannot extinguish or transfer a daughter’s independent, preexisting share.

A birthright does not apply to a father’s self-acquired property during his lifetime. He holds absolute ownership and can transfer or bequeath it to a single heir via a registered Transfer Deed or Will without requiring the daughter’s consent. 

A daughter can voluntarily give up her coparcenary share in ancestral property by executing a Registered Relinquishment (Release) Deed before the Sub-Registrar.

When a property is being transferred to a single heir, a registered Relinquishment Deed executed by the daughter (releasing her share) ensures that the transferee gets a clear, unencumbered title. A mere unilateral transfer deed by someone else cannot eliminate her right; she must explicitly release her share herself.

Any unilateral transfer or Will executed by a family member to a single heir is legally invalid to the extent that it attempts to convey the daughter's undivided coparcenary share.

The only legally binding way to eliminate a daughter's birthright in ancestral property is if she herself executes a Registered Relinquishment Deed or if a formal, legally recognized partition took place prior to December 20, 2004