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tejinder sethi   20 August 2025

Relinquishment of property

My father died inestate and property transferred to mother's name by way of nomination. We are 3 sister's and 1 brother. During his lifetime my father had taken plain affidavit for relinquishment of property from all of us. This is notarized but unregistered and does not specify the name of recipient in whose favour the property is to be transferred. Is this sufficient or we have to make a proper relinquishment deed which should be registered in the sub registrar office for relinquishment of our rights in the property in favour of any one coparcener.

Please advise.



 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     20 August 2025

Obtain your father's death certificate and legal heir certificate from the concerned authorities. You and your siblings may relinquish your shares in favour of your mother.

T. Kalaiselvan, Advocate (Advocate)     20 August 2025

This affidavit on a plain paper is not a legally valid document to transfer the rights of the shareholders' in the property.

It should be properly executed by a registered document by paying the applicable stamp duty. 

tejinder sethi   20 August 2025

Plain affidavit is on stamp paper duly notarized but unregistered. 

T. Kalaiselvan, Advocate (Advocate)     22 August 2025

Any transaction involving an immovable property is to be executed mandatorily by a registerd document only as per the provisions of the section 17 of the Registration Act.

Therefore the unregistered affidavit or any  unregistered document is not considered as legally valid document to recognise the relinquishment of rights by the parties concerned.


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