It is a legal document/instrument through which a legal heir gives up or releases his legal rights to inherit property that he inherited from his parents for another legal heir.
Co-owners relinquish their rights, titles, and interests in property for the benefit of the other co-owners when one relinquishment deed its share in the property. This enlarges the shares of the other co-owners.
What Are the Chances of Registering a Document at Someone’s Private Residence?
In Section 31 of the Act, there is a provision that authorizes the Registering Officer to attend the residence of any person wishing to present a Relinquishment Deed for registration, if there is special cause (for example, if the person is physically handicapped), and to accept the deed for registration, if the Registering Officer deems the particular cause shown to be sufficient.
Relinquishment Deed Challenge
A relinquishment deed may be revoked for similar reasons as revoking a contract (doesn’t have any consideration or price attached):
- Undue influence,
Any other similar grounds
Therefore, you cannot simply revoke a deed based on whims and wishes on any other grounds unless there is a lack of free consent.
The second requirement is that both parties give their consent to the cancellation, i.e., both the person who relinquished his property and the person in his favor. Nevertheless, you can apply for a cancellation of the deed to a civil court if the beneficiary refuses to do so.
According to the Limitation Act, challenges must be filed within three years of the infringement of the right.
Deed of relinquishment that is unregistered
Consequently, unregistered relinquishment deeds cannot be contested in court. Any transaction pertaining to immovable property shall be valid only when the deed is executed, registered, and registered fees are paid.
Under section 17 (1) b of the Registration Act, any document that creates or takes away a right regarding any immovable property must be registered. In section 49 of the Act, unregistered documents cannot be admitted to evidence and documents that are required to be registered must be registered under section 17 of the act are dealt with.
As registration is required for a relinquishment deed to be valid, its absence makes it invalid, so it can also be challenged and declared void. According to Section 17 of the Indian Registration Act, an unregistered relinquishment deed cannot be admissible as evidence for lack of registration in Telugu Kishna Mohan and Another vs. Boggula Padmavathi and Others.
Muslim Law and the Relinquishment Deed
Mulla’s “Principles of Mahommedan Law” chapter 6 deals with the concept of transfer of spes successionis, a concept also referred to as “renunciation of a chance of succession.” According to it, Mahommedan-heir parents cannot be subjected to a transfer or release of the estate.
- Spes Successionis is also addressed in section 6(a) of the Transfer of Property Act.
In Shehammal v. Hasan Khani Rawther, the Supreme Court explored the applicability of the concept of ‘Spes Successionis’. The Court faced two important questions:
- It has been argued that a deed of relinquishment executed by an expectant heir may be regarded as estoppel with respect to a claim that might open upon the death of the owner.
- In case a Muslim fails to acquire title to the property, can he relinquish his right of Spes Successionis through a Family Settlement.
The Court in this case, watered down the concept that the chances of a Mohammedan heir-apparent succeeding to an estate cannot be the subject of a valid transfer on lease. In cases where the concerned party himself chooses to depart from the earlier views, it is possible for a party to renounce an expectancy in respect of a future share in a property to be legally valid, as well. According to the court, renunciation implies giving up a right already vested in a person, as stated in the case Mt. Khannum Jan v. Mt. Jan Bibi. For example, renunciations of shares by a daughter during her mother’s lifetime would be null and void because she does not have the right to inherit the property before she dies.
Courts have, however, held that every expectant heir can be part of a course of conduct that will impair his or her ability to claim the inheritance when it has accrued”
In regards to the question of whether they can relinquish the right of spes succession is through a family settlement, the Courts noted that while family arrangements are designed to prevent future conflicts within the family, the concept of a family settlement is too broad to allow it to be relinquished.
As in the case of Gulam Abbas, the Courts did point out a few exceptions, such as accepting a future share as consideration. The doctrine of spes succession states that if consideration for a future share is accepted, it may act as an estoppel against the expectant heir’s claim to any share in the deceased’s estate.
- What are the Uses of Relinquishment Deed?
- How Do I Register a Relinquishment Deed?
- What is the Purpose of Relinquishment Deed?