Can relinquishment deed be issued for 2 out of 5 legal heirs

609 votes

Absolutely, the relinquishment in respect of one's right can be done any time, meaning thereby, X can relinquish his share in property "P" on 01.01.2016. Y in respect of his share in the same property "P" can relinquish his share on any other date. But at the time of registration of the relinquishment deed, one need to be in person before the Registrar. Though there is provision of registration of any deed in any state, yet what to necessary to see in matters of Property is- whether there is any provision which will bar the transfer of rights in property on the ground of registration of relinquishment deed in a state, different from the state where the property is located.
So it would be better if an NOC is also procured from the relinquisher to the effect that he has no objection if the said property is transferred in revenue records, or any other department's record in the name of relinquishee.

Advocate Lata Lochav LawRato

545 votes

Hi, it is very much possible that only few of the co-owners execute a relinquishment deed with respect to their respective undivided shares. However, the said relinquishment deed is capable of being registered only at such place where the property, with respect whereof the rights are sought to be relinquished, is situated. Consultation advised.

Advocate Puneet Kumar Agarwal LawRato

591 votes

Yes it is possible. Two member out of five can relinquish their rights/claims in a property as per third own wish. The balance/ remaining portion of the property can further be divided amongst other legal heirs during later stage as well. It is important and mandatory for them to appear in Court for relinquishing their claim/share.

Advocate Anuj Sehrawat LawRato