Is Release Deed and Settlement Deed same?
26-Jun-2023 (In Property Law)
1. Release Deed vs. Settlement Deed
-
Release Deed: Generally used when one co-owner (releasor) releases their share in a property to another co-owner (releasee). It’s often executed without consideration (no money involved), usually among family members.
-
Settlement Deed: A broader instrument to settle property rights among family members or parties — it can involve creating new rights, distributing property, or resolving disputes.
They’re not exactly the same. A release is narrower — it merely extinguishes one person's right in favor of another, while a settlement can allocate or create new rights.
2. Validity of a Release Deed without Releasee’s Signature
Under Tamil Nadu Registration practices and general property law principles:
-
The release deed is primarily executed by the Releasor(s).
-
They are the ones giving up their rights, so their signature, photo, and fingerprint are mandatory.
-
-
The Releasee (the person receiving the property) is not executing the document — they are only the beneficiary.
-
Your signature is not mandatory because you are not conveying any right, only receiving it.
-
-
Registration under the Indian Registration Act, 1908 focuses on validating the intent of the executants (Releasors), not the claimant (Releasee).
Since:
-
All Releasors signed the deed,
-
The Sub-Registrar registered it, and
-
Your name is showing as a claimant in the Encumbrance Certificate (EC),
→ The deed is valid even without your signature, photo, or fingerprint.
3. Why you didn’t sign or give biometrics?
-
In Tamil Nadu, typically only executants (the Releasors) are required to give thumbprints, photos, and signatures during registration.
-
Claimants/Releasees are not always asked to sign, unless you were also joining as an executant or witness.
Conclusion
-
Your registered Release Deed is valid.
-
The lack of your signature, photo, or fingerprint does NOT affect validity, because you are not an executant.
-
Since it’s reflected on the EC, it confirms that the Sub-Registrar has recognized you as the absolute owner of that share.
Â
42+
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Ravi Jaiswal
I think, A relinquishment deed among family members, carrying a consideration amount is not necessarily a sale deed
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
181+ Lawyers are online
