RELINQUISHMENT DEED (HAQ TYAG)

Release of an undivided share by a co-owner in favour of the other co-owners

This Relinquishment Deed is made at __________ on __________, in respect of immovable property situated in __________.

BETWEEN

__________, __________, aged about __________ years, resident of __________

(the "Releasor", which expression includes the Releasor's heirs, executors, administrators, legal representatives and assigns) — of the FIRST PART;

AND

__________

(collectively the "Releasees", namely __________, which expression includes their respective heirs, executors, administrators, legal representatives and assigns) — of the SECOND PART.

The Releasor and the Releasees are together called the "Parties".

RECITALS

A. The Parties are among the co-owners of the immovable property described in the Schedule to this Deed (the "Property"). The Property is __________. Each of the Parties holds an undivided share in the Property, the Property has not been divided between them by metes and bounds, and no partition, takseem, demarcation or other proceeding in respect of the Property is pending before any court or revenue officer.

B. The Releasor and the Releasees are __________.

C. The Parties became co-owners of the Property by way of __________, and the Property is, in the hands of the Parties, __________.

D. The Releasor holds an undivided __________ share in the Property.

E. Of the Releasor's own free will, and after understanding the effect of doing so, the Releasor has agreed to release and relinquish in favour of the Releasees an undivided __________ share in the Property, being __________ (the "Released Share").

NOW THIS DEED WITNESSES AS FOLLOWS

1. Release

In consideration of the matters recorded in Clause 2 of this Deed, the Releasor hereby releases, relinquishes, renounces, surrenders and gives up unto the Releasees, absolutely and for ever, the whole of the right, title, interest, share, claim and demand of the Releasor in and to the Released Share, together with all rights of possession, easements, watercourses, rights of way, privileges and appurtenances attaching to it, TO HAVE AND TO HOLD the same unto the Releasees as full and absolute owners.

2. Consideration

2.1 This release is made in consideration of __________.

2.2 Save for any sum whose payment and receipt are expressly recorded in this Clause 2, no consideration of any kind has been agreed, promised, paid or received by the Releasor for this release. Where no such sum is recorded in this Clause 2, this release is made without any monetary consideration whatsoever.

3. Vesting

Upon this Deed being registered, the Released Share shall vest, with effect from the date of execution of this Deed, __________, and the share of each Releasee in the Property shall stand enlarged accordingly.

4. Extent and effect of this Deed

4.1 This Deed operates only upon the Released Share. Any share, right or interest in the Property that is not comprised in the Released Share is unaffected by this Deed and remains with the person entitled to it.

4.2 This Deed is a release by a co-owner in favour of persons who are already co-owners of the same Property. It is not, and shall not be construed as, a sale, gift or transfer in favour of any person who is not already a co-owner of the Property.

4.3 This Deed does not effect a partition of the Property by metes and bounds, does not amount to a takseem, and does not by itself entitle any person to exclusive physical possession of any identified portion of the Property.

5. Possession

__________

6. Covenants of the Releasor

The Releasor covenants with the Releasees that:

(a) the Releasor is the lawful owner of the Released Share and is fully competent and entitled to release it;

(b) the Released Share is free from any mortgage, charge, lien, gift, sale, agreement to sell, lease, licence, attachment, injunction, court or revenue court order, or other encumbrance created or suffered by the Releasor;

(c) the Releasor has not entered into any agreement or arrangement with any person, and has not executed any power of attorney, for the sale, gift or transfer of, or the creation of any interest in, the Released Share;

(d) to the best of the Releasor's knowledge, no suit, appeal, revision, mutation objection, acquisition or requisition affecting the Released Share is pending or threatened; and

(e) all land revenue, cesses, ground rent, property tax, water and electricity charges, society or authority dues and other outgoings attributable to the Released Share up to the date of this Deed have been paid, or shall be paid, by the Releasor.

7. Irrevocability

This release is absolute, unconditional and irrevocable. Once this Deed is registered, the Releasor shall have no right to revoke, cancel, recall or withdraw it, wholly or in part, and any purported unilateral revocation shall be void. This Deed may be cancelled or varied only by a further deed executed and registered by all the Parties, or by an order of a competent court.

8. No further claim

The Releasor shall not at any time hereafter claim any right, title, interest, share, possession, partition, maintenance, rent, batai, profit or benefit in respect of the Released Share, whether personally or through any person claiming under or through the Releasor, and shall raise no objection in any mutation, transfer or other proceeding by which the Releasees seek to have the Released Share recorded in their names.

9. Indemnity

The Releasor shall keep the Releasees indemnified against every loss, cost, damage, expense and claim that the Releasees may suffer or incur by reason of (a) any breach of the covenants in Clause 6, or (b) any claim to the Released Share made by any person claiming through, under or in trust for the Releasor.

10. Further assurance, mutation and public records

10.1 The Releasor shall, whenever reasonably required and at the cost of the Releasees, sign, execute and deliver every application, affidavit, indemnity bond, no-objection and other document, and appear before any revenue officer, Estate Officer, development authority, housing board, municipal body or utility, as may be necessary to have the Releasees recorded as owners of the Released Share and to perfect the Releasees' title.

10.2 The Releasees shall apply for the recording of the Released Share in their names before __________, and the Releasor shall cooperate in that application and shall appear before that authority if called upon to do so.

10.3 The Parties record that recording the Released Share in a public record does not by itself create or extinguish title. An entry in a jamabandi or other annual record is presumed to be true only until the contrary is proved, and an aggrieved person's remedy is a suit for a declaratory decree — sections 44 and 45 of the Punjab Land Revenue Act, 1887, which applies in the Union Territory of Chandigarh as it does in Punjab. An entry in the record of an Estate Officer, a development authority, a housing board or a municipal body likewise follows the registered deed and does not replace it. This Deed, once registered, is the instrument by which the Released Share passes.

11. Declarations of the Parties

11.1 Each Party is a major, of sound mind and competent to contract, and executes this Deed of their own free will, without any coercion, undue influence, fraud, misrepresentation or pressure.

11.2 The Releasor has understood the nature and the consequences of this Deed, and in particular that the Releasor is permanently giving up the Released Share with no right of return, and has had the opportunity to obtain independent legal advice.

11.3 The Released Share belongs to the Releasor alone, and no part of it belongs to a minor or to a person of unsound mind. Where the Hindu Minority and Guardianship Act, 1956 applies, the Parties are aware that a natural guardian cannot dispose of a minor's share in immovable property without the previous permission of the court under section 8 of that Act.

11.4 Where the Parties are governed by Hindu law, they are aware that under section 6 of the Hindu Succession Act, 1956 as amended with effect from 9 September 2005 a daughter of a coparcener is a coparcener in her own right by birth, and they confirm that every person entitled to a share in the Property has either joined this Deed or retains that share unaffected by it.

11.5 The Parties confirm that the description of the relationship between them in Recital B, the description of the character of the Property in Recital C and the value stated in Clause 12.1 are true, and they are aware that any remission of or exemption from stamp duty claimed on the strength of those descriptions depends upon their being true.

12. Value, stamp duty, registration and costs

12.1 Valuation. The Released Share is valued at __________, being the value on which the stamp duty and the registration fee on this Deed have been computed. That figure is the higher of any consideration recorded in Clause 2 and the Collector rate applicable to the Released Share, and it is the value of the undivided share released by this Deed and not of the whole of the Property.

12.2 The Parties acknowledge that this Deed transfers an interest in immovable property, that it is compulsorily registrable under section 17(1)(b) of the Registration Act, 1908, and that until it is registered this Deed does not affect the Property and cannot be received in evidence of the release under section 49 of that Act.

12.3 The Parties shall present this Deed for registration before the Sub-Registrar having jurisdiction over the Property, within the four months allowed by section 23 of the Registration Act, 1908.

12.4 All stamp duty, registration fee, pasting fee, mutation fee, facilitation charges and incidental expenses of the execution and registration of this Deed shall be borne by __________. This clause governs the cost of executing and registering this Deed only; the cost of the acts of further assurance to be done after registration is borne by the Releasees under Clause 10.1.

13. Miscellaneous

13.1 This Deed records the entire arrangement between the Parties in respect of the Released Share and supersedes all earlier oral or written understandings about it.

13.2 If any provision of this Deed is held to be invalid or unenforceable, the remaining provisions shall continue in full force.

13.3 This Deed has been read over and explained to each Party in a language understood by that Party, and each Party has signed it after understanding its contents.

14. Governing law and jurisdiction

This Deed is governed by the laws of India. Subject to section 16 of the Code of Civil Procedure, 1908, under which suits relating to immovable property must be instituted where the property is situated, the courts at __________ shall have jurisdiction over any dispute arising out of or in connection with this Deed. Nothing in this clause affects the exclusive jurisdiction of a revenue officer, the Estate Officer or any other statutory authority over a matter which that authority alone may decide.

SCHEDULE — DESCRIPTION OF THE PROPERTY

__________

Undivided share held by the Releasor: __________

Undivided share released by this Deed (the Released Share): __________

Value of the Released Share, for stamp duty and the registration fee: __________

IN WITNESS WHEREOF the Parties have signed this Relinquishment Deed at __________ on __________, in the presence of the witnesses named below.

RELEASOR

Signature / thumb impression: ______________________________

Name: __________

Photograph affixed: ☐

RELEASEES — __________

(each Releasee to sign; strike out or add lines as required)

(1) Signature / thumb impression: ______________________________ Name: ______________________________

(2) Signature / thumb impression: ______________________________ Name: ______________________________

(3) Signature / thumb impression: ______________________________ Name: ______________________________

WITNESSES

Witness 1 — Signature / thumb impression: ____________________ Name: ____________________ Father's / Husband's name: ____________________ Address: ____________________ Designation or standing (Lambardar, Sarpanch, Member Panchayat, municipal councillor, gazetted officer or advocate): ____________________ ID produced: ____________________

Witness 2 — Signature / thumb impression: ____________________ Name: ____________________ Father's / Husband's name: ____________________ Address: ____________________ ID produced: ____________________

Note for execution, not forming part of this Deed: settle the stamp duty at the counter before this Deed is printed, and take the figure from the office that governs the property. For property in Punjab that is the Sub-Registrar of the tehsil in which the property lies, or the Collector of Stamps in the office of the Deputy Commissioner. For property in the Union Territory of Chandigarh it is the Sub-Registrar, U.T. Chandigarh, 30 Bays Building, Ground Floor, Rooms 1 and 2, Sector 17. Print the Deed on stamp paper of the value so settled, or annex an e-stamp certificate. All parties and both witnesses must attend in person with original photo identification, and the Deed must be presented for registration within four months of the date of execution. In the Union Territory of Chandigarh only: a transfer deed of freehold urban property is presented in triplicate, with photographs of the executants and claimants affixed on every copy, and that Sub-Registrar takes presentations between 12 noon and 1 pm and registers between 3 pm and 5 pm. Registration is only half the job: apply immediately afterwards for the mutation or transfer named in Clause 10.2, and keep the registration receipt, because for a property carried on a jamabandi the record does not change on its own.