Relinquishment Deed (Haq Tyag)

स्टाम्प ड्यूटी

Article 55, Schedule I-A, Indian Stamp Act 1899 (not Article 23 conveyance) — only because every Releasee is already a co-owner; Punjab and Chandigarh share the article number and nothing else. PUNJAB: duty is remitted IN WHOLE on a lifetime transfer to a "blood relation" — defined by Order S.O.28/C.A.2/1899/S.9/2014 (7 May 2014) as children, grandchildren, brothers and sisters ONLY. A brother releasing to his brother is inside it; a daughter releasing to her widowed mother is not (no parent named) — confirm with the Sub-Registrar first. Outside the remission, Punjab publishes no Article-55 rate — get it from the Sub-Registrar or Collector of Stamps, and ask whether the cess and the two infrastructure levies apply to a release where no money passes. Valuation base: consideration or the Collector Rate (revised annually, 1 April), whichever higher. State the Released Share's value (Clause 12.1) or the Collector of Stamps values it himself and can reopen it. Pasting fee Rs 200. CHANDIGARH: the published table exempts a blood-relation transfer deed from duty (registration fee still 1%, capped Rs 10,000, plus Rs 20 pasting). The Collector's own calculator adds two unpublished lines: a simple release at Rs 15 (plus Rs 50 registration), and an UNANCESTRAL release at 8% inside the Municipal Corporation area (6% outside) — no notification traced for either; confirm at the Sub-Registrar first, since almost all urban Chandigarh sits inside the MC area. Value against the Collector Rate schedule (effective 1 April), not the calculator, which runs a full cycle behind. Leasehold/concessional Chandigarh sites: Estate Rules 2007 r.7(i) bars transfer for 15 years from allotment, r.7(ii) charges one-third of the unearned increase; r.7(iii) exempts only adding or substituting a mother, father, spouse, son or daughter — NOT a brother or sister, so the commonest sibling Haq Tyag is arguably outside that exception, exposing both. Confirm with the Assistant Estate Officer in writing first (r.1(ii) confines the 2007 Rules to allotments after 7 November 2007 — most predate them).

रजिस्ट्री

Compulsory — the half families skip. A release worth Rs 100 or more must be registered (section 17(1)(b), Registration Act 1908) where the property lies (section 28). Unregistered, it passes nothing and is inadmissible in evidence (section 49) — a merely notarised Haq Tyag is worthless, usually discovered at the point of sale. Present within four months (section 23; a further four condonable on up to ten times the fee, section 25). Fee: Punjab 1% of value (min Rs 50, max Rs 2,00,000; Rs 400 if unexpressed, letting the Collector of Stamps value it himself); Chandigarh 1% capped at Rs 10,000, plus Rs 20 pasting. PUNJAB mutation then follows: Sub-Registrar to Patwari (enters the intkal) to Kanungo (checks it) to Circle Revenue Officer (sanctions or rejects). Mutation fee Rs 600, recovered at attestation from the person in whose favour the entry is made (section 38, Punjab Land Revenue Act 1887). Report within three months or risk a fine up to five times the fee (section 39). Appeal: Collector (30 days), Commissioner (60), Financial Commissioner (90) (sections 13–14). A jamabandi entry is only presumed true (section 44); disputes go to a declaratory suit (section 45). CHANDIGARH sector property (no jamabandi) auto-mutates on registration since 2025, with no separate filing — so the affidavit/indemnity pack must be complete AT the Sub-Registrar's counter. Chandigarh's own revenue villages DO carry a jamabandi, mutated by the Tehsildar/Naib Tehsildar (UT) — use that office, not the Estate Office, for those. Following the Supreme Court's judgment of 10 January 2023 (Residents Welfare Association v. UT Chandigarh), transfers of residential property outside permitted categories are frozen pending the Heritage Committee's decision; a Haq Tyag among co-heirs of one family is a permitted category.

नोटरी

Not required for the deed itself, never a substitute for registration — no Notary's seal cures section 49, Registration Act 1908. Notarise instead: an affidavit of legal heirs, a no-objection affidavit from each non-joining co-owner, a one-and-the-same-person affidavit (where the jamabandi/ID names differ), and an indemnity bond. Chandigarh files the affidavit-cum-indemnity WITH the Sub-Registrar (auto-mutation leaves no later counter); a Punjab development-authority allotment needs every heir's liability affidavit plus an original Legal Heir Certificate from the SDM/Tehsildar. An absent party's power of attorney must itself be stamped: Punjab Rs 1,000 special/Rs 2,000–4,000 general (plus Rs 100/400 registration); Chandigarh Rs 15 special/Rs 75–150 general, but 3% of the property's value where it carries AUTHORITY TO SELL (plus Rs 50 registration) — confirm current figures first. A power executed abroad needs notarisation plus apostille/consularisation, and stamping in India within three months (section 18, Indian Stamp Act 1899).

गवाह

Two, and in Chandigarh the first can't be just anybody. No statutory attestation applies to a release (unlike a gift, section 123, Transfer of Property Act 1882), but no Sub-Registrar registers without two, and section 34, Registration Act 1908 needs identity verified anyway. Chandigarh's first witness must qualify under para 127, Punjab Registration Manual — a Lambardar, Sarpanch or Panchayat member, or a councillor, gazetted officer or advocate. Use adults taking nothing under the deed, never a Releasee — photo ID, signature, photograph (Chandigarh: triplicate for a freehold deed). An illiterate or thumb-impression signer needs the deed read and explained in Punjabi or Hindi before the witnesses, recorded on the deed itself.