Bangalore
  • Bangalore
  • Mumbai
  • Delhi
  • Pune
  • Chennai
  • Hyderabad
  • Kolkata
  • Ahmedabad
  • Home
  • Blog
  • Gift and Relinquishment deed for transfer of Immovable property

Gift and Relinquishment deed for transfer of Immovable property

CommonFloor Editorial Team

Gift and relinquishment deed for transferring the ownership of property.Of the various methods for transfer of ownership rights in a property “Gift” and “Relinquishment” are two such methods. Both the aforesaid terms serve the same purpose of transfer of property, have similar implications, but the circumstances in which these are executed are different.

Gift of immovable property

Gift is defined under section 122 of the Transfer of Property Act, 1882  as being the voluntary transfer of ownership rights in a property, without any material consideration, where natural love and affection to a living person is the only consideration. It must be free, voluntary, absolute and unconditional except where it is given for any specific purpose such as educational, charitable and/or religious. Generally gift is irrevocable but in case of gift for specific purpose, the property reverts to the donor when the object fails due to events not depending on the will and pleasure of the “donor”. It must be made through a written document called “Gift deed”, duly accepted by the “Donee”, witnessed by two witnesses and the deed must be registered with the Registrar/ Sub-registrar of assurances as mandated under Section 17 of Registration Act, 1908. If the gift is made to a spouse, blood relation of either of the spouse, lineal ascendant or descendant of either of the spouse or any family member, then there is no tax implication except for the cost of the stamp paper on which the gift deed is prepared. Though there is no restriction on gift to non-relatives, such gift is taxable.

Relinquishment of right

Relinquishment of right is referred to as the surrender of one’s ownership rights and claims in a property in favor of another person. It is not defined under Transfer of Property Act,. but is an established practice. Relinquishment of right is not without any consideration, the consideration may be in the form of money, exchange of property or arrangement between family members. Relinquishment of right in immovable property also needs to be done  through a written document called “Deed of Relinquishment” which must be signed by all the parties, witnessed by two witnesses and must be registered. Unlike gift, relinquishment does not enjoy tax benefits and is taxed for capital gains.

In both the aforesaid cases the “Donor” and the “Relinquisher” must not be a minor, must be mentally sound and capable of taking rational decisions pertaining to disposal of property, and must be capable to contract.

This article is contributed by -IndianPropertyLawyers, simplifying property 
legal services.
Tags : deed for transfer of property Deed of Relinquishment Gift and relinquishment deed Gift Deed IndianPropertyLawyers ownership rights and claims in a property ownership rights in a property Property in India property transfer relinquishment deed

Related Articles

Transforming Pune: Top 10 Construction Companies 2024-25

construction companies in pune
admin

Pune is a vibrant and rapidly growing city in India that has IT parks, business centers, and educational institutions. As the city is expanding in population, the need for quality infrastructure and real estate development is also increasing. This has led to the emergence of several construction companies in Pune that are shaping the skyline […]

 Difference between Carpet Area, Built Up Area & Super Area

difference between carpet area, built up area & super built up area
admin

A home buyer must know about carpet area, built-up area and super built-up area of a property/flat. If they know the difference between carpet area, built-up area & super built-up area, it becomes easy for them to invest in a property. So, let’s explore this blog to know everything about these: What is the carpet […]

Chennai Property Registration: A Comprehensive How-To Guide

property registration in tamilnadu
admin

Buying a home requires a lot of planning, looking for the ideal location, and making the decision to buy. After doing all these, your next step would be organizing documentation and registering the property. The property and apartment registration process in Tamil Nadu is important however it is not very complicated. Let’s read this blog […]

A Quick Peek into the New Whitefield- Sowparnika Projects

Sowparnika Projects
admin

In the Bangalore real estate market, Sowparnika Projects is a well known name. They specialize in discovering undiscovered localities that can benefit buyers and investors. The Sowparnika project has been a locality popular with its developments. Their previous projects are also strategically located which aided other developers of Bangalore to launch their projects in these […]

Trending Article

Top Localities for Ready-to-Move Apartments in Bangalore in 2025

Posted on July 25, 2025 By Amrish Kishore

How to Choose the Right Service Apartment for a Long-Term Stay

Posted on August 4, 2025 By Amrish Kishore

Top Localities for Ready Possession Apartments Near You

Posted on August 4, 2025 By Amrish Kishore

Top Localities for Ready-to-Move Apartments in Hyderabad in 2025

Posted on July 25, 2025 By Amrish Kishore

A Neighbourhood-Wise Guide to Ready Apartments in Chennai

Posted on July 25, 2025 By Amrish Kishore

Latest Properties - Flats

Latest Properties - Villas

Luxury Properties

Sell your property 3x faster

POST FREE AD

Log in to your account
Thank You!

Your details has been submitted successfully.