Family › Will, gift deed or release deed
Siblings want me to sign a release deed
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- What do you want to do? Give up my share to a co-owner (release deed)
Do these now
- Check stamp duty and registration fee for family gifts in your state
Many states charge much less for gifts to close family. Where: State registration (IGR) website.
Papers to gather
- Title documents for each property (sale deed, mutation, tax receipts)
A will or gift cannot pass more than you own. Where: Your records. - List of assets with account / folio / policy numbers and current nominees
Avoids gaps and conflicts with nominations. Where: Bank, demat, insurance statements. - Names, ages and addresses of family members and beneficiaries
Clear identification avoids challenges. - ID proof of you and the beneficiaries
Needed for registration. Where: Aadhaar / PAN. - Documents showing the co-ownership and the other co-owners’ details
A release deed must describe the share given up. Where: Inheritance or purchase papers.
What the law says
A will must be in writing, signed by the person making it and attested by two witnesses (Indian Succession Act, 1925); registration is optional but helps. A gift of immovable property must be by a registered deed (Transfer of Property Act, 1882) and stamp duty applies, often reduced for close family. A release/relinquishment deed by a co-owner must also be registered. Muslims can will away only up to one-third without heirs’ consent. Under the Senior Citizens Act, 2007, a gift made on the condition of being cared for can be cancelled by the tribunal if that care is not given.
General information, not legal advice.
Saboot will also ask
- What property is involved?
- Is the property self-acquired or ancestral / joint family?
- Which personal law applies to you?
Similar situations
- Want to make a will for my property
- Want to gift property to my child
- Want to cancel a gift deed I made
- Parent gifted property to one child only
Sources
- Indian Succession Act, 1925 and Registration Act, 1908
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- NALSA — free legal aid
The full guide: Making a will, gift deed or release deed — passing property to family · All situations