What Is a Release Deed? When Legal Heirs Need One for Inherited Property Without a Will in Maharashtra
When a parent dies without a will, property often passes to several heirs. A release deed lets one heir give up their share to another. How it works.
Photo: Pratimsinha / CC BY-SA 3.0, via Wikimedia Commons
In many Pune families, the flat in Kothrud or the ancestral house in the old city is passed on without a will. When that happens, the property goes to all legal heirs together. If the family wants it in one person’s name, a release deed is the usual way to do it.
What a release deed is
A release deed (also called a relinquishment deed or haq soda patra in Marathi usage) is a document in which one co-owner gives up their share in a property in favour of another co-owner. The person giving up the share is the releasor; the person receiving it is the releasee.
It only works between people who already own the property jointly, such as siblings who inherited a parent’s flat. You cannot use a release deed to transfer property to an outsider; that would need a sale deed or gift deed.
When you need one
- A parent dies without a will, and the flat goes to the spouse and children together.
- The children want the flat in the mother’s name alone, or in one sibling’s name.
- The other heirs agree to give up their shares, with or without payment.
Without a release deed, every heir remains a co-owner. Selling, taking a loan or redeveloping the property later will need everyone’s signature, which gets harder as families grow and move.
Registration and stamp duty
A release deed involving immovable property must be registered at the sub-registrar’s office. In Maharashtra, stamp duty on a release deed of ancestral or inherited property in favour of close family members such as a spouse, children, grandchildren or a widow of a son is a small fixed amount. For others, it is charged on the market value of the share. Rates are revised from time to time, so check the current figure with the sub-registrar or your lawyer.
Things to keep in mind
The release should be voluntary. Get it drafted by a lawyer, include clear property details and the heirs’ relationship, and keep the death certificate and legal heir or succession documents ready. Once registered, a release deed is very hard to undo.
After registration, update the society’s share certificate, the property tax record with PMC or PCMC, and the 7/12 or property card where relevant.
For more on property, read the MahaRERA order on a Wagholi project delay and our PMRDA online certificates guide.
This article is for general information only and is not legal advice. Please consult a lawyer for your specific case.
Frequently Asked Questions
What is a release deed?
A release deed is a document in which one co-owner gives up their share in a jointly owned property in favour of another co-owner.
Can a release deed be made in favour of an outsider?
No. A release deed works only between existing co-owners. Transfers to others need a sale deed or gift deed.
Is registration of a release deed compulsory?
Yes. A release deed involving immovable property must be registered at the sub-registrar’s office.
Is stamp duty charged on a release deed in Maharashtra?
Yes. For close family members on inherited property it is a small fixed amount; for others it is charged on market value. Check current rates with the sub-registrar.
