A release deed and a relinquishment deed are the same document under two names. The state stamp schedules list it as a release, while families and registration offices also call it a relinquishment. The cost depends on whether the deed is stamped as a release or as a gift: in Delhi a release costs Rs 100 in stamp duty, and the same deed treated as a gift is charged 4 or 6 per cent of the property's value.

Giving up your share to one sibling, rather than to all the co-owners, does not by itself turn the deed into a gift. A 2020 ruling by a single judge of the Delhi High Court said it did; a Division Bench set that ruling aside on 8 October 2025, holding that a release to one co-owner is not a gift merely because the other co-owners are left out.

Where this page sits

For the deed a sibling has asked you to sign, the relinquishment deed guide sets out the procedure at the Sub-Registrar's office, the documents to take and the stamp duty state by state. WillJini's inheritance and property transfer assistance handles the transfer among heirs.

Related guides:

• Relinquishment deed: who can sign, registration, stamp duty and documents
• Release deed or gift deed
• What a release deed is

What Is the Difference Between a Release Deed and a Relinquishment Deed?

There is no difference in law between a release deed and a relinquishment deed. A co-owner uses it to give up a share in a property to one or more of the other co-owners.

Whatever name is on it, a deed in favour of a son-in-law, a daughter-in-law who is not a co-owner, or any outsider is a gift or a sale. Between co-owners, whether they inherited the property or bought it together, the release enlarges the share the receiving co-owner already holds.

For property a parent acquired themselves, an heir can release only a share that has already come to them on the parent's death. A chance of inheriting cannot be transferred while the owner is alive (Transfer of Property Act, 1882, section 6(a)). The deed has to be registered, since it extinguishes an interest in immovable property worth Rs 100 or more (Registration Act, 1908, section 17(1)(b)).

Which Name Does Your State Use?

Stamp duty on a release or relinquishment deed is charged under the "Release" article of the state's stamp schedule: Schedule I Article 52 in Maharashtra, Schedule 1-A Article 55 in Delhi, Schedule I-B Article 55 in Uttar Pradesh, Schedule 1-A Article 55 in Haryana and Article 45 in Karnataka. The Delhi Revenue Department uses both names, and its registration checklist lists the document as "Relinquishment/Release Deed".

Is a Release to One Sibling a Gift?

A release to one sibling is not automatically a gift. In Delhi the stamp duty on a release is Rs 100 under Article 55. A gift is charged under Article 33 as a conveyance: stamp duty and transfer duty of 4 per cent of the value where the recipient is a woman and 6 per cent where the recipient is a man, plus a registration fee of 1 per cent, as the Delhi Revenue Department publishes.

In 2020 a single judge of the Delhi High Court held that a relinquishment in favour of one co-owner, rather than all of them, was a gift, and applied that rule to five sisters who gave up their shares to their brother and left out their mother. On 8 October 2025 a Division Bench set that order aside (LPA 346/2020). The Bench held that the sisters' deeds in favour of their brother, another co-owner, were not a gift for the purposes of the Stamp Act, and directed the Collector of Stamps to release the impounded deeds. It declined to lay down any general rule that a relinquishment to one or some co-owners, leaving out the rest, is a gift.

What Stamp Duty Applies to Each?

Stamp duty on a release depends on the state, and in some states on whether the share stays within the family. In Maharashtra, Article 52(a) has charged Rs 500 since 14 October 2024 for a release of ancestral property to a listed relative, such as a brother, sister, son, daughter, parent or spouse, where nothing is paid in any form. Any other release there is charged at the conveyance rate on the market value of the share given up. In Delhi a release costs Rs 100 where the claim exceeds Rs 1,000, with no family condition, plus a registration fee of Rs 1,000 and a Rs 100 pasting fee.

If you are paid for your share, the deed is still a release. In Maharashtra, any payment in any form moves the deed from Rs 500 to the conveyance rate. The figures for Uttar Pradesh, Haryana, Karnataka, Tamil Nadu and Telangana are in the relinquishment deed guide.

Can a Release or Relinquishment Deed Be Challenged?

To challenge a registered release or relinquishment deed, you file a civil suit asking the court to cancel it, on grounds such as fraud, coercion or misrepresentation. The deed extinguishes the signer's interest, and the signer cannot revoke it on their own. The suit must be filed within three years from when the facts first become known to the person challenging it, which can be later than the date of the deed (Limitation Act, 1963, Article 59).

How Does WillJini Handle a Release Among Heirs?

Under WillJini's inheritance assistance, a lawyer begins by reviewing the assets, the legal heirs and any will. The lawyer checks who already holds a share, which decides whether the deed can be stamped as a release. WillJini then gathers the heirs' declarations, including from heirs living abroad. It drafts the affidavits and powers of attorney the family needs and deals with the Sub-Registrar through to the title update and the mutation of the property records. The fee is quoted on a case-to-case basis.

FAQs

Is a release deed the same as a relinquishment deed?

A release deed and a relinquishment deed are the same document. The state stamp schedules, including Maharashtra's Article 52 and Delhi's Article 55, list it as a release, and Delhi's registration checklist calls it a "Relinquishment/Release Deed". Both names describe one instrument, by which a co-owner gives up a share to one or more of the other co-owners.

What is better, a release deed or a gift deed?

Which deed is better depends on who receives the share, because a release can be made only in favour of someone who already holds a share in the property. For a son-in-law, a daughter-in-law who is not a co-owner, or anyone else outside the co-ownership, the deed has to be a gift or a sale. In Delhi a gift is charged 4 or 6 per cent of the value, against Rs 100 in stamp duty for a release.

Can a release deed be challenged?

A registered release deed can be challenged in a civil court. The person who signed it cannot revoke it on their own, but the court can cancel it on grounds such as fraud, coercion or misrepresentation, in a suit filed within three years from when the facts first became known to the person challenging it (Limitation Act, 1963, Article 59).

Does a release to one sibling count as a gift?

Leaving the other co-owners out does not by itself make the release a gift. On 8 October 2025 a Division Bench of the Delhi High Court held that five sisters who gave up their shares in favour of their brother, another co-owner, did not make a gift for stamp duty purposes (LPA 346/2020), setting aside a 2020 single-judge ruling.