What is a relinquishment deed?

A registered deed by which a co-owner, usually a co-heir, gives up their share in a property in favour of the other co-owners. It works only between people who already own the property together.

Can I relinquish my share to someone who isn't a co-owner?

Not as a relinquishment. Transferring a share to someone with no existing share is a gift, or a sale if money moves, and it is charged and treated that way.

What is the stamp duty on a gift deed in Delhi?

Per the Delhi Revenue Department: 4% if the person receiving the gift is a woman and 6% if a man, plus a registration fee of 1% of the value and a ₹100 pasting charge. Confirm the current rate before registration.

Does a gift deed need witnesses?

Yes. A gift of immovable property must be made by a registered deed signed by the giver and attested by at least two witnesses, and the person receiving must accept it while the giver is alive.

← Insights6 min read

Relinquishment deed or gift deed: which one your family needs

Both deeds move property inside a family without money changing hands. They are not interchangeable: one works only between people who already own the property together, and the stamp duty on the other is a percentage of its value.

A relinquishment deed (also called a release deed) is how a co-owner gives up their share in favour of the other co-owners. The usual case is inheritance: a parent dies without a will, the property passes to several heirs, and some of them release their shares so that one heir holds it. A gift deed is how an owner transfers property they own, during their lifetime and without payment, to anyone they choose.

The difference that decides it

Ask whether the person receiving already owns a share. If they do, a relinquishment deed can work. If they don't, it is a gift, or a sale if money moves, whatever the document calls itself. DDA's own relinquishment form is written for a released share that goes to people who are 'also the legal heirs'.

	Relinquishment deed	Gift deed
Who can receive	Only an existing co-owner, typically a co-heir	Anyone the owner chooses
What moves	The releasing co-owner's share	All or part of what the owner holds
Money	None in a plain relinquishment. If there is consideration, MCD charges transfer duty at mutation	None, by definition
Formalities	Registered at the Sub-Registrar	Registered, signed by the giver, attested by at least two witnesses, and accepted while the giver is alive
Stamp duty in Delhi	Not listed on the Revenue Department's registration page. The Sub-Registrar assesses it on the deed	4% if the person receiving is a woman, 6% if a man, plus a registration fee of 1% of value and ₹100
Mutation with MCD	Its own category: registered relinquishment, release or exchange deed	Filed with sale deeds: registered sale, gift or conveyance deed

When families use which

Siblings inherit a house and two of them want the third to keep it: a relinquishment deed by the two, in favour of the third.
A parent wants to put the house in a child's name now: a gift deed. The parent is the owner, and the child doesn't yet own a share.
A parent wants the child to have it later: a will. Delhi charges no stamp duty on a will, and registering one costs ₹600.
An heir is given money to step aside: that is no longer a plain relinquishment. The duty changes, and MCD charges transfer duty when the record is changed.

Mistakes that cost the most

Calling a gift to a non-owner a relinquishment to save stamp duty. The Sub-Registrar looks at what the deed does, not its title, and a later buyer's lawyer will too.
Leaving an heir out. A relinquishment only covers the shares of the people who sign it. An heir who didn't sign still owns their share.
Not registering. An unregistered relinquishment or gift of immovable property does not transfer the share, and MCD's categories only accept registered deeds.
Stopping at registration. The deed changes ownership. The MCD record still has to be changed with an e-Change of name application.

Stamp duty is set by the Delhi government and changes. The gift deed figures here are from the Revenue Department's page as last updated on 9 October 2026. Confirm the duty for your deed before booking registration.

Common questions

What is a relinquishment deed?: A registered deed by which a co-owner, usually a co-heir, gives up their share in a property in favour of the other co-owners. It works only between people who already own the property together.
Can I relinquish my share to someone who isn't a co-owner?: Not as a relinquishment. Transferring a share to someone with no existing share is a gift, or a sale if money moves, and it is charged and treated that way.
What is the stamp duty on a gift deed in Delhi?: Per the Delhi Revenue Department: 4% if the person receiving the gift is a woman and 6% if a man, plus a registration fee of 1% of the value and a ₹100 pasting charge. Confirm the current rate before registration.
Does a gift deed need witnesses?: Yes. A gift of immovable property must be made by a registered deed signed by the giver and attested by at least two witnesses, and the person receiving must accept it while the giver is alive.

This is a general explanation, not advice on your property. Procedure, rates and thresholds differ by state and municipality and change over time. Kabir Real Estates provides advisory and due-diligence assistance and does not issue title certificates or formal legal opinions. Where a matter needs one, we will tell you so.

Sources

Checked against these sources on 10 October 2026

Get help with a family transfer Have your property reviewed

Mutation after an owner's death in Delhi

The first question isn't which form to fill. It's which office keeps the record for this property, whether there is a will, and whether every heir agrees. Those three answers decide the paperwork.

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How MCD property mutation works, step by step

MCD's own certificate says it plainly: a change of name in the property tax record is for paying property tax, and does not make anyone the owner. Here is how the application works, and what to upload for each kind of transfer.