Property Transactions, Real Estate and Law on Transfers
In case of Tripti Kaushik v. Sub-Registrar [2020] GCtR 1093 (Delhi), issue was related to Relinquishment Deed in respect of a property. It was held that in determining whether the document is a release or Gift/Conveyance, the nomenclature used to describe the document or the language which the party may choose to employ in framing the document, is not a decisive factor. What is decisive is the actual character of the transaction intended by the executants.
It was held that Relinquishment Deed is a conveyance meant to evade stamp duty. It was also held that this relinquishment deed is a gift deed.
Where the relinquishment of the right by the co-owner is only in favour of one of the co-owner and not against all, the document would be one of Gift/Conveyance and not of “release”.
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