A release deed is an important document to transfer property ownership. It is also a crucial document when you fully repay your Home Loan amount and get the complete property rights from the bank. Other uses of the release deed include ending the personal guarantee liabilities, and settlement of disputes between the parties. This article gives you a complete overview of What is release deed, release deed registration, its importance, and the release deed format.
Page Contents
- What is a Release Deed?
- What is the Purpose Of Deed Of Release
- Release Deed Registration
- Stamp Duty and Registration Charges on Release Deed
- Where Release Deed is Used?
- Release Deed of Ancestral Property Format
- Release Deed Format For Flat
- Release Deed Format For The Land Property
- Why Release Deed Is Important In Home Buying?
- Difference Between Release Deed & Gift Deed
- FAQs
What is a Release Deed?
A Release Deed is used when one co-owner of the property wants to release their ownership and transfer the property rights to the other co-owners.
A Release deed is generally done for the property owned by multiple owners.
For example, if the property is owned by all the family members, and they want to transfer all the property rights to one member of the family, then they have to execute the Release Deed.
A release deed can also be executed for ending the liabilities of the personal guarantees, the bank’s legal hold after repayment of the home loan, and for the settlement of the disputes between the parties.
In short, the release deed is used when one party needs to release the ownership of something to another property.
The release deed may or may not involve the monetary transaction between the two parties.
What is the Purpose Of Deed Of Release
A Deed of release is also used between the two parties for clear settlement.
Where both the parties release each other from certain obligations.
Once the Release Deed is signed, the parties cannot legally challenge each other based on the agreed terms and conditions mentioned in the Release Deed.
Release Deed Registration
According to section 17 of the Registration Act 1908, The release deed is considered valid only when the release deed is registered at the sub-registrar office.
Therefore, it is necessary to register the Release Deed at the sub-registrar office by paying the applicable release deed stamp duty.
You can register the release deed at the sub-registrar office in online and offline modes.
Also, to register the release deed you need to pay the applicable Stamp Duty on the Release Deed.
Stamp Duty and Registration Charges on Release Deed
By paying the applicable Stamp Duty and Registration charges on the release deed you can have it registered at the sub-registrar office.
Here are the release deed stamp duty and registration charges in Mumbai.
Stamp Duty | Registration Charges | |
Release Deed by Legal Heirs for ancestral property | Rs. 200/- | 1% of the Market/Agreement Value
or Rs. 30,000/- (Whichever is less) |
Release Deed for Any Other Cases | 6% of the market/ agreement value of the property. | 1% of the Market/Agreement Value
or Rs. 30,000/- (Whichever is less) |
Release-Deed Registration Online
Here is how you can register the Release Deed Online in Mumbai.
Step 1: Visit the Official GRAS Portal at gras.mahakosh.gov.in/
Step 2: Then Click On Pay Without Registration
Step 3: Then From the Citizen Section Select The Applicable Option
Step 4: Select the Suitable Payment Option and then Click On Proceed.
Step 5: Check The Generated Chalan
Step6: Make Payment and Get the Receipt of the Release Deed Registration
Where Release Deed is Used?
The release deed is used in the following cases.
- For Ending The Right On Property
- For Ending The Personal Guarantee & Liability
- For Ending The Loan Liabilities & Mortgages
- For Ending The Contract Between the Employee and the Employer
- For Ending The Commercial Dispute between the two parties
Release Deed of Ancestral Property Format
The Release Deed Format consists of the basic details of the property co-owners
Following are the basic details required in the Release Deed-
- Name of The Property Co-owners
- Professional Details
- Residential Details
- Property Details
- Property Registration Details
- Terms and Conditions
- Witness Details
Release Deed Format For Flat
Release Deed Format For The Land Property
Why Release Deed Is Important In Home Buying?
When you take a Home Loan to buy a new property, the bank holds the legal right on the property.
When you completely repay your Home Loan to the bank, the bank releases its property right.
Therefore, after repaying the home loan amount, the bank or financial institution can execute a release deed with you.
This ends the bank’s legal hold on the property & makes you the complete owner of the property.
Difference Between Release Deed & Gift Deed
Here is a key difference between Release Deed and Gift Deed.
The difference between the release deed and gift deed is important to understand especially when transferring the rights of the inherited property.
When one family member needs to transfer the property rights to the other, either a Release Deed or Gift Deed can be executed.
Release Deed and Gift Deed may have different applicable stamp duty charges.
Release Deed | Gift Deed |
Release Deed can be executed by One property Co-Owner to the other Property Co-Owner. | A gift Deed can be executed by any type of property owner to anyone. |
In the case of a release deed the monetary transaction may or may not take place between parties | In the case of a Gift Deed, the monetary transaction does not take place. |
A release Deed can be done only for the inherited properties | A gift deed can be done for any kind of property |
FAQs
Why Release Deed is important?
Release Deed is executed to give the complete property rights to the other property co-owner. |
Why is Release Deed registration important?
As per section 17 of the Registration Act 1908, The release deed is valid only when registered at the sub-registrar office by paying the applicable Stamp Duty and Registration Charges. |
What are Release Deed Stamp Duty Charges?
If the Release Deed by Legal Heirs for ancestral property Stamp Duty of Rs 200/- is applicable. |
What is Release Deed in Home Loan?
Bank holds the legal rights of the property till you repay the complete loan amount. When you repay the home loan amount, the bank releases its property right by executing the release deed. |