relinquishment deed

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions in an article in the  following Q&A which was published by the Mint Newspaper on 17th January, 2022 and the online edition of the same can be found here.

My sister is an OCI (Overseas Citizen of India). Our father passed away recently. He was a resident of India. My sister wants to relinquish her rights to our father’s property in my favor. The property is located in India. Will my sister need to visit India for making the relinquishment deed, or can she do it from abroad?

-S. Sinha

Since your sister is desirous of relinquishing her right and interest in your father’s property in your favour, a relinquishment deed (also known as a release deed) would have to be executed in your favour. This relinquishment deed would require adequate stamping and registration. Whilst the simplest situation would be that your sister visits India and physically signs the relinquishment deed and completes the procedures at the local registrar’s offices, an alternative can be considered. A power of attorney can be executed from the local embassy overseas for appointing a representative who can carry out the execution of such relinquishment deed in your favour e.g. another family member visiting India, and whom you trust to complete the process on your behalf. Please note that such relinquishment deed would require to be stamped and registered in India to effectuate a transfer of your sister’s share in your favour.

It is advisable that your sister liaises with the local embassy to ascertain the process of executing such power of attorney.