Legal Article

Surrender of one’s share

Shivendra Pratap Singh


High Court Lucknow


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Published on: 22 Jun, 2023

In the context of property ownership, surrendering one’s share refers to voluntarily giving up or relinquishing one’s ownership interest in a property. This can occur when there are multiple co-owners of a property, and one co-owner decides to surrender their share to the other co-owners or to a third party.

The surrender of one’s share typically involves a legal process where the co-owner expresses their intention to surrender their ownership rights and transfers their share to the other co-owners or interested parties. This process may require the execution of a legal document, such as a surrender deed or relinquishment deed, which outlines the terms and conditions of the surrender.

Here are a few important points to understand about surrendering one’s share:

  1. Voluntary Action: Surrendering one’s share is a voluntary action undertaken by a co-owner who wishes to give up their ownership interest in a property. It cannot be forced upon a co-owner against their will.
  2. Legal Documentation: To formalize the surrender of a share, a legal document, such as a surrender deed or relinquishment deed, is typically prepared. This document outlines the details of the surrender, including the names of the parties involved, the description of the property, and the terms and conditions of the surrender.
  3. Registration: Surrender deeds or relinquishment deeds are usually required to be registered with the relevant Sub-Registrar of Assurances as per the provisions of the Indian Registration Act, 1908. Registration provides legal validity to the document and makes it admissible as evidence in court.
  4. Stamp Duty and Fees: Stamp duty and registration fees are applicable to surrender deeds or relinquishment deeds based on the laws of the respective state where the property is located. The duty and fees are typically calculated based on the market value of the surrendered share.
  5. Legal Implications: Once the surrender of a share is legally executed and registered, the co-owner who surrendered their share no longer holds any rights, interests, or liabilities in relation to the property. The other co-owners or interested parties assume ownership of the surrendered share.

It is important to consult with a legal professional to understand the specific legal requirements and procedures for surrendering one’s share in a particular state or jurisdiction. They can guide you through the necessary steps and ensure compliance with applicable laws and regulations.


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