The primary difference between relinquishment deed and gift deed is ownership (joint vs individual), as well as who can get the property. When a co-owner or legal heir wishes to give up their portion to another co-owner, use a Relinquishment Deed. A Gift Deed is used when you desire to give property to a relative, friend, or anyone else without expecting anything in return.
Relinquishment Deed vs Gift Deed
| Factors | Relinquishment Deed | Gift Deed |
Ownership |
Between co-owners only |
Owner to any person |
Property Type |
Jointly owned property |
Self-acquired or owned property |
Execution |
During the co-owner's lifetime, towards another co-owner. |
Throughout the lives of the Donor and Donee. |
Consideration |
There may or may not be an element of consideration. |
A gift deed is created without any consideration. |
Revocation |
Irrevocable, even if it is made without consideration. |
Cannot be revoked |
Tax Implications |
There are no tax benefits for a 'transfer' under the Relinquishment Deed. The amount received is taxable as capital gains. |
A gift valued at more than Rs. 50,000/- is taxable in the hands of the recipient. However, no tax for close family. |
Hope this was helpful to you.
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The key difference between relinquishment deed and gift deed lies in their ownership context. A Relinquishment Deed is utilised when a co-owner lawfully relinquishes their portion of a jointly owned property, commonly among family members. A gift deed, on the other hand, is used to freely transfer property ownership to any individual (family or non-family) without requiring monetary exchange. I have shared more differences below.
What is a Relinquishment Deed?
It is a legal document that facilitates the transfer of a property owner's title and rights to another individual. When one co-owner gives another co-owner of the same property their portion, a Relinquishment Deed is signed. It is frequently applied to jointly owned or inherited properties.
Features:
Only co-owners are eligible.
Frequently employed in family property agreements.
Requires stamp duty and registration.
Both with and without consideration are possible.
What is a Gift Deed?
In estate and succession planning, gift deeds are frequently used to transfer both movable and immovable assets or possessions from one person (donor) to another (donee) without any payment in return. Both the donor and the donee must accept this transfer during their lifetimes, and it must be voluntary.
Features:
Anybody can receive it, whether they are family or not.
Must be provided at no expense or with no consideration.
Requires registration in accordance with the 1908 Registration Act.
Stamp duty varies, with blood-related individuals typically paying less.
Hope this helps you get an idea of their differences.
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What is the Difference Between Relinquishment Deed and Gift Deed?
Nitesh Sahay4757
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2026-03-27T15:49:31+00:00 2026-03-27T15:49:51+00:00Comment
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