Relinquishment Deed services offered by Helpink Business Consulting Agency facilitate the legal transfer of a person's share or rights in property to another co-owner, typically a family member, without any financial exchange. This deed is often used in cases of inheritance to streamline the division of property among heirs. Helpink ensures that the relinquishment process is legally compliant with the Transfer of Property Act, 1882, and other relevant Bangladeshi laws.
Key Components of a Relinquishment Deed:
Parties Involved: The deed must clearly mention the relinquishing party (the person giving up the property rights) and the relinquished party (the person gaining the property rights). Helpink ensures that all the legal heirs and stakeholders are properly documented.
Property Details: The agreement should provide a detailed description of the property, including location, dimensions, and ownership details. Helpink ensures that all descriptions are legally verifiable, adhering to The Registration Act, 1908 requirements.
Relinquishment Clause: Helpink drafts a relinquishment clause stating the intent of the relinquishing party to transfer their share of the property to the remaining co-owners without any monetary consideration. This clause must comply with the Transfer of Property Act, 1882.
Stamp Duty and Registration: As per The Stamp Act, 1899, and The Registration Act, 1908, the Relinquishment Deed must be registered with the Sub-Registrar's office. Helpink facilitates the payment of the necessary stamp duty, ensuring full compliance with government regulations.
Legal Representation and Witnesses: The deed requires the signatures of both parties and at least two witnesses. Helpink ensures that the execution of the deed is witnessed by legal professionals to prevent any future disputes.
Revocation Clause: Helpink includes provisions for revocation, if necessary, outlining the conditions under which the relinquishment can be withdrawn, following the Contract Act, 1872.
Post-Relinquishment Obligations: Helpink advises clients on their legal obligations after the relinquishment, such as transferring the property title and updating land records with the Land Reform Board or other relevant authorities.
Additional Information:
- Inheritance Laws: In cases of relinquishment after the death of a property owner, Helpink ensures compliance with the Muslim Personal Law (Shariat) Application Act, 1937, or the Hindu Law of Inheritance, depending on the religious background of the involved parties.
- Tax Implications: Although a Relinquishment Deed is not a sale, Helpink ensures clients are aware of potential tax implications under The Income Tax Ordinance, 1984.
- Family Disputes: Helpink provides mediation services to resolve disputes between family members before the formalization of the deed.
Sample Chart for Relinquishment Deed Structure:
Section | Details |
---|---|
Parties Involved | Names and relationships of the relinquishing and receiving parties |
Property Details | Detailed description of the property being relinquished |
Relinquishment Clause | Statement of intent to relinquish property rights |
Stamp Duty and Registration | Payment of government fees and registration procedures |
Legal Representation and Witnesses | Signatures of both parties and witnesses |
Revocation Clause | Conditions for revoking the relinquishment |
Post-Relinquishment Obligations | Steps to transfer title and update land records |
Compliance with Bangladesh Acts and Government Rules:
- Transfer of Property Act, 1882 – Governs the legal transfer of property rights through relinquishment.
- Stamp Act, 1899 – Imposes stamp duty on property transactions, including relinquishment deeds.
- Registration Act, 1908 – Requires registration of the deed for it to be legally enforceable.
- Contract Act, 1872 – Outlines the general principles of contract, including revocation of the deed.
- Income Tax Ordinance, 1984 – Potential tax liabilities related to the relinquishment of property.
By choosing Helpink’s Relinquishment Deed services, clients can be assured of a smooth, legally compliant process that protects their rights and avoids future disputes.
The Justice Corner
Our Legal Partner
A MULTIDISCIPLINE LAW FIRM OF BARRISTERS & ADVOCATES
..