Release Deed Name Mismatch in West Bengal
When a parent dies in West Bengal, one child often keeps the house and the others sign a release deed (also called a relinquishment deed) giving up their share. The person releasing must be shown as a true co-owner, so their name has to link back to the khatian, old deed or heirship papers. A married sister's new surname, a brother's Aadhaar spelling, or a heir left out can stop mutation for the one who stays. This page shows how to get the names right.
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Release Deed Name Mismatch (Quick Answer)
In a West Bengal release deed, the person giving up a share must be a co-owner, so name them as on current Aadhaar and recite how they became co-owner, for example as a daughter of the recorded owner. Where an older record spells them differently, add a line linking the names and keep a one and the same person affidavit. Register the deed, then the remaining owner applies for mutation. A wrong name after registration needs a rectification deed signed by the releasor.
| Problem | Fix |
|---|---|
| Sister's surname changed after marriage | Current name plus recital and affidavit |
| Releasor's Aadhaar spelling differs | Write as on Aadhaar, link by affidavit |
| One heir did not sign | That share is not released |
| Releasor lives abroad | Power of attorney; take advice |
| Wrong name after registration | Rectification deed signed by releasor |
What a Release Deed Does in West Bengal
A release deed (relinquishment deed) is signed by a co-owner who gives up his or her share in a property in favour of the other co-owners. It is common after a parent's death, when one child keeps the family house.
Because it gives up a share in land or a house, it is registered at the Sub-Registrar office through wbregistration.gov.in.
Offices that move property records after a death often ask for it. The Burdwan Development Authority's guidelines for flats, for example, ask for a relinquishment deed from heirs who are not applying.
If you want to give your share to someone who is not a co-owner, that is usually a gift or sale, not a release; see gift deed name mismatch.
Who Can Sign a Release Deed in West Bengal: Co-owners and Legal Heirs
Only a person who already owns a share can release it. So the deed must show how the releasor became a co-owner: as a buyer named in the old deed, or as an heir of the recorded owner.
If the releasor's name does not visibly connect to the record, the office registering mutation may ask how this person owned anything at all.
That is why the name chain matters more in a release deed than almost anywhere else.
Linking the Releasor's Aadhaar Name to the Land Record
Recite the chain in the deed: the recorded owner's name as in the khatian or deed, the date of death, and each heir as on current Aadhaar.
If an heir is spelt differently in an older paper, such as a school certificate or voter list used to prove the relationship, add a line linking the two spellings and keep a sworn affidavit; see one and the same person affidavit.
If the khatian itself carries a wrong name, consider correcting it first; see mutation and name correction on Banglarbhumi.
Married Sister Releasing Her Share: Maiden Name vs Married Name
Many family release deeds are signed by sisters in favour of a brother. Her name today often differs from the one in her parent's papers.
Name her as on current Aadhaar, add "daughter of" the recorded owner, and recite that she is the same person known earlier by her maiden name. Keep her affidavit and marriage certificate with the file. See Aadhaar name change after marriage.
A release must be her free choice. A release signed under family pressure can be challenged later, which helps nobody.
Every Legal Heir Must Sign the Release Deed, or That Share Stays
A release deed only releases the share of the person who signs it. If three sisters sign and the fourth does not, her share is still hers.
List all heirs before drafting. If one has died, his or her own heirs step in and must sign too.
For a full division of property instead of one person keeping everything, see partition deed name mismatch.
NRI Releasor Living Outside India: Power of Attorney or Signing Abroad
A sibling living abroad can sign through a properly made and accepted power of attorney, or sign the release deed abroad and have it processed for registration here. The rules on attestation and time limits are strict.
The name in the power of attorney must match the passport and the name used in the release deed. A passport name that differs from the Indian papers needs the same recital and affidavit.
This is a lawyer's job. For passport name issues, see passport name change for NRIs.
Wrong Name in a Registered Release Deed: Rectification Deed
A registered release deed is not edited. A wrong name is fixed by a deed of rectification, signed again by the releasor and the person in whose favour it was made, and registered.
If the releasor has died or will not sign again, the route may be a civil court. For a small spelling slip, an affidavit with ID may be enough for mutation; ask the office.
Then the remaining owner applies for mutation: at the BL&LRO for land, at the municipality for a house; see property tax and municipal mutation.
Release Deed Stamp Duty in West Bengal: What Sources Say
A September 2024 newsletter by CREDAI West Bengal and the law firm Fox & Mandal says that under Article 45 of the Stamp Act, an instrument between co-owners is charged at half a percent of the market value of the separated share.
Advocates answering a public question on Kolkata relinquishment deeds also say 0.5% for family, with registration fees of about 1% to 1.2%. Some of those answers are years old, and some said a release to a non-family person costs like a sale.
Confirm the duty with the e-Assessment on wbregistration.gov.in or the Sub-Registrar before you pay.
Mistakes With Release Deed Names
Releasor not shown as co-owner
Recite the chain.
Maiden name only
Current name plus recital.
One heir missing
That share is not released.
Release to a non-owner
That is a gift or sale.
Pressure on a sister
Her choice must be free.
Skipping mutation
Records do not change themselves.
How to Prepare a Release Deed With Matching Names, in Order
List every heir
And how each owns a share.
Collect current IDs
Aadhaar and PAN.
Map old to new names
Records, IDs, marriage.
Swear affidavits
For spelling and surname gaps.
Register the release deed
With the chain recited.
Apply for mutation
In the keeper's name.
Release Deed Name Mismatch: Frequently Asked Questions
What is a release deed?
A deed by which a co-owner gives up a share in favour of other co-owners.
Who can sign a release deed?
Only someone who already owns a share.
Can I release my share to a friend?
That is usually a gift or sale, not a release.
My sister's surname changed after marriage.
Use her current name with a recital and affidavit.
One sister refuses to sign.
Her share stays with her.
My brother lives abroad.
He can act through a proper power of attorney; take advice.
A name is wrong after registration.
Sign and register a rectification deed.
What is the stamp duty?
Sources say 0.5% between co-owners; confirm before paying.
Is a release deed needed for mutation after death?
Often, when only some heirs want to be recorded.
Can a release be cancelled later?
Not easily; one signed under pressure may be challenged.
Do I need a gazette?
Rarely; recitals and affidavits usually work.
Is a release deed the same as a partition?
No, a partition divides shares; a release gives one up.
Sources for Release Deeds in West Bengal
Realty Bytes, Sept 2024
mondaq.com: CREDAI-WB and Fox & Mandal on Article 45.
Relinquishment Deed Cost in Kolkata
kaanoon.com: 0.5% family, differing answers.
BDA Flat Transfer Guidelines
bdaburdwan.org: relinquishment deed from other heirs.
Directorate of Registration (official)
wbregistration.gov.in: e-Assessment and registration.
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Release Deed Name Mismatch: We Draft the Linking Affidavit
The release deed is drafted by your lawyer or deed writer and registered by the Sub-Registrar, not by us. If heirs' names differ across the khatian, old papers and Aadhaar, send us how each one reads and we will prepare the affidavits linking them. Monday to Saturday, across West Bengal.