Partition Deed - Format, Documents & Stamp Duty
What is Partition Deed for a Property?
The term Partition Deed is used to classify a deed that will divide up the said property, thereby making each of the co-owners as the rightful owner of the property share.
When the property is owned by several individuals, a partition deed makes sure there's a legal division of the property. Upon the execution of a partition deed, each co-owner is entitled to transfer, gift or sell their share of the property according to their will.
Mutual Consent
- When all co-owners mutually agree to have the property divided, they can execute the partition deed.
- Through the partition deed, it ensures the division of the property according to the share of the individual.
- Upon the execution of the partition deed, co-owners become rightful owners of their share of the property and are empowered to gift/sell/transfer their share of the property.
Without Mutual Consent
- In case co-owners are not willing to execute a partition deed, then a lawsuit is required to be filed in the court.
- This must be followed by the process of executing the partition deed and registered on a stamp paper with particulars of the share of each joint owner.
Can You Sell Your Share Of an Inherited Property
That depends if you're a joint-owner and there are other owners of the inherited property. Upon the execution of the partition deed, you're entitled to sell/transfer/gift the property.
Indian Law and Family Disputes Over Property
If the partition of the property becomes a problem among family members, the process to execute a partition requires a legal course. That said until the disputes are not resolved, a partition deed becomes a challenging issue for the family.
What is Partition of Property under Hindu Law
As per the Hindu Succession Act, 1956 the deceased Hindu's interest shall be changed by intestate or testamentary. While the Hindu Succession Act 1956 pertains to the partition in the Hindu Joint Family, the Hindu Partition Act of Property 1892 and the Hindu Undivided Family pertains to the property division of co-owned property of more than one owner.
What all Does the Act of Partition Involve
When the family decides to go ahead with the partition deed, a partition suit is required to be filed. A partition suit is filed when there are any disputes towards the rights of the property, and you approach a court to settle the dispute. If all parties involved are ready to amicably settle all disputes, a partition deed needs to be executed.
Through a partition deed, it defines the share of each co-owners of the property. This partition deed needs to be duly registered with the Sub-Registrar office, only then it's considered a legal document. Upon registration, the next step is to register and process it on a stamp paper in a comprehensive manner.
FAQs on Partition Deed for a Property
- Is it compulsory to register a partition deed?
A partition deed must be compulsorily registered, and the required stamp duty should be paid accordingly.
- How to effect partition of a property?
If all parties involved with common rights in the property, then a partition deed can be executed.
- What's the purpose of Registration?
By Registration of the property, it'll become a permanent public record and a notice to the general public of the change in title. This helps those who are looking to transfer any immovable property as they need to verify if the said property has been encumbered previously. As per the Transfer of Property Act rights, interest or title can be transferred upon the registration of the partition deed.
- What are the issues if a document is not registered which requires registration?
If the document, which needs to be registration, is not registered, then the document will not be admissible as a piece of evidence under Section 49 of the Registration Act 1908.
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