Partition Deed

Partition Deed, as the name suggests, is a legal document that describes the partition or division of a property among several individuals, thereby making each the rightful owner of the property share. After the partition deed registration, each co-owner of the property can sell, transfer or gift their share of the property as per their will.

What is the purpose of registering the Partition Deed?

By registering the partition deed, the information regarding your property rights, title and ownership will become a permanent public record. This will act as a proof of property ownership in case of a legal dispute. It will also help in avoiding unnecessary confusions and ill-practices regarding the property. Also, individuals looking for a residential property will be able to verify if the concerned property has been encumbered previously. As per the provisions of the Transfer of Property Act, the interest or title can be transferred from one person to another by registering the partition deed.

Partition of a Property by Mutual Consent

It is a peaceful way to partition a property among family members. In this, all co-owners should mutually agree to have the property divided. After the registration of the partition deed, owners can gift, sell or transfer their share of the property.

Partition of a Property without a Mutual Consent

There might be a case wherein not all co-owners of the property are willing to share the property. If even a single co-owner of the property does not wish to execute a partition deed, then a lawsuit will be filed in the court. This is followed by the procedure of partition deed registration at a local Registrar’s office. The deed will be made on a stamp paper mentioning the details of the share of each owner.

Can I sell my share of an inherited property?

If you can sell your share of an inherited property depends if the partition deed is registered or not. If the partition deed is registered, you can sell, transfer or gift your share of property without any legal troubles. Doing so without a partition deed may lead to legal trouble in future.

What is Partition of Property under Hindu Law?

As per the provisions of the Hindu Succession Act, 1956, the interest of the deceased Hindu shall be changed by testamentary or intestate. While the Act includes provisions related to the property partition in the Hindu Joint Family, the Hindu Undivided Family and Hindu Partition Act of Property 1892 includes provisions related to the partition of co-owned or shared property.

What does the Act of Partition includes?

When there are disputes for the rights of a property, a partition suit is filed where you approach a court to settle the dispute. When all parties involved decide to amicably settle the disputes, a partition deed is made and registered at the local Registrar’s office.