Partition Deed – Overview
A partition deed is a legal instrument used to divide a property among the co-owners so that each co-owner becomes the owner of only the divided share of the property. Typically, this deed is used by families to divide the ancestral property in cases where no specific division is mentioned in the will or in the absence of a will.
As per Section 17 of the Indian Registration Act 1908, it is mandatory to register a partition deed to make it legally valid.
A Partition Deed Contains the Following:
- Details of all the parties (co-owners of the property) involved in the deed.
- Details of the property, such as location, condition, description, size of the plot, etc.
- Terms and conditions of the partition, which includes how much share of the property each party gets and which part of the property each party will receive.
- Legal clarifications, if any, such as what legal procedures must each party follow in case of further inheritance of the share, modifications in the share, conflicts, etc.
Pre-Requisites of Partition Deed Registration:
- Partition deed draft.
- ID proofs of all the parties.
- Proof of ownership.
- Passport size photos of all parties.
- Two witnesses, along with their ID proofs.
- Challan for the proof of payment of stamp duty.
Procedure for Creating and Registering a Partition Deed:
- Contact a lawyer and discuss with them the partition of your property, how you wish to proceed, and other details. It’s advisable for all co-owners to be present in the discussion to come to a mutual agreement.
- The lawyer will draft the partition deed accordingly.
- Pay the stamp duty, which is usually Rs. 1000/-. Your lawyer will confirm the exact amount applicable in your state.
- Visit the sub-registrar office for partition deed registration.
- Pay the registration fee.
- Produce all the required documents.
- All the parties involved in the deed must be present and sign the deed.
- Two witnesses should also be present at this time and sign the deed.
- The partition deed gets registered.