Partition Deed Registration
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. Usually, this deed is used by families to divide the ancestral property in case no specific division is mentioned in the will or in the absence of a will.
As per Section 17 of the India 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 plot, etc.
- Terms and conditions of the partition, which includes how much share of the property does each party get and what part of the property does each party get.
- Legal clarifications, if any, such as what legal procedure must each party do in case of further inheritance of the share, modification 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 him/her all about the partition of your property, how you want to go about it, and other details. Let all the co-owners also sit in the discussion so that you 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 help you confirm the exact amount 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 at this time and sign the deed.
- Two witnesses will also be present at this time and sign the deed.
- Partition deed gets registered.
Benefits to choose service
Online Legal Center offers excellent legal assistance for drafting and registering partition deed. With the help of a lawyer, every step of this process can be done smoothly and in an error-free manner.
Frequently Asked Questions (FAQs)
Anybody who is the co-owner of the property in question can make a partition deed. It is not necessary that the person be a member of the family. If somebody from outside the family is the co-owner of a family property, he/she can also make the deed.
Partition Deed is a legal document prepared after all the co-owners mutually agree to the division of the property and all terms and conditions. So, it is a mutual thing. On the other hand, Partition Suit is a suit filed by a co-owner or co-owners when they are in conflict regarding partition of property.
A partition deed clearly signifies that the deed was done after all the co-owners agreed to the terms and conditions of the property division. If a co-owner wants to challenge the deed, he/she can do it, but he/she must prove a solid ground for it.
The Indian Registration Act 1908, Section 17, makes it mandatory to register the partition deed to make it legally valid. Beside, registering the deed is beneficial in the sense that it protects the rights of parties involved in the deed in case a conflict arises in the future. The deed serves as evidence of the exact share of each party. A registered partition deed is completely legitimate.
Yes. But the partition deed should be registered to serve as proof that you are the owner of the particular part of the property.