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.
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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.
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