16 JUNE, 2023

You must have heard of the phrase "property partition" in movies or from close friends. However, most people still don’t understand what it is.

Definition of Partition Deed

What is a partition deed? A partition deed is a legal document used to divide a piece of property co-owned by two or more people. It is an agreement setting out the terms and conditions for dividing property and allocating the shares to each co-owner.

Importance of Partition Deed

A partition deed provides legal certainty and clarity on the division of properties or assets. It sets out the rights and responsibilities of each co-owner and helps prevent misunderstandings or disputes in the future. The partition deed also serves as evidence of ownership and can be used as a legal document in court if necessary.

The Purpose Of This Piece Is To Help You Understand More About Partition Deed And All It Entails.

Format of partition deed The partition deed format is as follows:

  • Title of the deed
  • Parties involved; names and details of all the parties involved
  • Brief Description of the Property
  • Terms and conditions
  • Signatures and witnesses: signatures of all the parties involved, i.e., co-owners of the property.

The Partition Deed between Two Brothers format is as above.

Documents required for partition deed

The necessary documentation for the family partition deed is as follows;

  • Identity proof of parties involved; PAN card, voter ID, passport, etc
  • Property documents; these are the documents related to the ownership and title of the property. These may include a sale deed, gift deed, lease deed, etc.
  • No-Objection Certificate (NOC) from local authorities; if the property is in a restricted or regulated area, local authorities may require a NOC.

Affidavit from parties; parties involved may be required to submit affidavits and declarations stating their consent and agreement for the partition.

The registration process for partition deed is not complicated

Definition of registration

What Is Partition Deed Registration? Partition deed registration is a legal procedure to authenticate the ownership of each co-owner and legitimise the transfer of shares/portion of the jointly held property. After the partition deed is ready and the co-owners sign, registering with the sub-registrar of the property is mandatory. That is, as per the provision of the Registration Act 1908. Registration legitimises the partition deed, and only the registered mortgage partition deed can be admissible as evidence in a court of law.

Steps for Registration for Partition Deed

The registration process of a partition deed involves several steps, which are:

  • Preparation of Partition Deed; The first step of the partition deed registration process is to prepare the property partition deed. Here, co-owners can either consult a lawyer or do it themselves.
  • Payment of Stamp Duty; after the deed preparation, the deed will need to be stamped. The partition deed stamp duty paid is calculated as a percentage of the share of the property transferred. There are variations in stamp duty loans in across states, and one should get the information where the partition is taking place.
  • Filing of Deed; After stamping, the next step is to file the partition deed physically with the registrar of the sub-district where the property is. Many states now provide e-filing facilities, particularly for smaller transactions.
  • Verification; After filing the partition deed, the registrar verifies the document to ensure that all the provisions are in compliance with the law. If everything is in order, the registrar will approve the partition deed.
  • Registration; The final stage is to pay the registration fee. Once this is over, the registrar will formally register the partition deed and issue a receipt of registration.

Timeframe and Fees

The registration of a partition deed usually takes around a week. However, the timeframe may vary depending on the workload at the sub-registry office. The registration fee varies from state to state, depending on the share of the property subject to transfer and the documentation used.

Consequences of Non-Registration

Failing to register the partition deed can lead to severe legal implications. Unregistered partition deeds are not admissible as evidence in court, which means that the co-owners cannot enforce the rights conferred upon them under the partition agreement. Also, Non-registered deeds bear the risk of being challenged by third parties who dispute the property rights of co-owners.

Read also: Conveyance Deed: Meaning, Types, Purpose, Difference from Sales Deed

Conclusion

The partition deed and registration are crucial to your property rights and management. That’s why you can't afford to take this lightly.

To ensure you do it right, you may need to hire an attorney to ensure you follow the proper legal procedures at every step. Doing so will ensure you never find yourself on the wrong side of the law and help you avoid exploitation. But that’s not all you stand to gain.

  • A lawyer will help you protect your interests
  • Ensure proper legal documentation

Help you avoid legal disputes etc

FAQs About Partition Deed

When is a partition deed required?

A partition deed is required when two or more people share a property and want to divide it between themselves.

Can a partition deed be canceled or revoked?

Yes, but this is not easy. The only way that can happen is by mutual consent of all parties involved or by a court order.

What is the format of a Partition Deed, and what should it include?

The format of a partition deed includes the title of the property deed, parties involved, a brief description of the property, terms and Conditions, signatures, and witnesses.

What are the consequences of not paying partition deed Stamp Duty or not registering a Partition Deed?

Unregistered partition deeds are not admissible as evidence in court. Non-registered property deeds are also at risk of being challenged by third parties who dispute the property rights of co-owners.

Can a Partition Deed be challenged in court?

Yes, It can be.

Can a Partition Deed be amended or modified after registration?

Yes, but the process varies depending on each circumstance. In general, any changes to a registered partition deed would require the consent of all parties involved in the original partition document.

What is the role of a lawyer in the Partition Deed process?

To provide legal guidance and representation to the parties involved in the property partition.

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Disclaimer: This Article is for information purpose only. The views expressed in this Article do not necessarily constitute the views of Kotak Mahindra Bank Ltd. (“Bank”) or its employees. Bank make no warranty of any kind with respect to the completeness or accuracy of the material and articles contained in this Newsletter. The information contained in this Article is sourced from empaneled external experts for the benefit of the customers and it does not constitute legal advice from Kotak. Kotak, its directors, employees and the contributors shall not be responsible or liable for any damage or loss resulting from or arising due to reliance on or use of any information contained herein.