TomorrowMakers

If a property is being divided and there are multiple owners, there might be disputes in each owner's share. In such cases, a partition deed can help define the individual share. Know what it is and how it is created.

A Partition Deed Can Help

The Hindu Succession Act of 1956 defines the division of property among a deceased’s children. It states that if there’s no Will, the property should be divided between each child equally. However, if the deceased parent left a Will outlining the division, the share of each child would be governed by the Will. The law also states that each child will have an equal right to inherit the property from their deceased parents. However, co-owners might raise disputes about their share when the property is divided. To solve all possible disputes, a partition deed helps.

  • The Hindu Succession Act states that children share equally in a deceased parent’s property

  • There might be disputes in the co-ownership of a property which is where a property deed helps

  • The deed outlines the individual share of each co-owner to avoid disputes

  • You can draft the partition deed and register it offline or online to make it a legal document

What is a Partition Deed?

A legal and valid document, a partition deed details the share of each owner in case there are multiple owners of the same property. After the deed defines each owner’s share of the property, the owner can sell, transfer or gift his share to any individual without any restrictions.

Also Read – Is property inheritance a windfall or a burden? Find out

The Objectives of a Partition Deed

A partition deed is an important document to –

  • Identify and state the share of each co-owner

  • Avoid ownership disputes

  • File a lawsuit in the absence of mutual consent of co-owners

  • Allow individual co-owners to make property-related decisions

Registration of a Partition Deed

Registering a partition deed makes it legally valid and is important. Here are the steps to register the deed –

  • Register the deed at the office of the sub-registrar located in the area where the property is situated as specified under Section 17 of the Registration Act.

  • Many Indian states allow online registration of the partition deed. You can check if your state does that and register the deed online.

  • Fill out the partition deed in the standard format and attach the relevant documents. Submit the deed with the documents for registration.

  • Pay the stamp duty which is usually around 2% to 3% of the property value which is the individual share of the co-owner.

  • For online registrations, the payment receipt can be downloaded after the stamp duty is paid.

Click here to read the latest articles on Wise Up

The Bottom Line

If you are a co-owner of a property, draft a partition deed and get it registered to avoid possible ownership disputes in the future. The share of each owner would be outlined in the deed and you can manage your share independently.

Also Read – Know how to convert ancestral property into a self-acquired one

The Hindu Succession Act of 1956 defines the division of property among a deceased’s children. It states that if there’s no Will, the property should be divided between each child equally. However, if the deceased parent left a Will outlining the division, the share of each child would be governed by the Will. The law also states that each child will have an equal right to inherit the property from their deceased parents. However, co-owners might raise disputes about their share when the property is divided. To solve all possible disputes, a partition deed helps.

  • The Hindu Succession Act states that children share equally in a deceased parent’s property

  • There might be disputes in the co-ownership of a property which is where a property deed helps

  • The deed outlines the individual share of each co-owner to avoid disputes

  • You can draft the partition deed and register it offline or online to make it a legal document

What is a Partition Deed?

A legal and valid document, a partition deed details the share of each owner in case there are multiple owners of the same property. After the deed defines each owner’s share of the property, the owner can sell, transfer or gift his share to any individual without any restrictions.

Also Read – Is property inheritance a windfall or a burden? Find out

The Objectives of a Partition Deed

A partition deed is an important document to –

  • Identify and state the share of each co-owner

  • Avoid ownership disputes

  • File a lawsuit in the absence of mutual consent of co-owners

  • Allow individual co-owners to make property-related decisions

Registration of a Partition Deed

Registering a partition deed makes it legally valid and is important. Here are the steps to register the deed –

  • Register the deed at the office of the sub-registrar located in the area where the property is situated as specified under Section 17 of the Registration Act.

  • Many Indian states allow online registration of the partition deed. You can check if your state does that and register the deed online.

  • Fill out the partition deed in the standard format and attach the relevant documents. Submit the deed with the documents for registration.

  • Pay the stamp duty which is usually around 2% to 3% of the property value which is the individual share of the co-owner.

  • For online registrations, the payment receipt can be downloaded after the stamp duty is paid.

Click here to read the latest articles on Wise Up

The Bottom Line

If you are a co-owner of a property, draft a partition deed and get it registered to avoid possible ownership disputes in the future. The share of each owner would be outlined in the deed and you can manage your share independently.

Also Read – Know how to convert ancestral property into a self-acquired one