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A Registered Partition Deed is a legal document used to divide property between co-owners by mutual consent. The joint owners of the property divide their shears among themselves through this deed and become separate and absolute owners of their property. Joint ownership of property is a very common concept. A partition deed is required when the co-owners mutually decide to take their separate shares from the property. Once the partition deed is registered at the concerned Sub-Registry office, each co-owner of the property gets absolute rights, title, and interest over their share and gets the right to sell, gift, mortgage, and lease as he wishes.
When the co-owners of the ancestral property want to divide the property among themselves, the property will be divided as per the law of inheritance. But if the property is purchased jointly, the property will be divided among the co-owners according to their share of the purchase.
REASON FOR PARTITION
A partition deed is required when the division of undivided property based on the shares of the co-owners becomes important. A partition deed should be in place to avoid disputes in the future between the co-owners.
REGISTRATION OF PARTITION DEED
A partition deed is a compulsorily registrable document. A deed of partition has no legal validity unless it is registered. The partition deed has to be registered with the concerned Sub-Registrar of the area where the property is situated. The most important task in partition deed registration is the drafting of the deed. A partition deed should be drafted by a senior and experienced property lawyer as it is very important to correctly mention all the requirements of the co-owners. After the preparation of the draft deed, it should be submitted before the Sub-Registrar for verification. After verification, this deed should be printed on Non-Judicial stamp paper of appropriate value and signed by all the co-owners in presence of two witnesses and submitted to the Sub-Registrar along with all original documents for registration. After being satisfied with all the documents, the Sub-Registrar will allow for the biometric collection and complete the deed registration process.
BENEFITS OF PARTITION DEED
The benefits of the partition deed are mentioned below.
1) A partition deed serves as evidence of the distribution of property among the co-owners.
2) Once the partition deed is executed, each part of the property becomes an independent entity.
3) Each co-owner becomes an independent owner in his or her share.
4) Each divided share of the property gets a new title.
5) A partition deed is necessary to avoid future disputes between the co-owners.
6) Each co-owner gets absolute right, title, and interest over their part.
7) Each co-owner individually gets the right to sell, gift, mortgage, and lease their property.
A Partition Deed is a legal document used to divide property between co-owners by mutual consent.
A partition deed can be done among the co-owners of the property.
In case of ancestral property, the property will be divided among the co-owners as per the law of inheritance but in case of the purchased property, the property will be divided according to the share of the property.
To register an amicable partition deed each co-owner has to reach a common decision and register their decisions in the Sub-Registrar's office by printing the said decision on a non-judicial stamp paper.
Yes, registration of a partition deed is mandatory. If a partition deed is not registered, it has no legal validity.
Registration of partition deeds is mandatory to avoid any problem regarding property boundaries between co-owners in the future. Registration of partition deeds increases its legal admissibility and serves as evidence in court.
If each co-owner wants to keep the original copy of the partition deed then they can register a duplicate partition deed for themselves along with the original partition deed. These duplicate partition deeds will be registered along with the original partition deeds and it has legal validity.
Generally, a minimum of two witnesses are required to attest to the partition deed.
The co-owners decide among themselves who will have custody of the registered partition deed. If any issue arises between the co-owners regarding custody of the partition deed then they can register separate duplicate partition deeds for themselves.
A partition deed can be challenged in court if any problem arises regarding the distribution of property. There must be a valid reason to challenge the partition deed.
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