What is Partition Deed?

Just like buying and selling of properties remains in the pendulum in the same way partition of properties goes hand in hand. It is often observed that two siblings purchase a property together but later one of the co-owner wants to sell his share due to any reason. In that case, a partition deed comes in place. Let us understand what is partition deed in detail:

Partition Deed is the legal document used at the time of partition of a property. In India, joint ownership of properties is a common concept. When the co-owner decides to take his separate share from the property then the need for partition deed arises. Once the partition deed is registered in the property records at the sub-registrar office, then every co-owner of property has their individual rights and titles over their part. This is partition deed definition.

• When the co-owner of an ancestral property wants his/her individual share, then partition deed will play an important role and hence the property will be divided as per the law.

• Property purchase on the basis of joint ownership then the partition of property will be done according to the share given by each partner at the time of purchase. 

• Once the property is divided and partition deed is made then the owner of the property has their right on the property. The person can sell, or rent or gift according to his will at any point of time.

• When the co-owner of the property mutually decides to divide their share on a property. All the parties along with the two witnesses from each side should be present at the registrar office on the alloted date.

• At the time of partition of property the owner of the property is required to pay stamp duty, along with the 2 rupee for registration charges.

• Paying stamp duty at the time of registering partition deed is mandatory under

  the provisions of the Indian stamp Act, 1899.

This is all about

what is partition deed

A partition deed is a legal document used to divide jointly-owned property among co-owners or family members. It ensures each co-owner gets their rightful share of the property, allowing them to manage or dispose of their portion independently. To elaborate more on what is partition deed in property, I’ve shared a few key points about the same. 

What is the Partition Deed Meaning?

• Usage: Commonly used in families to divide inherited properties, or among co-owners who wish to separate their interests.

• Contents: Typically includes the date of partition, names and details of the joint owners, description of their shares, and signatures of all parties involved.

• Legal Implications: Once executed, each party becomes the independent owner of their share and can sell, rent, or gift it as they wish.

• Registration: It must be registered to be legally enforceable, involving payment of stamp duty and registration fees.

It is crucial to consult a legal advocate to get your partition deed drafted.

Read More:

Partition deed is that legal document which is mostly used by families, to divide members’ shares in inherited properties. The need for a partition deed is to create a clear division of shares between the co owners in a common property. This is

what is partition deed in property. Let me also share the

deed of partition format with you here.

A partition deed would mentioned the following information:

• Date of partition

• Statement of partition

• Name, age and address of the joint owners

• Description of their share

• Signatures of the joint owners

• Names and signatures of the witnesses

To execute a partition deed, the following documents are required:

• Original title document

• Land records

• Land map

• Valuation of property

• Registration fee

• Stamp duty

• ID cards of all the parties

• Address proof of all parties

• PAN card

To register a

partition deed between family members

, perform the following steps:-

• As per Indian Registration Act Section 17, the deed should be registered in the sub-registrar's office in the location of the property. 

• All the required documents mentioned above should be submitted.

• Follows the payment of the registration charges and stamp duty according to the Stamp Duty Act, 1899.

  Stamp duty on partition deeds varies from state to state.

  For example, in Delhi, 2% of the value of each separated share of the property. The same rate is applicable on registration of partition deeds in Maharashtra, along with a 1% registration charge.

• Some states have their online websites for the registration of the Partition Deed. You can visit there to proceed online.