Partition deed
A document by which co-owners of a property divide it so that each gets a separate share in their own name. A partition of immovable property must be registered.
When two or more people own a property together, for example siblings who inherited a house, a partition deed divides it so that each person becomes the sole owner of a defined portion, or one takes the property and pays the others.
The law behind it
A partition deed creates and declares separate rights in immovable property, so it must be registered under Section 17 of the Registration Act, 1908. Stamp duty is charged on an instrument of partition (Article 45 of Schedule I to the Indian Stamp Act, 1899, and the matching article in State stamp laws), usually on the value of the separated shares other than the largest one. Rates differ by State.
Partition, family settlement and relinquishment
- A partition divides the property among all co-owners.
- A relinquishment deed is used when one co-owner gives up their share in favour of the others.
- A family settlement resolves disputes or claims within a family and may cover several properties.
What to include
- Names of all co-owners and how they got the property.
- The full property description and the exact share given to each person, with a plan if needed.
- Any money paid to equalise shares (owelty).
- Signatures of all co-owners and two witnesses.
Everyone must sign
If even one co-owner does not sign, the deed does not bind them. A partition that cannot be agreed has to go to a civil court as a partition suit.
Draft a property partition deed.
खालील स्रोतांच्या विरुद्ध तपासले ७ नोव्हेंबर, २०२६ IST. भारतीय कायद्याबद्दलची सामान्य माहिती, तुमच्या खटल्यासाठी कायदेशीर सल्ला नाही.
ही संज्ञा वापरणारे दस्तऐवज
अधिक स्पष्ट करणारे मार्गदर्शक
- Family Settlement Deed: When It Needs Registration in India
A family settlement does not always need registration. What decides it is whether the paper records a settlement already made or itself transfers rights in property.