Is it necessary to register a partition deed?

The partition deed is required to be registered at the office of the sub-registrar of the place where the property is situated as in case of any other registration. The stamp duty payable in such a case is Rs 1,000 for each share of the property. More than one person may jointly own a property.

Can I sell property with partition deed?

When the property is owned by several individuals, a partition deed makes sure there’s a legal division of the property. Upon the execution of a partition deed, each co-owner is entitled to transfer, gift or sell their share of the property according to their will.

How much does it cost to file a partition suit?

The partition suit court fees is Rs. 500. Partitioning can be done in more than one way.

Can self acquired property be partitioned?

Self-Acquired property cannot be partitioned during the existence of the person who has acquired it. The person who has acquired the property can make a Will throughout his existence as to whom he needs to give his property.

Which is better release deed or partition deed?

The safest option would be to go for sale deed to buy the shares of the willing parties. Once partition is effected then each share becomes individual property and the same can be sold. Otherwise, execute release deed with all the children as witnesses.

Is family partition deed required to be registered?

To attain legal validity, a partition deed must be registered with the sub-registrar of the area in which the immovable asset is located. This is mandatory under Section 17 of the Indian registration Act, 1908.

Is there any limitation to file partition suit?

According to the Limitation Act, the limitation period to file a partition suit is 12 years (Article 65 of the Limitation Act). The period of such 12 years begins when there is a notification of the adverse claim to the plaintiff or the co-owners in the public domain.

Which of the following has right to claim for partition?

Under the Mitakshara Law, the right of a son, a grand-son and a great grand-son as well as every other adult member of the coparcenary, can demand a partition even against the consent of the others.

What is a partition deed and how does it work?

Partition deed ensures the legal division of the property which is jointly held by several people. Once the division is done as mentioned in the partition deed, each member is entitled to sell, gift or transfer his share of the property according to his needs. What should a Partition Deed cover?

What happens when a property is partitioned in a will?

Upon the execution of a partition deed, each co-owner is entitled to transfer, gift or sell their share of the property according to their will. When all co-owners mutually agree to have the property divided, they can execute the partition deed.

Is it compulsory to register a partition deed?

Consequently, it is not compulsory to register such partition deeds. Note here that in case the partition has been affected through a partition deed, which has not been registered, the deed will not be admissible as a proof in a court of law.

Can a joint owner of an inherited property sell the property?

That depends if you’re a joint-owner and there are other owners of the inherited property. Upon the execution of the partition deed, you’re entitled to sell/transfer/gift the property. If the partition of the property becomes a problem among family members, the process to execute a partition requires a legal course.