Partition Deed

What are the essentials of the Partition deed? 

Discussed below are the essential terms associated with a Partition deed: 
 

• Title: The title of the document should clearly say that it is a "Partition Deed" and also include the time and place of execution.

•  
• Parties: Names of all the parties of all the co-owners involved in the partition, along with their names, addresses, and their respective shares in the property, should be mentioned. 

•  
• Brief: A brief background or context for the partition stating the reason for the partition and also the relationship between the co-owners has to be included. 

•  
• Description: Detailed description of the property being divided, including its location, boundaries, and any unique features have to be added. 

•  
• Share: The percentage share of the property and how it is divided among the co-owners has to be stated. 

•  
• Consideration: If there is any monetary consideration involved in the partition, such as one co-owner compensating another for a larger share, then it should clearly be mentioned in the Partition deed.

•  
• Dispute Resolution: Provisions for resolving disputes that may arise during or after the partition process, i.e. Arbitration, mediation, or legal action, have to be stated. 

•  
• Costs: Amounts such as legal fees and property transfer fees that will be shared among the co-owners should be mentioned. 

•  
• Severability clause: The clause that states that the remainder of the partition deed will still be in effect if any part of it is deemed to be defective or unenforceable. 

Documents required for Partition Deed

Depending on the jurisdiction and the specifics of the property's partition, other documents may be required for a partition deed. 

However, the following documents and data are usually required for all jurisdictions: 

•  
• -The deed of ownership or possession of the property.
•  
• -Proof of identity and addresses of all parties.
•  
• -Photocopies of property tax receipts.
•  
• -Fees for registration and stamp duty.
•  
• -Certificate of Encumbrance.
•  
• -Transferred Property Map. 

Registration of the Partition Deed

Registration of a Partition Deed is one of the important steps in making it legally valid and enforceable. The process of registering a partition deed can vary by jurisdiction, but the general steps are as follows:
 

• Draft the partition deed: Always consult a knowledgeable attorney to draft the partition deed and make sure that it appropriately reflects the terms of the partition, which includes the name of the parties involved, the description of the property, and the circumstances of the partition.

•  
• Gather Required Documents: Get the original property's title deed, all necessary proofs of the party's names and addresses, and any other documents that are related to the property. 

•  
• Visit the Sub-Registrar's Office: Visit the Sub-Registrar's Office of your jurisdiction where documents related to property are registered.

•  
• Book an Appointment: Check the office's website or contact them to schedule an appointment.

•  
• Pay Stamp Duty and Registration Fees: Determine the stamp duty and registration costs associated with the relinquishment deed based on the valuation of the property and local laws.
•  
• Verification and Execution: The partition deed and the supporting documents will be reviewed by the Sub-Registrar or their authorized officer. Ensure that all co-owners and witnesses are present for the execution of the deed. 

•  
• Witnesses and Identification: There should be witnesses for the registration process. The witnesses present should have valid identification documents when the execution is taking place. 

•  
• Registration of the Partition Deed: The registration of the partition deed by the Sub-Registrar has to be endorsed with a registration number, date, and stamp. The Sub-Registrar will retain the original deed while providing certified copies for your records. 

•  
• Receipt and Acknowledgment: After the registration, a receipt will be issued. Make sure to keep these documents safe, as they serve as proof of registration.

•  
• Post-Registration: After the partition deed is registered, it becomes a legally valid document. Ensure that all co-owners receive a copy of the registered deed and keep the certified copies in a secure location with the consent of all the co-owners. 

•  
• Update Property Records: Update the local authority's property records as necessary to reflect the change in ownership so that it doesn't create any dispute in the future. 

What is the impact of non-registration of partition deed? 

According to Section 49 of the Registration Act of 1908, the Partition deed will not be legally binding if it is not registered in law, and it also prohibits the admission of an unregistered Partition Deed in court. 

WebLex’s Stance:

The Partition deed is an important legal document that ensures clarity and fairness in property distribution. Signing the document is an important step, making the deed legally enforceable, while non-registration can make it legally ineffective and inadmissible in court. Overall, the Partition Deed helps to safeguard the rights and interests of all parties involved.