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Deed of Partition starting from

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What is a Deed of Partition?

A Deed of Partition or Partition Deed is a document wherein a property, jointly held by co-owners, is divided so that each person gets a share and becomes the owner of the share allotted to him. Where a property is held by two or more persons, they enjoy limited rights over the property, as their undivided shares leave a lot of scope for uncertainty. Even though they are joint owners, they are not free to rent, sell or gift the property on their own accord, unless each co-owner agrees to such a proposition. In other words, the consent of each co-owner is required to carry out any such transaction. By executing a Deed of Partition, the respective share of each party can be determined, in writing, so that each party could enjoy, exploit or use their part of the share without any indulgence. A detailed Deed of Partition helps avoid conflicts among family members or partners and prevents ambiguity.

A Partition Deed is required to be registered at the office of the Sub-Registrar within whose jurisdiction the property is situated. Registration of a Partition Deed is mandatory under the Registration Act 1908.

Why need a Deed of Partition?

Defined Division
A Deed of Partition clearly defines the shares of the co-owners in the jointly held property or assets.
Tax Benefits
The Beneficiaries of the Deed of Partition are not liable to pay any capital gains tax after the division of a property.
Absolute Ownership
The respective owner of his or her share is free to use the property as per his own free will, without the obligation of seeking the consent of the other co-owners.
Reduces External Liabilities
After a Deed of Partition is executed, each member becomes the independent owner of his share in the property and is free to rent, sell or gift his/her asset as per his/her wishes.

Documents / Details we need

Names and References
Details of both the parties including photographs
Property/Asset Details
Scanned Copy of the original property papers that are to be partitioned
Reason for Partition
Reason for partition along with necessary documents as requested
Share of Each Party
Details regarding the agreed share of each party to the Deed of Partition.

Important Clauses

Effective Date
This clause sets the date on which the property or properties being divided under the Deed of Partition becomes effective and the rights and obligations of the parties thereto become operational.
Relinquishment
This clause relinquishes the rights and interests of one party from the share of the other parties and further establishes an agreement to recognize and accept others as the absolute owners of their share in the property under the Deed of Partition.
Share of each Party
This clause determines each party's share in the property or properties being divided under the Deed of Partition. The share must be mutually agreed upon by all the parties to the Deed of Partition.
Dispute Resolution
This clause clearly states the resolution methods to opt in the event of any disputes or differences arising among the parties in respect to the Partition Deed.

What's the process ?

1. Assessment
Our team will reach out to you to obtain the necessary information to assess the reasons for partition and the understanding reached between the parties as well as other relevant information.
3. First Ready Draft
We will complete the first draft of the Partition Deed and email it to you for approval within 48 hours. Following approval, any necessary adjustments will be made and submitted to you on the agreed next date.
2. Due Diligence and Drafting
Once we receive the information, we will begin drafting the Deed from scratch, including defining the reason for partition, details of the property(ies) to be divided, the proportion in which property has to be divided, dispute resolution among other clauses as required by the parties.
4. Final Agreement
With a high-quality team of professionals, the entire process of creating the draft and delivering the final copy of Pa will be Partition Deed Accomplished in 72 working hours.
1. Assessment
Our team will reach out to you to obtain the necessary information to assess the reasons for partition and the understanding reached between the parties as well as other relevant information.
2. Due Diligence and Drafting
Once we receive the information, we will begin drafting the Deed from scratch, including defining the reason for partition, details of the property(ies) to be divided, the proportion in which property has to be divided, dispute resolution among other clauses as required by the parties.
3. First Ready Draft
We will complete the first draft of the Partition Deed and email it to you for approval within 48 hours. Following approval, any necessary adjustments will be made and submitted to you on the agreed next date.
4. Final Agreement
With a high-quality team of professionals, the entire process of creating the draft and delivering the final copy of Pa will be Partition Deed Accomplished in 72 working hours.

Why choose us

PERSONALISED SERVICE

A dedicated Case Manager ensures quick turnout to all your queries and tailored solutions that fit perfectly for your requirements.

72 HOURS DELIVERY

All your drafting queries are addressed, understood, and delivered with quality under 72 Hours.

EXPERIENCED TEAM

Our team of dynamic professionals is well experienced and extremely proficient to cater to your needs, ensuring the best service.

24/7 HELPLINE

We are available to address and clarify all your queries round the clock. So you can worry less and focus more on the business.

Frequently Asked Questions

Yes, a partition deed can be challenged.
As long as a formal memorandum of agreement has been signed by the family members involved in the division, the partition will be legitimate. This document does not need to be registered, and an oral or verbal agreement is not valid.
The necessity for a partition deed arises when the parties to the deed want to sell or alienate their interest in the property, and they can’t do so without a partition deed. When there are disagreements over how and how a property should be split, a partition deed might be used.
A property would be split according to the law, either by a partition deed or a partition action. The necessity for the second choice comes in the event of a disagreement or when the co-owners cannot agree on the split. In this situation, a partition suit must be filed in a court of law with jurisdiction over this type of dispute. Before one can file a suit, they will have to issue a request to all the co-owners, demanding partition. In case the parties refuse to entertain your request, you are within your legal rights to move court over the matter. Under the Indian laws, the aggrieved party must approach the court within three years, from the date when the right to file a partition suit accrues.
Yes, it is compulsory to register a Partition Deed and the required Stamp Duty should be paid accordingly. By registering the Deed, it’ll become a permanent public record and a notice to the general public of the change in title. If not registered, then the document will not be admissible as a piece of evidence under Section 49 of the Registration Act 1908.

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