What is a partition deed for jointly owned property?

A partition deed is a legal document that formally divides jointly owned immovable property among co-owners allocating specific portions to each owner so that they each receive exclusive ownership of their defined share.

When Is Partition Needed?

  • Hindu Undivided Family (HUF) property division among coparceners.
  • Co-inherited property being divided among legal heirs.
  • Jointly purchased property being separated between co-buyers.
  • Business premises jointly owned by partners being separated.

Legal Requirements

  • Written partition deed must describe each party's share clearly.
  • Stamp duty payable on the deed.
  • Compulsory registration if the property value is above the threshold.
  • All co-owners must consent partition cannot be forced without court order.

A partition deed is the cleanest way to resolve co-ownership when parties want to separate their interests. Always engage a licensed surveyor to precisely measure and demarcate the portions being assigned, and have the deed drafted by a legal professional to prevent future boundary or share disputes.

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