Partition Deed:
A legal document that:
- Divides joint property
- Creates separate ownership
- Specifies each person's share
- Transfers defined portions

Why Partition Is Done:
- End joint ownership
- Define individual portions
- Avoid future disputes
- Enable separate dealings
- Manage property independently
- Tax planning

Commonly Partitioned:
- Ancestral property
- Inherited property
- Jointly purchased property
- HUF property
- Partnership property
- Co-owned property

Actual Division:
- Property physically divided
- Each gets specific portion
- Boundaries demarcated
- Separate deeds possible

Example:
1-acre land divided into:
- Plot A: 0.5 acre to Person 1
- Plot B: 0.5 acre to Person 2

Technical Description:
- Exact measurements
- Boundary points specified
- Survey numbers
- Physical demarcation

Monetary Division:
- Property valued
- One party keeps property
- Pays others their share
- Used when physical division impractical

For Legal/Tax Purposes:
- No physical division
- Shares defined
- Continues as joint
- Used for HUF, succession

Partition Required When:
1. Co-owners want separate ownership
2. One wants to sell their share
3. Disputes among owners
4. Different usage intentions
5. Estate planning purposes
6. Tax planning
7. Before family disputes arise

Who Can Demand:
- Any co-owner
- Any coparcener
- Cannot be denied
- Even one person can separate

Partition Deed:
- Divides existing property
- Among co-owners
- No new ownership created
- Recognition of shares

Sale Deed:
- Transfers ownership
- To new owner
- Consideration involved
- New ownership created

Partition Deed:
- Multiple parties get shares
- Division among all

Release Deed:
- One gives up share
- To remaining co-owners
- Only one party relinquishes

Partition Deed:
- Division of existing rights
- All have pre-existing interest
- Not a gift

Gift Deed:
- Transfer without consideration
- Donor gives away
- New ownership created

Can Execute:
- All co-owners
- Coparceners of HUF
- Legal heirs
- Representatives with POA

Must Include:
- All persons with interest
- Cannot exclude any co-owner

Important:
- All co-owners must agree
- All must sign the deed
- Minors through guardian
- Court permission may be needed

Must Include:
□ Parties' details
□ Property description
□ Total property details
□ Share of each party
□ How partition is done
□ What each party gets
□ Common areas (if any)
□ Rights of way
□ Future obligations
□ Consideration (if any)
□ Witnesses
□ Date and place

Detailed Description:
- Survey number
- Sub-division numbers
- Plot number
- Door/House number
- Total area
- Boundaries (all 4 sides)
- Location details

Clear Statement:
"Party A receives:
- [Specific property description]
- Measuring [X] sq. ft.
- Bounded on North by [Y]
- East by [Z]..."

PARTITION DEED

This Deed of Partition made on [Date]

BETWEEN:

PARTY A: [Name], S/o [Father], aged [X],
residing at [Address], hereinafter called
"FIRST PARTY"

PARTY B: [Name], S/o [Father], aged [X],
residing at [Address], hereinafter called
"SECOND PARTY"

[Add more parties as needed]

WHEREAS:

1. The parties are joint owners of the 
   property described in Schedule A hereto.

2. The parties have agreed to partition 
   the said property among themselves.

NOW THIS DEED WITNESSES AS FOLLOWS:

1. The First Party shall have exclusive 
   ownership of the property described 
   in Schedule B hereto.

2. The Second Party shall have exclusive 
   ownership of the property described 
   in Schedule C hereto.

3. [Common areas, if any]

4. [Rights of way and easements]

5. Each party shall pay their respective 
   property taxes from the date of this deed.

6. [Additional terms]

SCHEDULE A: [Original joint property]
SCHEDULE B: [First Party's share]
SCHEDULE C: [Second Party's share]

IN WITNESS WHEREOF...

FIRST PARTY: _____________ (Signature)
SECOND PARTY: _____________ (Signature)

WITNESSES:
1. _____________ (Signature)
   Name:
   Address:

2. _____________ (Signature)
   Name:
   Address:

Legal Requirement:
- Partition deed must be registered
- Under Registration Act, 1908
- At Sub-Registrar's office
- Where property is located

Required:
□ Draft partition deed
□ Original title documents
□ Previous chain of documents
□ Encumbrance certificate
□ ID proof of all parties
□ Address proof
□ Photos of all parties
□ Property tax receipts
□ Approved building plan (if applicable)
□ NOC (if required)

Process:
1. Draft deed prepared
2. Stamp duty paid
3. Appointment at SRO
4. All parties present
5. Documents verified
6. Biometrics captured
7. Signed before Sub-Registrar
8. Registered deed returned

Registration Usually:
- Same day if simple
- May need multiple visits
- Complex cases take longer

Varies by State:
- Based on property value
- Government circle rate
- Or market value (higher)

Range:
- Typically 1-5%
- Some states have lower rates
- For partition among family

Approximate Rates:

Maharashtra:
- 1% of market value
- For family partition

Karnataka:
- 5% of market value

Delhi:
- 1% for partition

Uttar Pradesh:
- As per scale

Check Current Rates:
- Rates change frequently
- Check stamp office

Some States Allow:
- Reduced rate for family
- Exemption for ancestral property
- Agricultural land concessions

Verify locally

Valuation Methods:
1. Government guidance value
2. Circle rate
3. Ready reckoner rate
4. Market value assessment

Highest Usually Applies

Options:
- Government valuation
- Independent valuer
- Mutual agreement
- Court determination

Must Do:
□ Mutation in revenue records
□ Property tax name change
□ Society records update
□ Utility connections
□ Bank records (if mortgaged)

Each Owner Can Now:
- Sell their portion
- Mortgage independently
- Gift or bequeath
- Develop as desired
- Without other's consent

Court Partition Needed When:
- Co-owners don't agree
- Disputes on shares
- Missing co-owner
- Minor's interest involved
- Fraud alleged

Partition Suit:
1. File suit in civil court
2. Name all co-owners
3. Describe property
4. State your share claim
5. Court examines
6. Appoints commissioner
7. Division recommended
8. Court decree issued

Court Commissioner:
- Inspects property
- Surveys and measures
- Suggests division
- Or recommends sale
- Reports to court

Court Partition:
- 2-10 years typically
- Complex cases longer
- Appeals extend time
- Expensive process

Hindu Undivided Family:
- Any coparcener can demand
- Total or partial partition
- Tax implications
- Proper documentation
- Separate deeds

Considerations:
- Fragmentation laws
- Minimum holding limits
- State-specific rules
- Agricultural income tax

Issues:
- Tenant rights continue
- Cannot prejudice tenant
- Rent apportionment
- Eviction laws apply

If Mortgage Exists:
- Bank consent may be needed
- Loan restructuring
- Proportionate liability
- Document carefully

Prevent By:
- Clear boundaries
- Physical demarcation
- Survey and measurement
- Photos and records
- Easement rights specified

Possible If:
- All parties agree
- Consideration paid for excess
- Documented properly
- Stamp duty on transfer portion

Options:
- Trace and include
- Court partition
- Legal representative
- Cannot proceed without

Partition:
- Generally not a transfer
- No capital gains on partition
- Original cost retained

Exception:
- If consideration exchanged
- May attract tax

As Per State:
- Duty on deed
- Not usually on transfer basis
- Concessional rates possible

After Partition:
- Each owns separately
- Income to individual owner
- Separate tax returns
- HUF implications

Before Partition:
□ All co-owners identified
□ Property documents gathered
□ Shares agreed upon
□ Division method decided
□ Survey done if needed
□ Encumbrances checked
□ Lawyer consulted

During Process:
□ Deed drafted properly
□ All parties sign
□ Stamp duty paid
□ Registration completed
□ Original received

After Partition:
□ Mutation applied
□ Tax records updated
□ Utilities transferred
□ Copies to all parties
□ Original safely stored