Partition Deed Handbook

A Partition Deed is an instrument used to record the division of jointly held or commonly held property or interests among persons having rights in that property, subject to the applicable law and the facts of the particular case.

The persons participating in a partition may be described as co-sharers, co-owners, family members or other persons having partitionable rights, depending upon the circumstances.

The purpose of a Partition Deed is generally to record the agreed division, the existing shares of the parties and the property or portion allotted to each party.

A Partition Deed should accurately reflect the actual rights of the parties and the arrangement agreed between them. AadharaM does not independently determine the legal entitlement of any party.

The first step is to correctly identify all persons who are participating in the partition and all persons whose rights may be affected by the proposed arrangement.

• Full name
• Age
• Father's / Mother's / Spouse's name, where relevant
• Occupation, where relevant
• Complete residential address
• Relationship with other parties, where relevant

The persons shown in the document should correspond with the persons actually having the relevant rights or interests in the property.

The identity and legal status of every party should be independently verified before finalizing the document.

Where the proposed partition arises from a family or succession relationship, the relevant relationship between the parties may be recorded.

The relationship information may help explain the background of the proposed partition, but relationship alone should not be treated as proof of a particular share in the property.

The actual rights and shares should be established from the relevant title documents, succession records, previous partition documents, court orders or other legally relevant records.

Any family arrangement, prior understanding or other relevant background should be accurately stated and independently verified.

The property must be described clearly enough to identify the property that is the subject of the partition.

• District
• Taluk
• Village
• Local body
• Locality / Desam
• Survey Number
• Re-Survey Number
• Block Number
• Extent
• Property description
• East boundary
• West boundary
• North boundary
• South boundary

Survey particulars, extent and boundaries should be checked against the relevant title and land records.

Where different portions are to be allotted to different parties, the particulars of each allotted portion should be capable of being identified clearly.

The title documents through which the parties acquired or claim their interests in the property should be examined before preparing the partition document.

Where relevant, the previous document number, year, date, Sub-Registrar Office and nature of acquisition may be recorded.

Depending upon the circumstances, the title history may also involve succession, inheritance, previous partition, family arrangement, settlement, gift, sale, court order or other legally relevant documents.

The title history should not be assumed merely from information entered into the builder. Original documents and relevant records should be independently verified.

The existing share or interest of each party should be identified before describing the proposed allotment.

Shares may arise from title documents, succession, inheritance, previous partition, family arrangement, court orders or other legally relevant circumstances.

The mathematical calculation of shares should be independently checked. AadharaM does not determine whether a particular party is legally entitled to a particular share.

The document should clearly identify the nature of the proposed partition.

• Full partition
• Partial partition
• Division of specified property
• Division of specified portions
• Retention of common or undivided property
• Other agreed arrangements relating to the parties' rights

The nature of the partition should accurately reflect the actual arrangement between the parties.

A partial partition or retention of common property should be expressly and clearly identified where applicable.

The Partition Deed should clearly describe the property or portion proposed to be allotted to each party.

Where separate portions are created, the relevant extent, boundaries, survey particulars and other identifying details should be properly described.

The total allotments should be checked against the total property and the respective shares of all parties.

• Name of the party receiving the allotment
• Share allotted
• Property or portion allotted
• Extent
• Survey / re-survey particulars
• Boundaries
• Remarks or special terms, where applicable

In some partition arrangements, the value or physical extent of the portions allotted to the parties may require an adjustment or equalisation arrangement.

Where any monetary payment, adjustment, equalisation or other arrangement is proposed, the actual terms should be accurately recorded and independently reviewed for their legal and financial implications.

AadharaM does not determine whether an equalisation payment is legally required or whether a particular arrangement correctly represents the parties' legal shares.

A partition may leave certain property or rights common or undivided among the parties.

Where any property, pathway, access, facility, structure or other right is intended to remain common, the relevant arrangement should be clearly identified.

The document may also record rights retained by a party, subject to the actual agreement and applicable law.

Ambiguous descriptions of retained rights or common property may create disputes later. Such provisions should therefore be carefully reviewed before execution.

The document may record the possession position of the respective portions following the proposed partition.

It may state whether possession has already been separately enjoyed, whether possession is being delivered, or whether any property remains in joint possession.

Possession particulars should accurately reflect the factual position and should not be entered merely for convenience.

If possession is different from the proposed allotment or if a party continues to occupy another party's allotted portion, the circumstances should be independently examined.

Before finalizing a partition arrangement, the parties should examine whether the property is subject to any mortgage, charge, attachment, liability, restriction, tenancy or other encumbrance.

Existing loans, taxes, statutory liabilities and other obligations may also require consideration.

Where liabilities are to be borne by particular parties after partition, the arrangement should be clearly recorded and independently reviewed.

The existence and status of encumbrances should be independently verified from appropriate records.

Depending upon the circumstances, the following records may be relevant:

• Previous title deeds
• Previous partition or family arrangement documents
• Succession-related records
• Legal heirship or other relevant records, where applicable
• Survey and land records
• Tax or revenue records
• Possession-related records
• Encumbrance-related records
• Identity documents of the parties
• Relevant court orders, where applicable
• Other documents relating to title or possession

The exact documents required will depend upon the property, parties, title history and applicable legal and registration requirements.

Witness particulars may be included in the document as appropriate to the transaction and applicable requirements.

The names, ages and addresses of witnesses should be entered accurately.

The execution requirements applicable to the particular Partition Deed should be independently verified before execution.

Witnesses should not be listed merely as a formality if their attestation or presence is required for the particular instrument.

A partition involving immovable property may be subject to applicable stamp duty, registration and other statutory requirements.

The applicable requirements can depend upon the nature of the partition, the property, the relationship between the parties, the manner in which the rights arise and the law applicable at the relevant time.

The appropriate Sub-Registrar Office and the current procedure should be independently confirmed before execution and registration.

The generated AadharaM model should not be treated as confirmation that a particular transaction satisfies the requirements for execution or registration.

A Partition Deed is different from a Sale Deed, Gift Deed, Settlement Deed and Release Deed.

A partition generally concerns the division or separation of existing rights or interests among persons having rights in the property. A sale, gift, settlement or release may have a different legal purpose and effect.

The correct instrument should therefore be selected according to the actual transaction and circumstances.

Before generating the Partition Deed model, check:

• All parties / co-sharers are correctly identified.
• Names and addresses are correctly entered.
• Family or relationship details are accurate where relevant.
• The basis of the existing shares has been examined.
• Property particulars are complete.
• Survey and re-survey numbers have been checked.
• Extent and boundaries have been verified.
• Previous title documents have been examined.
• Existing shares have been independently determined.
• The nature of partition is correctly identified.
• Allotments correspond with the proposed partition.
• All allotted portions are clearly identifiable.
• Common property, if any, is properly identified.
• Retained rights are properly described.
• Equalisation or adjustment arrangements are clear.
• Possession details reflect the actual position.
• Liabilities and encumbrances have been considered.
• Witness particulars are correct.
• Current registration requirements have been verified.
• Professional review has been obtained where necessary.

• Leaving out a person who may have a relevant interest.
• Incorrect names or identity particulars.
• Assuming family relationship automatically determines the share.
• Incorrectly calculating existing shares.
• Incorrect survey or re-survey number.
• Incorrect extent or boundaries.
• Failing to examine the previous title documents.
• Failing to identify the basis of the parties' rights.
• Allotting property without clearly describing the portions.
• Failing to identify common or undivided property.
• Leaving equalisation or adjustment terms unclear.
• Ignoring mortgages, charges or other encumbrances.
• Incorrect possession details.
• Incorrect witness particulars.
• Using outdated information about stamp duty or registration.
• Using the educational model without appropriate professional review.