Families' real estate assets are sometimes owned by several people collectively. A partition deed or partition agreement is used when there are multiple stakeholders because it is difficult to divide or sell it owing to conflicting opinions and interests.
There are numerous provisions for distributing the property among its owners fairly in order to resolve property disputes on properties owned by several persons. The partition deed is one such clause. Everything you need to know about the partition agreement is provided here.
Partition Deed For A Property: What Is It?
Commonly, numerous people will jointly own an immovable estate that belongs to a family. The co-owners of such merged property choose to act independently because their rights are restricted.
A partition deed, also known as a deed of partition or a partition agreement, is a legal document that allows the property to be divided among co-owners. So that each co-owner is given his portion and becomes the legal owner of the share allotted to him.
When Is A Partition Deed Necessary?
A co-owner of a joint property cannot rent, sell, or give away their portion of the property without the other owners' approval. When it's crucial to establish a clear division of shares in a property, a partition deed is required. To split each member's portion of inherited property, it is most frequently employed by families with the joint property.
Following this, each member acquires independent ownership of their respective portion of the property, that’s when the partition agreement comes in handy. At this point, they are each free to dispose of it as they see fit by selling, renting, or gifting it.
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What Method Of Property Division Does A Partition Agreement Use?
The split of a property between two investors who each contributed a certain amount is determined by their respective contributions.
Applying Inheritance Laws to the Partition Deed
Any division of property is subject to the laws of inheritance. Hindu, Muslim, and Christian inheritance laws are governed by their own inheritance laws.
At the time of the division, each member's portion is calculated based on his or her claim under the relevant inheritance rules. In the event that a Hindu inherits an estate, the Hindu Succession Act, 1956 shall be applicable.
Following the execution of a partition deed, what happens to a property?
Following the division, each divided share receives a new title and each portion of the property becomes a separate business. The claims on the shares that were allotted to the other members are also given up by the members. In the case of a property owned by A, B, and C, the partition deed or partition agreement would require A and B to relinquish their rights to C's allotted share and vice versa.
Each member now owns a stand-alone property inside an estate, with the exception of the common areas where rights of easements apply. They now have the freedom to manage their share however they see fit thanks to this. To make the property modifications enforceable, both parties must finish the property mutation process.
What Sets A Partition Deed Apart From A Partition Suit?
A property may be divided in one of two ways, according to the provisions of the law:
Using A Partition Deed
When it's crucial to establish a clear division of shares in a property, a partition deed is required. To split each member's portion of inherited property, a partition agreement is most frequently employed by families with the joint property.
Through A Partition Suit
If there is a disagreement or the co-owners cannot agree to the division, it may be necessary to file a partition lawsuit. An appropriate court of law must be contacted to launch a partition suit in this situation. However, they will need to send out a request to all the co-owners before a lawsuit is launched.
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