official guidance

Deed of Partition

The Deed of Partition is an official guidance template, but the supplied text does not identify the issuing department, an order number or a publication date. Despite its partition heading, its operative clauses provide for one co-owner, called the Releasor, to release a one-half undivided share in land and building to the other co-owner, called the Releasee.

Category
Registration and stamp duty
Pages
4
Status
In force
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What the document covers

The Deed of Partition is a fill-in template concerning property inherited by two parties after the deaths of their parents. The document traces the property to a father who purchased it with his own funds, died without a will, and was survived by his wife and the two parties named in the deed. It states that the parties became absolute owners after their mother subsequently died.

The supplied text does not name the issuing department, an order number or a publication date. The year in the execution heading is left incomplete as “201__” and is intended to be filled in when the deed is executed.

Main effect

Although the document begins as a deed of partition, the operative portion is headed as a deed of release. It provides that:

  • The person identified as the Releasor releases a one-half share described in Schedule B.
  • The release is made in favour of the person identified as the Releasee.
  • The Releasee is to hold the Schedule B property together with the Releasee’s existing one-half share as absolute owner.
  • The Releasor agrees not to make any further claim or demand over the released property.
  • The Releasor agrees to perform any further acts needed to confirm the Releasee’s rights.

Property and supporting details

Schedule A is intended to describe the total property. Schedule B is intended to describe the property released and relinquished, identified in the template as a one-half undivided share of land and building out of the Schedule A property.

The blanks require details including:

  • Names, ages, addresses, identification numbers and mobile numbers of both parties.
  • Details of the father’s registered sale deed and the relevant Sub Registrar.
  • Dates of death and the legal heirship certificate issued by the relevant Tahsildar.
  • Full descriptions of the total property and released property.
  • The value of the released Schedule B property.

Who may be affected

The Deed of Partition template is relevant to the two heirs described as co-owners, their heirs and legal representatives, and anyone examining ownership of the Schedule A or Schedule B property. The Releasor also declares that Schedule B is not subject to pending statutory proceedings or attachment by a court, corporation or revenue authority, and agrees that the Releasee may seek mutation of the revenue records into the Releasee’s name.

This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.

Common questions

Does this template divide the property into two separate portions?

The operative clauses do not describe two separate allotted portions. They provide for the Releasor’s one-half undivided share in the Schedule A land and building to be released to the Releasee.

What property details must be entered in the deed?

Schedule A should describe the total property, while Schedule B should identify the one-half undivided share being released. The template also leaves blanks for the earlier sale deed, registration details and released property value.

Can the Releasee change the revenue records after the release?

The template states that the Releasor agrees that the Releasee may effect mutation in the revenue records as the absolute owner of the released property.

Does the deed include a declaration about disputes or attachments?

Yes. The Releasor declares that the Schedule B property is not subject to pending proceedings under Central or State statutes or attachment by a court, corporation or revenue authority.