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Partition
Download India-focused partition templates: HUF/coparcenary partitions, co-owner deeds, oral/partial partitions, confirmations, owelty, leasehold, and family settlements.
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Quick Overview
All templates are provided for reference and should be reviewed by legal professionals before use.
Frequently Asked Questions
Common questions about Partition legal templates
What is a partition deed under Indian law?
A partition deed records division of joint property among coparceners or co-owners, specifying shares and allotments; it is usually stamped and registered.
What templates are included on this page?
Formats for HUF/Mitakshara partitions, co-owner partitions, oral partition evidence/confirmation, partial partitions, partition with cash equalisation (owelty), leasehold partition, and family settlements.
What is the difference between HUF partition and co-owner partition?
HUF partition divides coparcenary property among coparceners under Hindu law; co-owner partition divides jointly held property among owners irrespective of personal law.
Is oral partition valid?
Courts recognize oral partition in limited circumstances if proved by strong evidence; a deed evidencing/confirming it helps for mutation and records.
What is partial partition?
It divides only some properties or separates one member from the rest. Tax treatment and acceptability may vary; ensure clear recitals and schedules.
What is owelty or cash equalisation?
When physical division is unequal, a cash payment is made to equalise shares; the deed should specify the owelty amount and payment terms.
How is partition involving a minor handled?
A guardian acts in the minor’s interest; where court permission is required, obtain it and record that the arrangement benefits the minor.
Do partition deeds require registration?
Yes, deeds effecting present partition of immovable property must be stamped and registered; confirm state-specific stamp duty and valuation rules.
Can only the joint family business be partitioned?
Yes. A deed may divide the business while keeping other assets joint, provided the intent and scope are clearly recorded.
How is leasehold property partitioned?
With lessor’s consent where required and subject to lease covenants; the deed should allocate possession/use and address transfer conditions.