A family can have a mutual property for years, but at some point, if they need division or partition, the property is divided into equal shares according to legal rules and regulations.
Now an individual can sell their share of the property as they wish by executing a sale deed without partition, but the Vendee cannot claim rights until a partition suit is filed.
What is a Partition Deed?
- It is a type of legal document that is used to divide an undivided property into equal parts according to the number of shares or partners.
- This gives the property ownership rights to each of the co-owner according to their part of the property and also for drafting a sale deed without partition where the Vendee, later on, enjoys rights after the division.
- It is necessary to make sure that righteous legal distribution of property is being done.
- After its execution, each owner has the right to sell, transfer or gift their share of property or make a will if they need to.
- This right is only entitled after the share of the property is divided through a partition deed, and the same is the case of a sale deed without partition, where the transfer of rights is in action when the court decree is approved.
A Partition Deed with Mutual Consent
- This happens when every owner agrees to a decision, mutually making a partition deed and dividing their property.
- As per the law, it is divided into an equal share, which each co-owner is entitled to receive and cannot claim more or less.
- The partition deed is required so that each co-owner can legally become the rightful owner of their share of the property.
A Partition Deed without Mutual Consent
- A lawsuit must be filed in court if any of the members of the family are against the partition deed and do not want to divide or are not ready for deed registration.
- A stamp paper is required to draft it and register it in a proper authorized manner to make it legally enforced.
This is done as per the Hindu Partition Act of property, 1892. It regulates the division and distribution according to any kind of Testamentary or intestate method of Succession.
Essential Components in a Partition Deed
- Party or parties introduction
- Case facts and details
- The reason for partition
- What led the owners to divide the property
- The actual action and cause
- Relief and court fees or necessary charges
- Schedule of property
- Verification and the necessary documents
As defined by Section 44 of the Transfer of Property Act 1882
- The transfer of property by one co-owner: In the case of an undivided property, if one or more co-owners execute a sale deed without partition, the transferee acquires the rights and interests.
- As the effect of transfer in sale deed without partition, the rights of the transferor, common or part possession and enjoyment of the partition.
- They are not entitled to any part of the joint possession if the person is not a part of an undivided family and has acquired any right through a sale deed without partition.
- As per Section 4 of the Partition Act 1893, If a sale deed without partition is executed for an undivided property and undivided family to a person who is not a member of the HUF, the court gives rights to the shareholder of the said property to purchase it in a righteous amount or share as a fit valuation according to standards.
- The buyer in such a case has to file a suit for a sale deed without partition. The co-owners can sell their part of the property with the conditions that the buyer will file a suit for partition against other co-owners.
- This shall allow the division as per the court decree. On behalf of a sale deed without partition, necessary legal actions are to be taken for the Vendee to claim the paid part of the property as per the deed registration.
Requisite for Sale Deed without Partition
- There shall be no objective certificates from any co-owners for the transfer of ownership, which is the title of the property to a third party who is not a member of HUF.
- Division by bounds and metes reached all out for the co-owners and among them as per law.
- NOC is required for any potential owner of the property who may be a Vendee when the co-owners or owner transfers their part of the undivided property, i.e., a sale deed without partition is prepared.
- The owners may take legal consultation to act on such issues and draft a proposal in the interest of making a partition deed as required.
- The professional will help them to understand their position as co-owners and what actions and obligations are present with the rightful owners of the undivided property.
- A lawyer can help with a sale deed without partition and explain the process and solutions.
- The possession of the property does not lie with the Vendee even after the execution of the sale deed without partition because they get the possession only after the partition of the HUF.
- It can be done through a court decree, partition suit in court, or simply a partition by metes and bounds.
Rights when a partition suit is filed.
- A Coparcener does not have the right to sell a property as they wish if a partition suit is pending.
- As per Section 52 of the Transfer of Property Act 1882, any property rights cannot be exercised by a Vendee if the suit is filed and is in progress, as this is not applicable till the property is divided and ready for use by the owners and similar acts for the Vendee if a sale deed without partition is done.
The partition deed is legally binding, and the co-owners or Vendee can also file a partition suit if any one or more co-owners executed a sale deed without partition. Several legal provisions act on various terms of the division of such undivided property. The owners may need legal consultation for matters relating to undivided property or execution of a partition deed.