How to divide land between family?

Partition of any property is subject to inheritance laws. Despite rules, it is common to see family members get into an argument. In case, the property is jointly owned by several family members, the said property is divided by executing a partition suit. Let’s read how to divide land between family in such cases.

The Hindu Partition Act of Property, 1892 and the Hindu Undivided Family govern the partition of a property that is jointly owned by 2 or more co-owners while the Hindu Succession Act 1956 governs the Hindu joint family property partition.

You are required to file the partition suit only when a legal notice is ignored. Even if you’re a legal heir but don’t own any supporting documents, then, in that case, you can file the partition suit after obtaining the property-related information from the registration. However, I still advise you to keep a copy of these documents:

• Certified copy of property’s title deed that you claim as an ancestral property

• Property description (location with the survey number, area, boundaries, and more)

• Valuation done by sub-registrar of the property

Please remember that the partition suit needs to be filed in a court that has jurisdiction over the location in which your property is situated

After a partition suit is filed, the court checks whether you have rightful ownership or not. It can even appoint a Commissioner to submit the report for the evaluation of your claim. Depending upon the report, your share is determined.

After the two parties come to a resolution, the next step is to file a partition deed, requiring the sanction of the court. You’ll be required to execute the partition deed on a stamp paper mentioning the share of every person as well as the partition date.

When it comes to partition among family members, thoughtful planning and clear communication are essential. 

What is the Process of Land Division Between Family Members?

Here are some steps to consider about partition of land among family members:

1. Understand Legal Aspects:

• Ownership Type: Determine whether the land is ancestral, self-acquired, or jointly owned.

• Legal Heirs: Identify all legal heirs who have a claim to the property.

1. Legal Documentation:

• Consult a property lawyer to understand the legal implications surrounding the partition of family property.

• Draft a partition deed or family settlement agreement to formalize the division.

1. Sharing Ownership:

• Consider sharing ownership rather than physically dividing the land.

• Allocate specific portions or percentages to each heir.

I hope this helps you with the partition deed among family members.

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