A partition deed is a deed which comes into place when the property is to be divided into parts among different people. When a property is jointly held by two brothers and the partition of the property has to take place then, a partition deed between two brothers is executed. A partition deed usually covers the information such as details of the property jointly owned, parties involved, assets and liabilities involved, witness details and details of the parties involved. You can check out the partition deed between two brothers format by clicking on the attachment below.When a property is divided each part of the property gets a new title. The co-owners will have to pay stamp duty and registration charges for the same. It is required that the partition deed between two brothers must be drafted in an unambiguous manner, shares of assets and liabilities must be written clearly in the partition deed.Partition deed is subjected to the inheritance laws as well. While executing a partition deed between two brothers, the law of inheritance will also be applicable according to Hindu, Muslim or Christian Inheritance Laws (whichever is applicable).Note:If you fall under the ambit of inheritance laws for Hindus, Jains, Buddhists, and Sikhs then the class 1 heirs of the property can enter into a verbal agreement for partition and settlement, if mutually agreed upon. In this case, there is no requirement for registration of a partition deed. However, a written memorandum must be signed between the family members for such a transaction.I hope you now have a clarity on the partition deed between two brothers format and all the details around it.
It is necessary to ensure that there are no existing liabilities before making a claim to such property left by the deceased. Because I know how hectic it will get in future. And all of the heirs might have to agree on a plan to pay off the loans. So let’s understand the partition deed format.Draft sale deed with the expert guidance of top lawyers from NoBroker
Format of a Partition Deed:
Nimish also listed down all the conditions and the common partition deed format. It is important to note that the purpose of this deed is to provide you with a comprehensive introduction to the deed.Partition Format Deed
Land partition between brothers:
The partition of a property or land between two people who invested in buying a land is determined by their respective contributions.For example, two brothers separately invested Rs. 1 crore in the purchase of land for Rs. 2 crores. Then the land will be equally distributed between them by a partition document. Unless solid evidence of the opposite is shown, the law assumes that each member owns an equal portion of the undivided property or land.
What to mention while drafting property partition between brothers legally?
You must mention every component of division in a partition deed.
It is necessary to disclose the names of the parties involved.
You should specify the date on which the partition is impacted.
It is recommended that co-owners first negotiate an agreement and clearly define the partition's terms and conditions.
When the writing is complete, you must write the deed on stamp paper and the parties must complete the registration process.
When two brothers become co-owner of the poverty then a partition deed must be executed to ensure what part of the land belongs to which co-owner. Otherwise, it can create a lot of confusion. I have checked out two answers written by Mr Nimish and Patel Raunak and I have also checked the attachment partition deed format. If you are checking out the formats I believe you can check out both the links mentioned by them. Both the attachments will help you.Draft any legal document by hiring expert lawyers at NoBroker at a reasonable price!Since I am talking about property partition between brothers I would like to explain what is partition deed is under Hindu Law.As per Hindu law, immovable property is divided among an owner’s legal heir after the death either according to the Will or as per the guidelines stated in the Act if the owner has died without living a Will. The Hindi Succession Act 1956 is applicable to the partition of Hindu Joint Family whereas the Hindu Partition Act of Property 1892 is applicable for a jointly owned property.I will share an example of land partition between brothers.Let’s say Kuntal and Ravi are two brothers and they have mutually decided to draft a partition deed. In this case, Ravi would give up the right in the part that has been allocated to Kuntal and Kuntal will give up rights in the part that has been allocated to Ravi. Besides, the common areas of both the party's land can be considered independent properties. To prove the validity of partition, both the brothers must complete the formalities related to mutation.Apart from this what Mr Nimish and Patelraunak have mentioned about the partition deed format will enrich you. Do check their answer to know more about the partition deed.Read more:What is partition deed?What is the Time Limit To Claim Ancestral PropertyWhich Act And Section States Rights In Ancestral Property By Birth?
The need for a partition deed between family members arises when it becomes important to create a clear division of shares in the common property. One of my cousins opted for a partition deed as he wanted the property division between brothers.Draft sale deed with the expert guidance of top lawyers from NoBrokerThis process was quite new to me so I was curious and enquired, “how to divide property between brothers?” It was during this time that I got to know the importance of the partition deed. He told that the division of land between brothers happened with the help of a partition deed. A partition deed is a legal document created and signed when a joint property is divided. Families typically utilise a partition deed to split each member's share of inherited property. Each member of the group is now the independent owner of his or her portion of the property following the partition through the partition deed and is free to dispose of his or her asset.He mentioned the steps by which he registered a partition deed, which ultimately helped him with the partition of land between brothers.The steps to register a partition deed are as follows;
Visit the Delhi Online Registration Information System website (DORIS)
On the home page, select the "Deed Writer" option.
Next, choose "Partition Deed" from the menu.
Once more, choose "Partition Deed" for the sub-deed option.
To continue with the registration procedure, you must next supply the necessary information for both the first and second parties.
Give specifics about the property's valuation as well.
Visit the Stockholding Corporation of India website to pay your registration fees and e-stamp duty. Once finished, schedule a visit to the registrar's office via an online appointment to register the partition deed.
Last year, my friend Manoj, and his brother filed a suit of partition to divide their father’s plot amongst them. They took legal assistance because a detailed understanding and application of inheritance and succession laws are required as they can be extremely complicated. While writing this answer I remembered the deed of partition sample that Manoj showed to me was somewhat similar to this,I curiously asked him,
How to divide land between brothers?
Manoj informed me that his lawyer provided him 3 advice regarding the same,
If the legal owner of the property does not leave a deed or will in the property distribution, a partition deed or family settlement can be used.
The brothers can agree to file a property agreement between brothers to divide the property into equal portions through document verification and claim what belongs to whom in accordance with the Indian Law for property distribution amongst brothers.
The family members can additionally seek legal counsel to resolve their differences amicably in order to avoid going to court to divide the property among themselves in accordance with Indian legislation for the division of property between brothers. The claimants must be related to one another and should own a portion of the property in concern.
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I curiously asked him,
Partition Deed Between Two Brothers Format
Mannat Bhawani
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June 4, 2021
2021-06-04T14:21:50+00:00 2023-08-01T12:45:15+00:00Comment
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