Where the co-owners or joint-owners of the immovable property/properties no longer desire to continue to hold it in common and are desirous of declaring their shares in such property/properties and holding such shares separately and enjoying their respective part in such property/properties in severalty then at such point of time a lawyer has to advise that such owners or joint-owners can obtain and accomplish their intention through a appropriate deed called as Partition Deed by which deed the lawyer incorporates therein the suitable terms and covenants which divides or effect division of, title, ownership and interest in the immovable property/properties with or without pecuniary or monetary consideration or price though such division is not the element of transfer of property unlike in case of Sale/ Purchase Deed, Lease Deed, Mortgage Deed, Development Agreement & Development Power Of Attorney or Transfer of Development Rights or Agreement for Sale.
The Deed of Partition is subject to various Union and State statutes and legislations as applicable to and affecting the nature of the property as for e.g. the Indian Registration Act 1909; Cantonment Act 1924 the Maharashtra Regional and Town Planning Act, 1966; Maharashtra Land Revenue Code 1966; the Urban Land Ceiling (Ceiling And Regulation) Act, 1976; the Maharashtra Rent Control Act, 1999; the Indian Easements Act, 1882; Land Acquisition Act, 1894; Laws relating to Freehold & Restricted Properties; Laws relating to Flats & Apartment Ownership; Laws relating to Agricultural & Non-Agricultural lands; Guardian and Wards Act, 1890 to name the few.
Forms of Partition Deed:
- Deed of Partition
- Deed of Partition between two co-owners
- Deed of Partition in consideration of owelty
- Deed of Partition reserving claim for maintenance and residence
- Deed of Partition between members of H.U.F.
- Deed of partial partition
- Deed of separation of party from the H.U.F.
- Deed of partition of a common house and relinquishment
- Memorandum of oral partition
- Deed of Partition of properties Subject to mortgage and lease