How to effect partition of property?


If all the parties have share (common right) in the property then partition can be effected.

If partition is effected through an instrument then such instrument must be compulsorily registered.

Stamp duty has to be paid in respect any kind of partition whether it is to be compulsorily registered or not.

Parties to the partition may agree to effect partition of unequal shares.

When there are two or more heirs, can one or two be made full owners by others by taking money in lieu of their share?


Yes. Any of the co-owners can individually or collectively release his / their right in favour of one or more collectively as the case may be and make him / them full owner.

This kind of release can be with or without payment of money. This document is called Release.

Release can be made not only in case of inherited property but also in case of joint purchase/acquisition.

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