Girish 09 October 2021

Partition deed for property

Dear Lawyers,

My parents bought a joint property (land) with their friend in the year 2001. Then separate houses are constructed on the land with separate electricity connection, separate property tax receipts etc. but middle wall is common. The 7/12 extract has the name of both the owners. The registry is common with all details (land portion, side, plan etc.) mentioned properly. Now when we are trying to sell the property or mortgage for loan customers & banks demand for portion/partition deed. Is it mandatory for sale or mortgage ? if I want to execute partition deed without consent of co-owner (he is not ready) then what is the procedure. Please advise.

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Quick Summary

This discussion addresses the necessity of a partition deed for a jointly owned property where separate houses have been built. When looking to sell or mortgage the property, banks and buyers often require this deed, even if the land registry is common. If a co-owner is unwilling to consent to a partition deed, the only recourse is to file a partition suit in the relevant court.