How to get your share out of shared ownership of property


shared ownership of property , nrihelpinfo

Division of shared ownership of Property in India

Partition of shared ownership of property becomes crucial when you want to separate out your share from joint ownership of property. In India, it is common to inherit property from ancestors in joint ownership. In such cases, property lawyer recommends filing for partition in the court of law.

The following few questions are frequently asked for partition of property in India:

What is the partition of the property?

In India, immovable Property is generally owned jointly. Joint ownership implies a property where more than one person is the owner of the property and land. Issuing of disputes is inevitable in such properties. Partition is one of the best solutions. Partition is a division of property as per the share of each co-owner.

How do I know my individual share in the shared ownership of property in India?

Share can exist due to an inheritance of property or through some title document (will, sale deed etc.). Moreover, In the absence of clear title and other documents like survey documents, land records, tax receipts, help to prove the title of a property.

What if no document is available with a person?

In case, if a person has no document available with him, he/she can file for inspection of document records in the Registration Office where property or land is located and get the certified copies of certain documents.

How does the partition of shared ownership take place?

It can be done by:

  1. By demanding one’s share
  2. Mutual understanding among co-owners of property – making an agreement respectively

How can I deal with the partition of property?

Until the time property is joint, shares of co-owners are undivided. After division, individual co-owner gets an ownership share in the joint property as per his entitlement according to the law.  Law of inheritance is also applicable when the division takes place. Each individual co-owner becomes the absolute owner of his piece of land. He is free to dispose of land.

What is the basic role of a partition deed?

It helps in the smooth division. It is an agreement described in a clear and unambiguous manner, executed on a stamp paper. It is needed to be registered at a place where the property or land is situated.  Names of the individuals and their respective shares must be clearly mentioned. Moreover, it must carry the date from which it will be effective.

How effective is Family Settlement agreement?

Partitioning can take place by a family settlement agreement. It is drawn on likewise as a partition deed but does not need any registration or stamp duty. It need not required to be in a written document, can be oral based on mutual understanding among family members.

How does division of estate take place in the court?

A suit for partition is filed in the court which has the jurisdiction in the area where the property and land are located. The court determines the share of a person and property is divided accordingly.  It is determined through different documents proving the title of the person.

What is the role of legal experts?

Partition of the property in India is a very technical subject. Usually, it is not very simple as the shares in the estate are not well defined.  A partition deed executed under the expert guidance and legal advice assists to sail through such problems.

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How to get your share out of shared ownership of property

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