Partition deed or court decree?

In India, ancestral property can be partitioned either through a registered partition deed or through a Court decree.

A partition deed is a legal document that records the division of ancestral property among the co-owners. This method of partition is a voluntary agreement between the co-owners of the property and does not involve the intervention of a Court. The partition deed should be executed in the presence of witnesses and registered with the appropriate authorities.

On the other hand, a Court decree is a judicial order issued by a Court of law in a civil suit for partition of ancestral property. This method of partition involves the filing of a suit in a Court of law and the decision of the Court on the partition of the property.

Both methods have their own pros and cons. A partition deed is a quicker and less expensive method of partition as it does not involve the intervention of a Court. However, it may not be suitable in cases where there are disputes between the co-owners or where the co-owners are not in agreement on the partition of the property.

A Court decree, on the other hand, is a more formal and legally binding method of partition as it involves the intervention of a Court. However, it is a slower and more expensive process as it involves the filing of a suit in a Court of law and the decision of the Court on the partition of the property.

In general, it is advisable to try to resolve any disputes or disagreements through mutual negotiation and agreement, and to execute a partition deed if possible. If this is not possible, then the option of seeking a Court decree may be considered.

Hello Mam

Thank you so much for the detailed reply

Partition Deed: When a partition happens with mutual consent, a partition deed is signed by the co-owners. The partition deed is a written document that transfers property ownership or title. The deed is written on stamp paper and filed with the sub-office. registrar's The division deed becomes legal and binding once it is recorded. Partition via partition deed is much simpler because it is done through discussions between families and avoids long-standing court judgments.

A Partition Deed includes:

Resolution and settlement of the dispute;

Defined share in the partition;

Production of title deeds;

Mentioning all the circumstances;

Complying with existing laws.

A partition deed is the best option. The partition deed becomes legal and binding once it is recorded. As a result, by avoiding the lengthy proceedings of the court, the contesting parties can escape a long and costly road to justice, and the partition deed also serves as evidence for future references.

Execution of a partition deed ought to be the regular choice. Obtaining a decree from the Court through a suit for partition should be exception, only if mutual settlement is impossible.

Sahithi Reddy and P. Venu

Thank you both for the details and your valuable suggestion