What is HUF Partition Deed, It's Uses, Documents & Registration Process

A jointly owned property can attract various conflicts from the co-owners concerning transfer, gift, and sale. To avoid such conflicts and get clarity on the share of each co-owner on the property, framing a deed of partition becomes a necessity.

Here are complete details of the partition deed, its importance, format, and more.

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What is the Use of Deed of Partition in HUF?

A partition deed is a legal document containing details of shares and rights of different members of HUF. This imparts members of HUF, a right, to gift, sell or transfer their portion of the property.

The majority of times, a HUF partition deed is necessary when there is more than one owner of a property, and it is under the distribution process.

What is the Importance of the Deed of Partition in HUF?

A partition deed of HUF happens to be an important document due to a variety of reasons. These include:

Providing legal clarity and certainty during the division of assets among family members.
Distinctly defining various rights and responsibilities of the new owner of the property.
Serving as evidence of ownership of property in the court of law.
Preventing disputes and misunderstandings related to that property in future.

What Are the Different Scenarios for Deed of Partition in HUF?

A partition deed of HUF is issued when the property is divided under various scenarios. These scenarios include:

Partition with mutual consent: If all co-owners of a property mutually decide to divide the property, they can visit the registrar's office and peacefully go through it.
Partition without mutual consent: Even if all co-owners do not agree with property division, you can bring a lawsuit to the court along with a partition deed.
Family disputes over property: If there is a family dispute over a property, legal proceedings are a must. After resolving the issue, you can get a partition deed.
In case of inherited property: In case of an inherited property, it becomes a must to get a partition deed in place to avoid conflicts in future.

What Are the Documents Required for Registration of Deed of Partition in HUF?

Following are some documents that you will need to register the deed of partition HUF:

Photo identity cards for all the parties including Voter ID card, Driving License, Passport, Adhaar card, Kisan ID card, PAN card
A PAN card is necessary if the valuation is above ₹5 Lakhs
Registration fee payment receipt
Stamp duty payment receipt
Document handling charges payment receipt
Transferred property map
A PDE information sheet
Image of property which has been transferred
Land Revenue Records as Khasra and Khatoni

Offline Procedure for Registration of a Deed of Partition in HUF

If you are planning to partition a jointly owned property, you will need to register for a deed of partition HUF. For this, you can follow the steps below:

Step 1: Preparing the Partition Deed

In this step, joint owners of a property consult a lawyer to prepare a partition deed as per their terms and conditions.

Step 2: Payment of Necessary Stamp Duty Charges

After the preparation of a partition deed, you will have to pay certain charges to get these legal papers stamped. The stamp duty charges drastically vary from one state to another.

Step 3: Properly Filing the Partition Deed

After the registrar stamps the deed, you will need to physically visit the registrar’s office and file the partition deed. However, many states offer e-filing facilities to ease the process.

Step 4: Verification of Documents

Once the filing is done, the registrar will examine all documents to ensure that no provision violates the law. If all papers are appropriate they will authorise the partition deed.

Step 5: Payment of Registration Fees

This is the last step where you will have to pay the necessary registration to formally register a partition deed. Then the registrar will issue a receipt of registration.

Online Procedure for Registration of a Deed of Partition in HUF

However, you can also conduct this entire process online by following some hassle-free steps. These include:

Step 1: Visit the official website of your state's online property registration site.

Step 2: On its homepage, click on the ‘Deed Writer’ option.

Step 3: Select ‘Partition Deed’ from the available options.

Step 4: Next, click on 'Partition Deed' as the sub-deed option

Step 5: Enter all the necessary details of the parties involved.

Step 6: Input the property valuation details accurately.

Step 7: Pay the applicable stamp duty and registration charges.

Once done, physically visit the registrar's office to register the partition deed.

What Are the Features of the Deed of Partition in HUF?

The features of a deed of a partition in HUF are as follows:

In a HUF, the partition of the deed can only be claimed by any coparcener.
After the partition, the people who were entitled to their respective shares were all the coparceners, the mother, the wife, and also a son in the mother’s womb during the partition.
A minor has the right to partition for his or her share. However, they can do so through their guardian.

What Are the Benefits of the Deed of Partition in HUF?

These are the following benefits of the deed of partition in an HUF:

It helps in the clear division of family shares.
If a HUF wishes to dissolve their status as a HUF as society becomes more progressive in terms of the exclusion of joint families, it can do so after mutual understanding.
A deed of partition will help in the right share of inherited assets in the family property.
It will help members to make whatever use they wish to do of their inherited share or asset.

FAQs About HUF Partition Deed

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Can I revoke or cancel a partition deed HUF?

Yes, you have the option of cancelling or revoking a partition deed. However, for this, mutual consent from all parties is essential.

Can I change a partition deed HUF after registration?

Yes, you can make necessary amendments to a property after registration. However, this decision requires complete consent from all the parties involved.

Who can write a partition deed HUF?

Anyone can write a partition deed. Even you can do it yourself. However, to avoid mistakes in the partition deed, it would be best to hire a lawyer to prepare the papers.

Will I have to pay income tax when issuing the partition deed of HUF?

No, usually, transactions are applicable when issuing a partition deed of HUF. Hence, you will not have to pay income tax on this partition deed.