There are 2 types of partitions, contested and uncontested. In the case of contested partition, the co-owners of the property are not in consensus for partition and wish to contest for the same. On the other hand, in the case of uncontested partition, all the co-owners of the property mutually agree for partition.
Archives: FAQs
Does the value of the property vary in the case of partitioned and unpartitioned lands?
Yes, the value of partitioned and unpartitioned land varies as partition land fetches a better price at the time of sale.
How is the share of individuals divided in the case of joint property?
The ownership rights of all the owners are equal in the case of joint property. The shares in the property are partitioned through a department or court of law, as the case may be.
What is a partition suit?
A suit instituted for the purpose of getting the joint property divided into separate portions according to the rights and share of co-owners is referred to as a partition suit.
What is the meaning of partition of land?
Partition of the land refers to the division of individual shares in joint property. In other words, through a partition, the joint property is divided into separate portions on the basis of the share of co-owners.
Can NRI/PIO transfer immovable property in India?
Yes, they can acquire or transfer immovable property in India on a lease not exceeding five years.
Is there any timeline for the registration of an instrument?
Yes, an instrument that requires mandatory registration shall be registered within four months from the execution of the said instrument. However, if the said four months expire, one could avail an additional four months to register the said instrument.
How can one calculate stamp duty on a particular instrument?
The Schedule under the Indian Stamp Act governs the stamp duty collected on a particular instrument. Furthermore, each state may have its amendment in the said Act.
What is the purpose of registration?
Registering a document is for the purpose to give information on particular properties by getting the document executed. The said documents require mandatory registration, which will provide legitimacy to rights and can be further presented as evidence before the Court of law. The courts of law rely heavily on such records for deciding property disputes.