becomes easier to transfer such properties.
It may not always be possible to carry out physical partition of a particular property. For instance, certain properties such as flats cannot be physically partitioned by metes and bounds in a reasonable manner or partition may potentially reduce market value. Also at times, partition of property may not be beneficial to the co-owners in the long run. In such cases, the best course of action may be to sell the property. The parties may voluntarily opt for this or upon the request of any co-owner, either individually or collectively, the Court can direct a sale of the property and distribution of proceeds amongst co-owners. Upon sale of the property, the proceeds may be divided amongst the erstwhile coowners in the ratio of ownership that they held in the property.
The right of a co-owner to sue for partition is a right which is continuing in nature. It is a right which is incidental to having ownership in a joint property. That is, it is open to a co-owner to demand separate enjoyment of his share of the property, at any time he likes. So long as a co-owner’s right in the joint property subsists,
his right to seek partition and demarcation of his specific share, also subsists.
Co-owners of a property can divide their property by executing a partition deed. This document is required to be compulsorily stamped and registered as per the rates of stamp duty prescribed by the state in which the immovable property in question is located. Stamp duty on partition is levied on the largest share remaining after the property is partitioned. In Delhi, registration fees on a partition deed is calculated based on the value of share of the property on which stamp duty is assessed as prescribed in Indian Stamp Act, 1899, as applicable to Delhi.