LE­GAL REME­DIES

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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.

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