Partition is a division or splitting of a Hindu Joint family which brings the life of a coparcener to an end. According to mitakshara school separation means two things, 1. Severance of status or interest. According to Dayabhaga School of Hindu law it means only division of property by meets and bounds. For partition to take place at least to coparceners are required. Partition is a term used in the law of real property to describe an act by court order or otherwise to divide up a concrete estate into separate portions representing the proportionate interest of the  owners of property.

Following can be ascertain as one of the modes of separation:

1. Enter an agreement to effect on it.
2. Appoint an arbitrator to arbitrate and divide the property.
3. Partition by will.
4. Separation by suit.
5. Marriage under special marriage Act, 1954.

Property Partition among the family members

• A deed for property is executed to divide the property among the family members. It is a division of a property jointly held by several person so that each person gets a share and becomes the owner of the allotted part of the property. It is done by dividing the property according to the shares to which each of the parties are entitled to in the law as applicable to them.
• Each divided property gets a new title and each shares gives up his interest in the property in favour of other share. Hence, partition is a combination of surrender and transfer of certain rights in the estate except those which are easement in nature. Transferee can then further deal with the property in any manner as he may so desires. He can sell, transfer, exchange or gift the property as absolute owner.

Mutual Consent

• In case of mutual consent, it is executed by the co-owners. The separation deed is required to be registered at the place where the property is situated as in the case of any other registration.
• All such persons will have their equal or certain percentage of the rights to possess and use the property one important ingredient in co-ownership is undivided share. Though all owners own equal or part of the whole property, their respective shares are not physically ascertainable with boundaries. Shares of co-owners of a property need not necessarily be equal. It depends on their investment on the property as detailed in the purchase document.
• In the absence of any such details as to the share or investment made for acquisition of property in the purchase document, it is presumed in law that all the co-owners have equal undivided share of interest, right and title in the property.

Co-owners

A co-owners share in the property is inheritable and transferable. Share of investment of each co-owner in the property and the undivided share in rights, interest, title of the property should be clear and explicitly identified.

• A separation suit is required to be filed in the appropriate court of law. It should be executed on a stamp paper and drafted in a clear and unambiguous manner. The share of each person should clearly defined.

Creates new owners of a property

• It creates new owners of a property and needs to be registered at the office of the Sub Registrar to give a legal and binding effect. The deed particularly mentions the date from which the separation is effective, the name of the party and their respective shares specifically described.
• Partition of property is also subject to the laws of inheritance applicable to a particular person. Different laws can apply, an interest in a coparcenary property can also be willed away. If a father dies living behind self acquired property his son will inherit it, but the grandson cannot claimed in the property of his grandfather as ancestral because it was inherited under the Hindu succession Act.

“Instrument of partition” means:

Any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any revenue-authority or any Civil Court and an award by an arbitrator directing a partition.

What is Partition :

means putting an end to joint ownership. It is effected by destruction of unities. In India, there are three types of joint estate 1. Joint tenancy, 2. Tenancy in common, 3. Co-parcenary. Mitakshara co-parcenars resemble in some respects joint tenancy of England’s and Dayabhaga co-sharers resemble tenants in common, never the less, on minute analysis there is not much difference between the two systems.

A partition is not a transfer or property within the meaning of section 5 of transfer of property of Act nor an exchange within the meaning of section 118 of the said act but a mixture of the surrender and conveyance of rights in the property.

Execute a partition deed in duplicates

The person who gets the largest share is entitled to the custody of the title deeds subject to a covenant for production and also to the original deed. It is often desirable to execute a partition deed in duplicates according to the number of the parties, one party keeping the original and others getting the copies.

A suit for partition must be in respect of the entire estate and the entire joint family must be represented expressly or by implication. The Income Tax Act, 1961 requires certain conditions to give effect to partition under section 171 of the Act, mere severance of status is not partition. The members of a joint family can make a division and severance of interest in respect of joint estate, but they will be presumed to hold the rest as tenancy common in the absence of clear intention to the contrary.