Partition Deed of a Hindu Undivided Family

What this document is for

Stamp paper and registration

What you will need before you start

• The Hindu Undivided Family's name and the identity of the Karta
• A full list of every coparcener, including every daughter by birth regardless of her marital status or where she lives
• How the family property is presently held — Punjab freehold or revenue-record property, a Punjab development-authority allotment, or a Chandigarh sector, estate or revenue-village property
• The property's identifying particulars and its present assessed value
• What is being allotted to each coparcener, described by measurements and boundaries
• Whether any equalisation payment is needed between coparceners receiving portions of unequal value

Common mistakes

• Assuming registering this deed also settles the family's income-tax position — that needs its own separate recognition under section 171 of the Income-tax Act.
• Leaving a daughter off the coparcener list because she is married or lives elsewhere — she remains a coparcener by birth regardless.
• Dividing a Chandigarh sector property into physical floors or portions without first checking the Estate Office's fragmentation rules.

Questions people ask before using this document

Related documents, and when you would need them

• Relinquishment Deed (Haq Tyag)

  An alternative where one coparcener is simply releasing their share to the others, rather than every coparcener taking a separately allotted portion.

• Memorandum of Family Settlement

  An alternative where the document is only meant to record a division the family already completed informally, not create a new one.

• Gift Deed / Transfer Deed between Blood Relations (Daan Patar)

  An alternative if the real intention is one family member giving property to another, rather than dividing joint coparcenary holdings.

• Application for a Legal Heir Certificate (Warisan Certificate)

  Often needed first, to establish exactly who the surviving coparceners and their shares are before this deed allots anything.

Questions about this document

Often needed with this document

• Partition Deed by Metes and BoundsCo-owners agree on an actual physical division and want the deed itself to create separate title — unlike a memorandum of an old oral partition, this operates PRESENTLY, so it must state exact metes, bounds, areas, shares, easements, possession and encumbrance responsibility (registration compulsory, section 17(1)(b), Registration Act 1908; Article 45). Chandigarh sector property needs the division reflected in the Estate Office file; a Punjab development-authority allotment needs section 43(7) permission; revenue-assessed agricultural land may need the statutory revenue-partition route instead.₹799Open
• Memorandum of Family SettlementA Memorandum of Family Settlement records an ALREADY-reached, ALREADY-acted-upon arrangement ending or avoiding a property dispute — antecedent title, so courts uphold it far more readily than a gift (Kale v. DDC, (1976) 3 SCC 119). Use where a genuine dispute existed, every affected member signs, and the arrangement (dated, given effect — possession taken, mutation reported, accounts settled) is already complete. Chandigarh: published 2% rate; Estate Office checklist accepts a certified REGISTERED deed copy or a notarised UNREGISTERED one, with Annexure-1/2/3. Punjab: no single counter — feeds a Circle Revenue Officer mutation (ss.34-36, PLRA) for jamabandi land, an authority estate branch (s.43(6)-(7), 1995 Act) for an allotment, or a property-tax/PSPCL change; agricultural land among brothers can use the Takseem scheme (consented) or Chapter IX (contested). Do NOT use it if division hasn't happened yet and you want THIS document to make it happen (needs a Partition Deed instead); for a Chandigarh unit meant to split floor-by-floor (barred, RWA v. UT Chandigarh, 2023; Rule 16, CER 2007) or a Punjab fragment in a notified area (ss.8-9, 1948 Act); or if any affected person is a minor, won't sign, or there was no real dispute (a gift in truth). Two Chandigarh warnings: a leasehold/concessional site needs the Estate Officer's NOC plus a third of the unearned increase (Rule 7(ii)) first — Rule 7(iii)'s rescue is narrow (mother/father/spouse/son/daughter only); and the 10 February 2023 freeze on non-permitted transfers may still be running — ask.₹799Open
• Application for Partition (Taqseem) of a Joint Holding, with Oral (Family) Partition MemorandumFile with a Punjab Revenue Officer to turn jointly-held jamabandi land into separate khewats — a revenue matter, not a civil suit (Chapter IX, Punjab Land Revenue Act 1887: s.111 application, s.112 notice, s.117 title questions, s.118 mode of division, s.121 instrument of partition, s.158 bars the civil court on 23 matters including partition). Two routes. CONTESTED (co-sharers disagree, or one won't sign): needs an Assistant Collector First Grade or above (s.126, para 254 Punjab Land Administration Manual) — not the Naib Tehsildar who sanctions ordinary mutations. CONSENT (everyone agrees): runs under the Punjab Takseem scheme (from 13 April 2026) before the Circle Revenue Officer, a 30-day service, with the Patwari/Tehsildar taking signatures in the village. Answer the consent question accurately — it switches which recital/route print (clause 4.3) and whether the consent block prints. Part II (a Memorandum of an already-completed partition) prints only where BOTH the consent AND oral-partition-history fields are filled. Filling only the oral-partition fields pleads the old partition as fact in a contested case (clauses 2.3–2.4) without executing a memorandum; leaving both blank suits a fresh partition. Do NOT use this: for a registered Partition Deed before the Sub-Registrar (a different instrument); where the fight is over TITLE, not division (s.117; a civil suit lies only after the Revenue Officer declines under s.117(1), per Punjab & Haryana High Court Rules, Vol.1, Ch.2-B, para 3 — a jamabandi entry is only presumed true, s.44/45); to correct a wrong entry (a Fard Badar instead, paras 7.29–7.30, Punjab Land Records Manual); for shamilat deh vested in the Gram Panchayat (s.4, Punjab Village Common Lands (Regulation) Act 1961 — claims to the Collector under s.11, appeal to the Commissioner in 60 days, civil court barred by s.13); where the allotment would create a fragment below the notified standard area (VOID under ss.7–9, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948) or while consolidation is running (use the s.21 repartition route); or in Chandigarh, whose revenue villages sit with the UT's own Revenue Department and whose sector property has no jamabandi at all. Warning: Part II RECORDS a partition that already happened — it doesn't make one. Sign it to divide land today and call it old, and it is in law a chargeable, compulsorily-registrable instrument of partition regardless of the label.₹99Open
• Application for a Final Decree in PartitionA preliminary partition decree exists but the property isn't yet divided or possessed separately — this finishes that stage. O.20 r.18 CPC: revenue estates go to Collector partition (s.54); other property gets a commissioner and a final decree. Include the decree, commissioner report, possession/equalisation terms, or the remaining sale/buy-out steps if a Partition Act sale was ordered instead.₹99Open
• Guardian's Consent to a Partition for a MinorA minor's share is being partitioned; the arrangement must protect the child's interest, not just a guardian's signature. In a pending suit, O.32 r.7 CPC bars compromising without recorded court leave. Outside litigation, a minor's immovable property can separately need court permission; s.12, HMGA 1956 treats joint-family interest differently. A guardian's signature alone never validates surrender.₹99Open
• Memorandum of an Oral PartitionRecords a family's already-completed oral partition (separate possession taken) — without becoming the instrument that creates it. A writing that FIRST divides is an Article 45 partition instrument, registrable (s.17(1)(b)); one merely recording it is not. State the earlier date, allotments, conduct; deny present operative effect. Chandigarh/Punjab authority property remain subject to their own permissions.₹799Open