MUTUAL PARTITION AGREEMENT BETWEEN CO-OWNERS
Instrument/application date: __________
Party 1: __________, __________. Party 2: __________, __________.
Property: __________; . Regime: __________. Title source: . Assessment value: __________. Encumbrances: .
EXISTING SHARES
Relationship: . Existing shares: .
DIVISION / ALLOTMENTS
Scope: __________. Party 1 allotment: / . Party 2 allotment: / .
COMMON RIGHTS
__________. Details: .
POSSESSION
__________.
EQUALISATION
ENCUMBRANCES / DUES / DOCUMENTS
. . .
AUTHORITY / FUTURE DEALING
__________. Future dealing: .
INDEMNITY
DISPUTES
FILING
Filing/registration office: __________.
AGREEMENT EFFECT
__________.
CONDITIONS PRECEDENT
. Target final deed date: __________.
LEGAL BASIS
Punjab: This template is drafted as an agreement to execute a later operative partition. For stamp duty, section 2(15) of the Indian Stamp Act, 1899 makes an agreement by co-owners to divide property in severalty an instrument of partition, so Article 45 applies; if the signed document itself creates separate title, section 17(1)(b) also requires registration. Punjab authority property remains subject to section 43(7). The stamping note sets out how the Article 45 duty is assessed.
Chandigarh: The same substance test under section 17 applies. A later operative partition must be registered, and sector property must be reflected in the Estate Office file. The stamping note sets out the Article 45 duty; the Estate Office fee was not confirmed. Rule 16 of the Chandigarh Estate Rules, 2007 and Rule 14 of the Chandigarh (Sale of Sites and Buildings) Rules, 1960 both forbid fragmentation of a site or building, and the Supreme Court held on 10 January 2023, in Residents Welfare Association v. Union Territory of Chandigarh, that a residential unit in Phase-I may not be fragmented, divided, bifurcated or apartmentalised. Check the Estate Office position before dividing a sector site or building by metes and bounds.
PERSONAL DATA NOTICE
This notice is given under the Digital Personal Data Protection Act, 2023.
The purpose of collecting personal data in this mutual partition agreement is to identify the co-owners, record the agreed future division and administer conditions and final documentation.
The record will be held by __________ and may be shared with the parties, court/Sub-Registrar/revenue or Estate authority, surveyor, lender and advocates as needed for the stated partition process.
If the matter does not proceed, the personal data will be retained for 90 days and then erased. If the matter proceeds, the record will be retained for the matter plus 12 months, except where a statute requires a longer named retention period.
A person named in this document may request correction or erasure where the purpose has ended, withdraw consent for future consent-based processing, or raise a grievance by writing to __________. The record-holder should acknowledge and reply within 30 days.
Data minimisation: this document does not collect a full Aadhaar number, an Aadhaar-card copy, a password or bank credentials.
Personal-data instruction: __________.
SIGNATURE
Party 1: __________
Party 2: __________