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Article 494-501 of the Civil Code of the Philippines Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned. Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid.
In an action for partition, all other persons interested in the property shall be joined as defendants. Not only the co-heirs but also all persons claiming interests or rights in the property subject of partition are indispensable parties.
The guidelines provide that the property should be divided equally between the son and daughter (brother and sister). For instance, if a father passes away leaving behind a widow, mother, one son, two daughters, and a sister.
This is required under Section 17 of the Indian Registration Act, 1908. A partition deed is a document that records the division of a property among its co-owners. It is a legally binding document and can be used as evidence in a court of law.
Partition of the property by mutual agreement can be done by Partition Deed or Family settlement. Partition Deed divides the property between the co-owners of the property. This deed is prepared in order to divide the property so that each person gets an absolute title over his own part of the property.