The Act of Partition is a legal document used to divide real property between co-owners. This form is specifically designed for scenarios where two individuals wish to separate their interests in a property and ensures they each receive a share that is of equal value. It differs from other property transfer forms by focusing on the division of ownership rather than a sale or gift of property.
This form should be used when two co-owners of real property wish to end their joint ownership and create individual titles to their respective portions of the property. Situations may include divorce, inheritance, or simply a desire to manage property independently. It is particularly useful when both parties agree on the division and value of their interests.
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A suit for partition is filed in a Civil Court having jurisdiction over the area where the property is located. If there are several properties, the lawsuit can be filed in any one of the courts. The partition suit results in a decree which ends the joint nature of the property.
As a rule a Partition action will take about one year to get to trial from the time of filing the complaint. Most Partition actions settle along the way. Sometimes within a month sometimes on the eve of trial.
A partition deed is executed by co-owners The partition deed is required to be registered at the office of the sub-registrar of the place where the property is situated as in case of any other registration. The stamp duty payable in such a case is Rs 1,000 for each share of the property.
Can A Partition Be Stopped? Typically, a partition action cannot be stopped once a lawsuit is filed because anyone who wants to dissolve ownership that is jointly owned with another person has a legal right to sell his/her interest if desired.
How much does a partition action cost? In California, the cost of partition action and attorneys fees can vary greatly, depending on the complexity of the property and issues involved and the resistance of your opposing party. Attorney's fees can range from $20,000 to $100,000+ per party.