e-StampSub-Registrar
Section 17(1) of the Registration Act, 1908 makes registration compulsory for any non-testamentary instrument that creates, declares, assigns, limits or extinguishes a right, title or interest of ₹100 or more in immovable property. In 1908 that was a threshold; today it captures essentially every property transaction. Where a compulsorily registrable document is left unregistered, section 49 bars it from affecting the property or being received as evidence of the transaction.
What partition achieves, and what it needs
Before partition, each co-owner holds an undivided share in the whole. After it, each holds a specific portion absolutely. That is a substantial change in the nature of the ownership, which is why the instrument is compulsorily registrable and why the description of each portion has to be exact.
- Every co-owner must be a party. A partition among some of them binds only them and leaves the absent share outstanding.
- Each portion described precisely — boundaries, area, and where a building is divided, which floors and which parts of the common areas.
- Equalisation payments where portions are not of equal value — recorded, with the amount and the timing.
- Common areas and easements — access, staircase, terrace, water connection, parking. Partitions of family houses fail on this more than on anything else.
- Mutual releases of claims to the portions taken by others.
- Existing charges — how a mortgage over the whole is dealt with.
Recognition of a partial partition of a Hindu Undivided Family has long been restricted for income-tax purposes — under section 171(9) of the Income-tax Act, 1961, partial partitions after 31 December 1978 were not recognised, the family continuing to be assessed as undivided. The Income-tax Act, 2025 has since replaced the 1961 Act, so the current provision should be checked before any HUF partition is drafted. Take advice before, not after.
Where agreement cannot be reached
A partition deed requires everyone to sign. Where one co-owner refuses, the route is a partition suit, and that is court work rather than counter work. Property disputes →
We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →
Drafted here, in Gujarati or English
Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.
What to bring
- Title documents and the full chain of title
- 7/12 and 8-A extract, or the property card for urban property
- Mutation entries in the revenue record
- Photo ID and PAN for every party
- Details of every co-owner or heir with an interest