Kagaznama

Memorandum of an Oral Partition

At a glance

Price: Free
Stamp duty: Precise duty on a truly evidentiary memorandum is unconfirmed either jurisdiction; an operative one draws Article 45 duty.
Registration: Evidentiary: not compulsorily registrable; operative: registrable (s.17(1)(b)) — Kale v. Deputy Director of Consolidation, (1976) 3 SCC 119.
Witnesses: No statutory witness rule for a non-operative memorandum.

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Also called

oral partition memorandum
family partition memorandum

When you need it

Records 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.

Whether you can fill this in here

You can fill this in here

You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

Fill this one in

See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

Precise duty on a truly evidentiary memorandum is unconfirmed either jurisdiction; an operative one draws Article 45 duty. S.2(15) defines 'instrument of partition' to include dividing OR agreeing to divide — a memorandum only recording an already-acted-on partition is the evidentiary case drafted here.

Registration

Evidentiary: not compulsorily registrable; operative: registrable (s.17(1)(b)) — Kale v. Deputy Director of Consolidation, (1976) 3 SCC 119.

Notarisation

Does not substitute for registration if operative.

Witnesses

No statutory witness rule for a non-operative memorandum.

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Sample preview — placeholder answers, not your data

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MEMORANDUM OF AN ORAL PARTITION

Instrument/application date: 3 April 2026

Party 1: X, X. Party 2: X, X. Other parties: X

Property: X; X. Regime: Punjab freehold/revenue-record property. Title source: X. Assessment value: ₹25,000 (Rupees Twenty Five Thousand only). Encumbrances: X.

EXISTING SHARES

Relationship: X. Existing shares: X.

DIVISION / ALLOTMENTS

Scope: Complete partition of the identified property. Party 1 allotment: X / X. Party 2 allotment: X / X. Other allotments: X

COMMON RIGHTS

Common access/easements retained as stated. Details: X.

POSSESSION

Separate possession delivered.

EQUALISATION

ENCUMBRANCES / DUES / DOCUMENTS

X. X. X.

AUTHORITY / FUTURE DEALING

Freehold property with no allotting-authority division permission. Future dealing: X.

INDEMNITY

DISPUTES

FILING

Filing/registration office: X.

ORAL PARTITION HISTORY

The oral partition occurred on 2 April 2026: X.

NON-OPERATIVE CHARACTER

It records a partition already completed orally and does not itself create or alter shares.

POST-PARTITION CONDUCT

LEGAL BASIS

Punjab: Section 17(1)(b) of the Registration Act, 1908 requires registration if the writing itself creates or declares immovable rights. This template is drafted only as evidence of an earlier completed oral partition. If its substance is operative, Article 45 and section 17 apply instead. The precise Punjab stamp duty for a purely evidentiary memorandum was not confirmed.

Chandigarh: The same section 17 substance test applies. A sector/estate property must also be reconciled with the Estate Office file under the 1952 Act and Chandigarh Estate Rules, 2007. The precise stamp/record fee for a purely evidentiary memorandum 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 oral-partition memorandum is to identify the persons who participated in the earlier partition and preserve evidence of the shares, allotments and possession already acted upon.

The record will be held by Kagaznama 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.

Questions about this document

Does the Memorandum of an Oral Partition need stamp paper or stamp duty in Punjab and Chandigarh?

Precise duty on a truly evidentiary memorandum is unconfirmed either jurisdiction; an operative one draws Article 45 duty.

See the full position on stamp duty, registration and witnesses

Does the Memorandum of an Oral Partition need registration in Punjab and Chandigarh?

Evidentiary: not compulsorily registrable; operative: registrable (s.17(1)(b)) — Kale v. Deputy Director of Consolidation, (1976) 3 SCC 119.

See the full position on stamp duty, registration and witnesses

What does the Memorandum of an Oral Partition cost on Kagaznama?

Free.

Documents are free. Kits are free during our launch.

Does the Memorandum of an Oral Partition need witnesses?

No statutory witness rule for a non-operative memorandum.

See the full position on stamp duty, registration and witnesses

Often needed with this document

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