Fill in Memorandum of an Oral Partition

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Memorandum of an Oral Partition

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The property
The co-owners and the division
The allotment
Dues, documents and authority
The oral partition
Signing

Step 1 of 6

The property

What property regime applies?Needed

Punjab freehold/revenue-record propertyPunjab development-authority allotmentChandigarh sector/estate propertyChandigarh revenue-village property

What is the property address/location?Needed

House / flat / plot no.

Street, sector or locality

City area and PIN code

What official property identifiers apply?You may leave this

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What title/succession document establishes co-ownership?You may leave this

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What value is used for stamp/registration/court assessment?Needed

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What encumbrances or third-party rights affect the property?You may leave this

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MEMORANDUM OF AN ORAL PARTITION

Property: __________; . Regime: __________. Title source: . Assessment value: __________. Encumbrances: .

EXISTING SHARES

DIVISION / ALLOTMENTS

COMMON RIGHTS

POSSESSION

EQUALISATION

ENCUMBRANCES / DUES / DOCUMENTS

AUTHORITY / FUTURE DEALING

INDEMNITY

DISPUTES

FILING

ORAL PARTITION HISTORY

NON-OPERATIVE CHARACTER

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.

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.

Data minimisation: this document does not collect a full Aadhaar number, an Aadhaar-card copy, a password or bank credentials.

SIGNATURE

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