A Deed of Partition is essential in Pakistani property law when co-owners wish to formally divide jointly owned property into separate, individually owned portions. This document is commonly used in family property divisions, inheritance settlements, and business asset separations. The deed must comply with various Pakistani laws, including the Transfer of Property Act 1882, Registration Act 1908, and Stamp Act 1899. It's particularly important in cases involving ancestral property, family settlements, or business asset division. A properly executed Deed of Partition includes detailed property descriptions, specific allocations to each party, rights and obligations, and must be registered with relevant authorities. The document may also need to address Islamic law requirements when dealing with inherited property. It serves as conclusive proof of division and helps prevent future disputes by clearly documenting the partition terms and conditions.
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1. Parties: Identification of all co-owners/parties involved in the partition, including their legal capacity and addresses
2. Background/Recitals: History of property ownership, reason for partition, and basis of respective shares
3. Definitions: Definitions of key terms used in the deed including Property, Partition Date, Share, etc.
4. Subject Matter of Partition: Detailed description of the entire property being partitioned
5. Declaration of Partition: Clear statement of intention to partition and agreement of all parties
6. Details of Division: Specific allocation of portions to each party with exact measurements and boundaries
7. Rights and Obligations: Rights and responsibilities of each party post-partition
8. Possession and Transfer: Terms regarding handover of respective portions and actual possession
9. Costs and Expenses: Distribution of expenses related to partition, registration, and stamp duty
10. Representations and Warranties: Parties' declarations regarding title, encumbrances, and authority to partition
11. Governing Law: Specification of Pakistani law as governing law and jurisdiction
12. Execution: Formal execution clause with witness requirements
1. Ancestral Property Provisions: Special provisions when dealing with ancestral or inherited property, including compliance with Islamic law
2. Mutation Clause: Specific provisions regarding land revenue records mutation when dealing with agricultural land
3. Easement Rights: Provisions for access rights, shared pathways, or utilities when relevant
4. Future Development Rights: Provisions regarding future development potential and rights when property has development potential
5. Business Assets Division: Special provisions when partitioning includes business assets or commercial property
6. Dispute Resolution: Alternative dispute resolution mechanisms for future disputes
7. Tax Implications: Specific provisions regarding tax liabilities and responsibilities when significant tax implications exist
8. Pending Litigation: Provisions dealing with any pending legal proceedings affecting the property
1. Schedule A - Property Description: Detailed legal description of the entire property before partition
2. Schedule B - Division Plan: Detailed plan showing the division with measurements, boundaries, and access points
3. Schedule C - Allocation Details: Specific details of which portion is allocated to each party with exact measurements
4. Schedule D - Title Documents: List of all title documents and their custody arrangement
5. Schedule E - Encumbrances: Details of any existing encumbrances, mortgages, or charges
6. Schedule F - Shared Facilities: Details of any shared facilities, maintenance responsibilities, and usage rights
7. Appendix 1 - Property Maps: Survey maps and plans showing the property and its division
8. Appendix 2 - Valuation Report: Independent valuation report if used for division purposes
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