No, demarcation is marking the property and partition is dividing the property
Demarcation or Partition
Hello, Is property demarcation same as property partition? Thanks!
Asked 4 years ago in Property Law
Religion: Hindu
29 Answers
Demarcation is marking the boundaries of the property.
Partition of property means division of property.
Yes. It's so.
Since in joint property the share of the co sharers remains undivided, once demarcation of respective share of each parties is made partition by mates and bounds is considered to have occurred.
Partition only decides a share in property, but demarcation decides as to where is your share marked.
Partition only concludes that you're a shareholder of such percentage in property. While demarcation concludes that this A or B or C..... belongs to you and these are the boundaries of this specific property.
It is not the same
demarcation would be of boundaries of plot
partition is division of property by metes and bounds
Yes
Demarcation is different from partition. Demarcation is measuring the boundaries and fix exact boundaries.
Partition is splitting the property by metes and bounds.
1. Demarcation of property in co- owner is partition of property.
No , demarcation is a layout provided by collector or tahsildar office. And partition is internal family mutual understanding who will take which part of the land or house.
property partition and property demarcation are two different things .As a co-owner you are entitled to seek partition and to demand demarcation and separate enjoyment of your share of the property. If the other co-owner continues to disagree on the matter, you may file a suit for partition in the court .
Yes to a great extent
These terms can be used interchangeably
Not exactly but property demarcation is marking of your property it's boundaries for determining your land share.
No, demarcation indicates determination , partition indicates division.
Both are different. Demarcation can be done by people informally. Partition can be done by parties as part of their arrangement or by the court.
Hi
1) Property demarcation means physically dividing the property in to metes and bounds (i.e area and boundaries of each property will be made) .
Example a land of 1 acre may be divided in to 4 parts and each part will have a definitive area and definitive boundaries.
2) Partition - It includes property demarcation and fixing the ownership for each of property by way of registered partition/settlement deed.
Example a land of 1 acre may be divided in to 4 parts , amongst 4 brother and each part will have a definitive owner, definitive area and definitive boundaries and there will be a registered partition /settlement deed for each of the property.
Earlier in good old days, people used to demarcate properties amongst families. But after introduction of Section 17 of Registration act and Section 54 of transfer of property act, any conveyance deed should be in writing and registered at Sub-Registrar office.
Hope the above example is useful.
1. Demarcation Proceedings can be done ONLY by the Revenue Dept., consequent to which separate sub-plot no. will be allotted and recorded in the Land Revenue Records of the property.
2. Partition Deed can be done by mutual consent between Family members, PROVIDED the land is divisible (due to demarcation via separate plot no.). IF for any reason Partition Deed is not amicable between Family, THEN Partition Suit has to be filed in local Civil Court, for Partition Orders.
- No , both are not same legally , as Demarcation is the operation that legally establishes boundaries between properties , whereas , A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him.
- Further , a property can be partitioned without demarcating.
- However , once demarcation of the property taken place , then the actual partition of the property has been done legally.
Dear Client,
No Property demarcation and Partition are not same. Through partition one gets its share in the property and ownership rights.
It is oral partition.
The term Demarcation means:
"The act of fixing the boundary or limits of something.
Partition means:
"a structure dividing into two / more parts, or divide the property into various parts" by identifying boundaries.
Property demarcation comes into play after partition i.e., it is the confirmation of bit / chunk / block which will be identified with boundaries i.e., east, west, north and south.
No demarcation is done just to get the dimensions and area of property and that can also be done for joint family property without partition.
Demarcation is the operation that legally establishes boundaries between properties. This can be done out of court or it can be imposed by the courts in case of owner disputes.
Dear Sir/Madam,
You are suggested that these 02 are distinct and separate things.
1. No.
2. You can mutually demarcate portions of the jointly held property which will not confirm partition of it.
3. Whereas partitioning the property by registering the deed automatically requires its division and demarcation.
Is demarcation documentation of a HUF property a sure way for co-owners to protect their portions of their property from any future claim (from each other or a third party) on each other’s shares? Can this document be prepared mutually by co-owners and registered in court for validity?
Asked 4 years ago
It needs permission from the competent authority
Demarcation of boundaries of plot would enable co owners to protect their portions of property
it should e signed by all the co owners and would e binding upon them
Demarcation of each individual share in the property can be done only after a partition is drawn among the shareholders by a deed.
1. HUF property is a jointly held property and owned by the HUF and not by the individual members.
2. For partitioning the HUF property, the HUF shall have to be dissolved first.
3. Thereafter settlement deed can be executed and registered dividing and demarcating the shares of the property by metes and bounds.
yes it should be signed by all members and duly stamped and registered.