Partition, Deed Of
Legal definition for Indian law research
Definition
Partition, Deed of, a primary or original convey-ance. When an estate was held in community by joint tenants, tenants in common, coparceners, or joint heirs in gavelkind, and they were desirous of dividing it into distinct portions, to be exclusively enjoyed by each, and were not under legal disability, they could accomplish their object by this deed, and by s. 3 of the (English) Real Property Act, 1845 (now repealed), the partition of any tenements except copyhold is void unless made by deed. Sometimes, instead of agreeing as to their several allotments, a reference was made to a person to divide the estate into the required portions, and one mode of affecting this division was to convey the whole estate to the proposed referee upon trust to convey the several allotments to the respective parties according to his award.
In Kent, where the land was of gavelkind tenure, they called these partitions shifting, from the Saxon, shiftan, to divide. For the present practice, see PARTITION.
In Kent, where the land was of gavelkind tenure, they called these partitions shifting, from the Saxon, shiftan, to divide. For the present practice, see PARTITION.
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.