dissolution of HUF can be done by entering into deed of partition for division of properties by metes and bounds

2) it should be duly stamped and registered

3) In the case of total or complete partition, the Hindu Undivided Family ceases to exist as such and therefore, where there is a proper claim for partition and where the same is accepted by the AO, the Hindu Undivided Family ceases to be assessed as an HUF after the date of total partition.

4) you can get separate khata for the shops on basis of partition deed 

Dear Sir,

Under Hindu Law once the status of Hindu Family is put to an end, there is notional division of properties among the members and the joint ownership of property comes to an end. However, for an effective partition, it is not necessary to divide the properties in metes and bounds.

Partition under Hindu Law, can be total or partial. In total partition all the members cease to be members of the HUF and all the properties cease to be properties belonging to the said HUF.

Partition could be partial also. It may be partial vis-a-vis members, where some of the members go out on partition and other members continue to be the members of the family. It may be partial vis-a-vis properties where, some of the properties, are divided among the members other properties continue to be HUF properties. Partial partition may be partial vis-a-vis properties and members both.

1. It's possible to divide the property and share equally amongst the coparceners by executing a registered partition deed.

2. It's possible to own shops individually as owners to the extent of their share, including the undivided share in the land.

3. Subsequent to the execution of partition deed, each one of the coparceners can get individual Khata for his/her share in the property from the municipal corporation/BBMP, etc. and their names shall be mutated in the revenue records.

4.  It's possible to divide certain properties amongst the coparceners and continue HUF ownership for some other properties.

Partition of HUF property under Hindu law can be total or partial

Yes you can divide the property under a family arrangement and get it registered. The court will honour that. Or you can file a partition suit and let the court divide it.

Yes a few properties can be divided as per your convenience.

1. Property of name of HUF, can be given away to the beneficiaries, via a "registered" Partition Deed, via a proper & specific HUF resolution and declaration of same in its Income Tax Returns.

2. For Separate Khata, apply to local Municipal /Revenue authorities, annexing photocopy of "registered" Partition Deed and undertake to pay the relevant Fees /Penalty for separate Khata for each shop.

3. Land being one piece and classified as "undivided" CANNOT be partitioned, HENCE either let HUF retain it & collect some token amount every year from the Shop Holders, OR transfer the Land , JOINTLY in name of all Shop Holders (not advisable, since Shop might be sold to outsiders and then outsiders name would be recorded in the Khata of Land).

See a registered partition deed can be made dividing the shops, the stamp duty and registration shall be applicable on the deed.

Further see in khata entry of all coparcener shall be recorded after partition  presently there must be entry of the HUF.

It can be partial partition and few properties remaining can continue under HUF. 

Yes it can be divided through partition deed and then khata separately can be obtained

Ans:

Dividing few properties in the name of the co-parcerners and the others being left with ths HUF is all part and parcel if the co-parcerners agree to it. 

The rule is equal share to all. 

If all agree some of the properties need not be divided .

Regards 

G.Rajaganapathy 

High Court of Madras 

We suggest that you should dissolve the HUF and execute an deed whereu you should divide each person share. The deed which you execute you are required to get the same registered .

This can be done through partial partition - It may be partial vis-a-vis properties where, some of the properties, are divided among the members other properties continue to be HUF properties. 

After partition, deed will execute to confirm portion of each members ( who get which shop ) and on the basis of partition deed, separate number can be obtain. 

It may be partial vis-a-vis properties where,some of the properties, are divided among the members other properties continue to be HUF properties.

In the mutually agreed partition deed you can mention the entire settlement arrangements by showing the divided properties as different schedule of properties allotted to the coparcaners accordingly.

It is a mutual partition which can be registered to prove title of each owner.

It will be termed as partial dissolution of HUF which may not be maintainable in law.

Hence better dissolve it fully and reorganize a new one.

1. For division of a single property of HUF karta of HUF can make a partition deed for that property and get it signed by every coparcenar of HUF to give it effect.

2. The partition deed should also registered by paying required stamp duty.