What is a Partition Transfer in Zimbabwe?

A Partition Transfer is used to transfer ownership resulting from the division of jointly owned property among co-owners. Section 29 of the Deeds Registries Act [Chapter 20:05] provides that:

“If two or more persons who own in undivided shares the whole of any piece or pieces of land have agreed to partition that land, the registrar shall, on production to him of a power of attorney by such persons authorizing the passing of deeds of partition transfer of such land in accordance with the agreement of partition, which agreement shall be embodied in the power of attorney or annexed thereto, and on compliance with the further provisions of this section, attest deeds of partition transfer which shall be as nearly as practicable in the prescribed form, conveying to the respective owners the land or shares therein awarded to them under the said agreement.”

What is required is outlined in section 29(2) of the Deeds Registries Act [Chapter 20:05] is as follows:

(2) In the power of attorney or agreement of partition referred to in subsection (1) there shall be described—

(a) the land to be partitioned; and

(b) the share or shares registered in the name of each joint owner; and

(c) the land or share therein awarded to each of the owners and

(d) the conditions, if any, affecting any land or share therein so awarded; and

(e) the consideration, if any, given for the purpose of equalizing the partition.