Partition of Jointly Owned Real Property (Afraz)

Partition of Jointly Owned Real Property (Afraz)

Afraz refers to the legal partition of jointly owned property among co-owners in proportion to their respective shares. In an afraz proceeding, each co-owner’s undivided share is separated and allocated as an individual portion.

Afraz applies specifically to jointly owned real property and to property held in common ownership. A property that has been partitioned through afraz is often described as a partitioned property, and it may later be further divided through a separate process known as subdivision.

Legal Requirements and Procedure for Partition of Jointly Owned Property

Subdivision of Property (Tafkik)

Subdivision is the division of real property into smaller parcels with defined specifications. As noted, subdivision concerns the division of real property and may apply to property that is jointly owned or solely owned.

Key Differences Between Afraz and Subdivision

The distinction between afraz and subdivision is important:

• Scope of application: Afraz applies to jointly owned property. Subdivision may apply to both jointly owned and non-jointly owned property.
• Effect on co-ownership: Following Afraz, the property is no longer jointly owned. After subdivision, co-ownership may still continue, and the undivided ownership structure can remain in place.
• Competent authority: The final determination in Afraz may ultimately be made by the court, particularly where objections arise. Subdivision is generally handled through the Registration Office.
• Role of disagreement: Afraz commonly arises when co-owners disagree and cannot reach an arrangement. Subdivision may proceed even when the parties are not in dispute.
• Objections during subdivision: Any co-owner may object during the subdivision process, and the procedure may be suspended due to the objection unless the objecting party later withdraws it. By contrast, during afraz proceedings, other co-owners generally cannot stop the process by objecting at the operational stage and must pursue objections through the statutory objection periods and procedures.

How is the Subdivision Requested and by the Competent Authority?

The Registration Office is the competent authority for subdivision. When the owner, or the owner’s legal successor, submits a subdivision application, it is forwarded to the Registration Office. The application should reflect the official daily assessed value for the property, and the subdivision fee must generally be paid in advance by the applicant. The fee is calculated based on the official daily assessed value, even if the actual transaction price exceeds that value.

How to Request Afraz and Which Authority Has Jurisdiction

For a joint ownership of property, an important preliminary issue is whether the property’s registration process has been completed.

Afraz of Property With Completed Registration

As an initial step, the request for Afraz should be submitted to the Registration Office where the property is located. The Registration Office reviews the request and issues a decision.

That decision is generally subject to objection within 10 days of service. Any objection must be filed with the General Court.

In general, the Registration Office where the property is located has jurisdiction to address an afraz request where the property’s registration process has been completed. However, there are exceptions, including cases where one of the co-owners is legally incapacitated or absent. In such situations, the General Court where the property is located may have jurisdiction.

Upon receiving an afraz request from one or more co-owners, the head of the registration unit must refer the matter to a registration representative. The representative reviews the registration file and examines whether the registration process has been completed.

If the property does not have a conflicting title, the registration unit assigns a surveyor to prepare a partition map. After completing the necessary review, confirming compliance with legal requirements, reviewing the partition map and the minutes prepared for the file, and matching them against the registration records, the registration authority issues its decision, including acceptance or rejection of the request and the proposed method of partition.

Property That Cannot Be Partitioned

Certain property cannot be partitioned through afraz:

• Property with a conflicting title: If a jointly owned property is subject to a conflicting title deed, it is not possible until the conflict is resolved.
• Property that cannot be divided without harm: If division is not feasible, including where it would cause material harm, the property may be sold and the sale proceeds distributed among the co-owners in proportion to their shares, pursuant to Article 591 of the Iranian Civil Code.

Costs of Afraz

The fee for afraz of jointly owned property is collected from the applicant at the time the Registration Office implements the final partition decision. Under Article 150 of the Registration Law, the fee is calculated based on the official daily assessed value.

Frequently Asked Questions