Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
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Division and partition of co-owned property

Division and partition of co-owned property

Where property is co-owned, each co-owner may, in principle, seek resolution of their undivided interest. Partition separates each co-owner’s share from the common property; if partition is not possible, sale may be considered.

The authority competent to partition property is not always the same. Once registration is complete, jurisdiction generally lies with the land-registration unit where the property is located. Special cases, including a co-owner who lacks legal capacity or an absent person whose whereabouts are unknown, fall within court jurisdiction.

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What are the division and partition of co-owned property?

The Iranian Act on Partition and Sale of Co-owned Property, enacted in 1357, places applications to partition co-owned properties whose registration process has been completed within the jurisdiction of the local registration unit. A registration decision can be appealed to a court. If the property is definitively found incapable of partition, its sale may be requested in accordance with the law.

Statutory basis: Before taking action, the registration status, completion of the registration process, number of co-owners, existence of a judicial attachment or mortgage, and technical feasibility of division must be examined.

Partition, subdivision, and division

Partition (afraz) ends co-ownership by separating the co-owners’ shares. Subdivision (tafkik) divides land into parcels and does not necessarily end co-ownership. Division (taqsim) is broader and may be achieved by agreement, partition, sale or other methods.

Division and partition of co-owned property

Usual stages of review and follow-up

Reviewing the registration status

The cadastral parcel identifier, the co-owners’ ownership interests, and completion of the registration process are examined.

Determining the competent authority

The registration office or court is selected according to the circumstances.

Expert assessment of whether partition is feasible

The technical and legal feasibility of dividing the property is assessed.

Partition or sale

If possible, the shares are separated, otherwise the sale route is taken.

Property not capable of partition

If partition would seriously reduce value, breach planning rules or create unsuitable parcels, the property may be declared incapable of partition. Once that decision is final, any co-owner may request a sale from the competent authority, with proceeds divided in proportion to the co-owners’ interests.

Related topics

Iranian property disputes

Return to the comprehensive property-law services page

action to compel execution of an official title deed

Official transfer of property and removal of registration obstacles

action to recover possession based on established ownership (khalʿ-e yad)

Ending unauthorized possession on the basis of established ownership

  • Iranian Act on Partition and Sale of Co-owned Property («قانون افراز و فروش املاک مشاع»)

  • Iranian Registration of Deeds and Properties Act («قانون ثبت اسناد و املاک»)

  • Iranian Civil Code («قانون مدنی»)

This list identifies the principal legal provisions relevant to the page. The applicable law and amendments must be checked against the dates, subject matter and circumstances of each case.

The official texts and latest amendments are available in the National Database of Iranian Laws and Regulations.

Frequently asked questions

The claimant must prove ownership in an admissible manner. For registered property, the official title deed plays a central role.
An ownership-based recovery claim (khalʿ-e yad) is brought against a person possessing property without authority. Tenant eviction usually concerns possession initially authorised by a contract, such as a lease, which later continues without authority.
In an ownership-based action to recover property, proof of ownership is central. In a civil unlawful-dispossession claim, the claimant’s prior possession, the defendant’s later possession, and the unlawful nature of that later possession are material.
A co-owner’s possession of jointly owned property is subject to special rules. The possibility of bringing an action and the manner of enforcing the judgment must be examined in light of the undivided share, the other co-owners’ consent, and the nature of the possession.
Where the requirements are met, compensation for the period of occupation may be claimed with the possession claim or separately. Assessment of that compensation usually requires an expert opinion.
Because the dispute concerns immovable property, jurisdiction generally lies with the court where the property is located. The precise position depends on the circumstances and relief sought.
If the co-owners do not agree, partition may be considered by the land-registration authority or the court, depending on the property’s registration and legal status. If the property cannot be partitioned, an order for sale may be considered.
Once the property is found incapable of partition, its sale and distribution of the proceeds among co-owners may be pursued if the statutory requirements are met.

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