NRI Partition of Property in India

What is Partition of Property? 

Partition refers to the division of property held by joint co-owners into different shares, allowing each individual to enjoy exclusive rights over their portion. In India, property partition is governed by personal laws specific to different religious communities, including Hindus, Muslims, and Christians.
 

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Types of Properties That Can Be Partitioned:

Joint Family or Coparcenary Property:

Ancestral Property: This type of property is acquired in succession by a Hindu from their father, grandfather, or great-grandfather. It must be at least four generations old and remain undivided during the lifetime of the person who acquired it.

Jointly-Acquired Property: This property results from joint efforts by members of a Hindu joint family, such as through business or profession.

Separate Property “Thrown into the Common Stock”: If a coparcener voluntarily contributes their self-acquired property to the joint fund, it becomes joint family property and is divisible among family members.

Self-Acquired Property:
Self-acquired property cannot be partitioned during the owner’s lifetime. It includes property acquired independently by an individual.
 

Methods of Partition:

Partition Deed: A formal partition deed can be executed to divide ancestral property.

Agreement: Co-owners can mutually agree on the division of property.

Partition Suit: If needed, a partition suit can be filed in court. The process involves sending a legal notice, filing a petition, and following court procedures.
 

How to File a Partition Suit for Property Division (for NRIs):

1. Send a legal notice before filing the suit.

2. File a petition specifying the cause for partition under Hindu Law.

3. After hearing and examining the merits, the court will issue notices to the defendants.

4. Defendants have 30 days to file a written statement.

5. The court will then pass a final order related to property partition.

Unlocking NRI Property Rights: Partition suits ensure that NRIs become exclusive owners of their entitled share in joint property. After partition, an NRI holds a defined portion of the property independently.

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Rights of Coparceners:

Definition: A coparcener is someone who has a legal right to ancestral property by birth.

Equal Rights: Succession laws grant equal rights to sons (brothers) and daughters (sisters) in both ancestral and self-acquired property.

Partition Demand: Brothers and sisters can demand a partition of property to ensure a fair distribution among co-owners, especially when there is no will related to self-acquired property.

Reopening Partition Cases:

Mistakes or Fraud: If a partition process contains errors or fraud, it can be reopened under Hindu law.

Disqualified Coparceners: If a share has been wrongly devolved to a disqualified coparcener, reopening is possible.

Post-Partition Status: After partition, an individual or NRI is free from joint family rights, obligations, duties, and responsibilities.
 

Intestate Succession:

When a person dies without a will (intestate), the property is divided among legal heirs. For example, if a father dies intestate with two sons, the property will be equally distributed between them.
 

Why do you Need a Lawyer for Partition Matters?

Remember, seeking legal advice is crucial during property partition to navigate complexities and protect your rights. In order to be guided in the right direction and to ensure that you get your fair share, it is imperitive to consult and hire a competent Lawyer for NRI . You can also take Free Legal Advice from LawRato's Legal Help for NRI service. 

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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