Partition of Property of NRI

Property disputes have always been a common legal issue, mostly because of the joint family system. But in recent times, the cases have increased manifold due to change in the societal system; joint families giving way to the nuclear families, and a burgeoning number of people from different background coming together for business and investment purposes. A spurt in Entrepreneurship has opened a world of opportunities for business enthusiasts, where two or more unrelated people come together to run a business venture, each coming with a certain share of capital. Sadly, it has also opened the floodgates of property disputes over the shares and ownership rights. The best way to settle such disputes is the partition of property. And since the partition is always a handful task to do, not only because of the emotional value in certain cases but also due to its legal nature, it is advisable to take onboard a specialized counsel to take you through the entire process.

We, at NRI Legal Services, specializes in handling cases of property disputes for NRI clients. We represent their interests in partition cases, without the need of them coming down here for the proceedings. We make sure that their interests are not compromised and they get their desired share in the disputed property. Our expert counsels have successfully resolved a number of partition cases for our NRI clients. Property rights of NRI can be compromised at more stages than one owing to their absence. The partner or co-owner having the possession of the property is more likely than not to try and get the complete possession, often through illegal means. We aid our clients with legal advice to get over such situations and protect their interests and rights. We have the knowledge and experience that enables us to provide our patrons with the undeniably best of the services. Partition of property can be of two kinds – voluntary partition and judicial partition.

Voluntary Partition – When all the parties decide the partition procedure with mutual consent, it is termed as the voluntary partition. The co-owners may choose to give effect to partition through whatever means they choose, be it the oral agreement, written agreements and mutual deeds. The different co-owners can be paid their share either in kind or cash, as per the agreement.

Judicial Partition – When there is a dissent among co-owners regarding the procedure of partition or there is a dispute over the shares, any of the co-owner can go to the court for the settlement. Now, the court will take a decision regarding the partition of the property.

Once the partition has been finalized, the new owners will need to register the property with the respective authorities as the title of the property has changed. After the completion of the registration procedure and other documentation formalities, the owner is free to take a decision about the property at his own will. Although, in the voluntary partition, it is not mandatory to have a written agreement of the deed, but as legal experts, we advice to have the details in written and signed by all the co-owners to evade any conflict in future.