NRI Inheritance Law
The majority of Indian-origin people living abroad need to divide their jointly inherited estates in India. There may eventually be multiple co-owners of the inherited assets because of succession rights. The goals and methods of control of the properties may vary amongst various owners. If an NRI finds himself in conflict with the person who is now in possession of the joint property, things get tricky. The owner would probably like to have the power to oversee, manage, or even sell the relevant share of the property, which could be against the interests of the shareholder who is located abroad.
In the event of joint property, all owners have an equal claim to the real estate in question, yet their separate shares are not physically segregated by boundaries. The primary causes of family disputes and strife are arguments over the joint property. It is strongly advised to divide the individual shares in order to prevent such arguments and for good management and control of one’s own portion in joint property. This could be an ancestral property, a home, or a business, shared with siblings or a family member. Joint ownership of property would always leave a person susceptible, but non-resident Indians are particularly vulnerable because they cannot defend and protect their own rights because they are not physically present in India.
They frequently become caught up in lengthy litigation because of the complexity of the legislation and procedures relating to property division, and their inability to frequently travel to India to oversee and manage their cases only compounds their problems.
Understanding Partition of Property
– Property is separated into separate sections by a partition suit.
– Even if the other co-owners are not in agreement, any co-owner may launch a partition suit.
– According to their respective legal rights, each co-owner receives a portion.
– Following the division, each portion receives a new title, and each “owner” forfeits his interest in the remaining portions
– Each co-owner would have total control over his portion of the property after the partition suit process is completed.
– It prevents others from interfering with one’s own share.
– When selling a home, partitioned land brings in a significantly higher price than unpartitioned land.
– If the person in charge of the property is unwilling to turn over the possession to the actual owner, a partition is the greatest option for recovering possession.
– The interest of each Co-Owner is transferable and inheritable. The share of each co-owner is clearly and completely indicated. As a result, transfer, alienation, inheritance, and tax issues are reduced.
We at NRI Paperwork Solutions provide one of the greatest platforms for thorough counsel and advocacy in partition-related situations. We offer reliable services to all of our clients for either contested or uncontested partitions. When there is disagreement among the co-owners of a specific property, the matter is considered to be contested. In uncontested partition, all co-owners of a property concur to the division.
We provide the best services exclusively to non-resident Indians in such matters through careful examination of the data and documents supplied by the client to determine each co-share, the owner’s acquisition of recent and historical records to substantiate the shares, and effective legal representation in the case in the most effective manner. We are experts in dividing any sort of property, be it agricultural land, residential or commercial property.
Cases involving the division of agricultural land are filed at the Tehsildar’s office of the relevant jurisdiction. In the absence of a family settlement, the division is carried out according to the good-to-good and bad-to-bad-land concept, where each co-owner is given a share of equal value. Regardless of the method of partition, site visits, land measurements, preparation of maps, etc. are crucial for the strategic implementation of a plan to resolve the issue in a responsible way.
Cases involving developed properties are brought before the appropriate civil court. In general, the procedure involves the court designating a local commissioner to examine the property. If the property cannot be separated into separate sellable units for each co-owner based on his report after inspecting it, the court may order the sale of the property and distribution of the revenues.
Partitioning requires both in-court and out-of-court activity. Our network of top legal minds, who are familiar with the legalities and procedures involved in handling such matters most prudently anywhere in India without the need for the client to frequently travel to India, collaborates with our team of specialists in revenue law who have extensive experience handling technical and complex procedures at each stage.