Right to property is a fundamental right for every Indian. Overseas Indians though, face a key issue when claiming their right to property because most of these properties devolve upon them through succession rights and inheritances in India. These properties generally have multiple shareholders irrespective of whether the property is agricultural, residential or commercial. Most of these owners have different objectives that they wish to derive out of their ownership share. From this widely pervasive occurrence arises the well set judicial process of Partition of a property. Since Right to property is a fundamental right each of the co-owners have unalienable rights with respect to the property in question and many a times the critical differentiating factor is who is in possession of the property. In most cases NRIs are not in physical possession thereby inhibiting their inability to exercise control over the property.
In case of such joint properties while all the owners have equal ownership rights in the relevant Government records, individual shares of all co-owners are not clearly delineated with separate boundaries. Joint properties are the foremost reason for family discord, feuds and disagreements amongst family members. To avoid such disputes and for effective management and control of one’s own share in a joint property, it is highly recommended to divide individual shares with clear demarcation in government records and physically. Partition of property, while a well set and established legal process has many a complexity in law and procedures. Partition of property is full blown legal procedure that needs to be navigated through revenue courts or civil courts (depending upon type of property). NRIs find themselves become a victim of these tedious legalities which is further compounded by their inability to travel to India multiple times frequently.
The benefits of partitioning a property as per laws of the land are
- Partition is a process by which property gets divided into separate portions.
- Each co-owner gets a share as per his/her legal entitlement.
- Post the division, every portion gets a new title and each ‘owner’ gives up his share in the other portions.
- After completion of partition process, there would be complete control of each co-owner on his share in the property.
- It restrains interference by anybody else in one’s own share.
- Partitioned land fetches much better price than un-partitioned land during sale of the property
- Partition is the best remedy to get the possession back where the person in control of property is not willing to handover the possession to the actual owner.
- Each co-owner’s share is inheritable and transferable. Share of each co-owner is clearly and explicitly identified. This helps in avoiding problems in transfer, alienation, inheritance and taxation.
Partition of property can be achieved through contested or uncontested means
Contested: where all co-owners of a particular property are not in consensus for partition
Uncontested: In such partition, all co-owners of a property mutually agree to partition
At NRI Legal Services, we offer one of the best platforms for comprehensive advice and representation in matters pertaining to partition, irrespective of the type of property involved. The procedure of partition involves both in court and out of court work. Our team of specialists in revenue law has vast experience in handling technical and complex procedures of partition. At each stage they work in tandem with our legal team who are subject matter experts with regards to the various legalities and procedures involved. We achieve all of this without asking our clients to travel to India multiple times.