There are times that an NRI is the co-owner with somebody, in a property. By itself this might not be a problem; but sometimes, this leads to property disputes taking place. Usually the scenario would be that the other person would be seeking major control or manage or even try and sell the property as to create problems for the NRI. This clearly goes against the interest of the overseas citizen. It prevents him from taking any action related to his own property.

NRI Legal Services is a professional legal management company which offers advice on all matters related to property disputes. We advise all clients that in such circumstances, filing of a Suit after seeking appropriate advice is the best remedy available under law for an NRI. In all such cases, clarity on individual ownership of any land held jointly is a must. It aids in proper management and control of the NRI’s property.

  • Partition is a process whereby a property that is jointly owned by several persons gets divided into separate portions such that every person then gets a share as per his legal entitlement.
  • Once the division is done, every part would get a new title, and every ‘owner’ then would be giving up his stake in the other portions.
  • That means that there would be complete autonomy to operate in the partitioned holding. Meaning thereby that nobody else can interfere in the holding where you would have stake.
  • The property in question here could be the ancestral land, a house or a commercial establishment that has been inherited along with siblings or other co-owners.
  • Joint ownership does not mean that people lose out on their property because of any confusion and complication.
  • Do remember that a co owner’s stake would be both inheritable and transferable.
  • A prerequisite is that each holder’s investment, undivided share in the interest and title of the property needs to be defined clearly.
  • This would avoid problems in transfer, inheritance and taxation.
  • Partition is two kinds -contested or uncontested.
  1. In a contested scenario, when the involved parties do not agree, a legal suit has to be filed in the courts.
  2. In an uncontested situation, the co-owners mutually agree to the solution. The shares of the people involved would depend on the particular share for each one as mentioned in their purchase or inheritance document.

Sometimes, in the case of some urban commercial or residential properties where individual saleable units cannot be carved out or partitioned, the court orders a sale of the same. After the sale, the proceeds are divided according to the share of each person. Once that is done, each owner is free to take whatever decision he wants to about his individual holding. It is possible for NRIs to file and then be suitably represented in a suit with the help of our team of legal experts without even visiting India during the process. The company has an undeniable advantage of over seventeen years of experience and thousands of clients – it places us at an advantageous position in handling NRI property dispute cases.