Partition of property

Most of the overseas persons of Indian origin need to partition their jointly inherited properties in India. Since the properties devolve upon them through succession rights in India, hence over time there can be several co-owners to the inherited properties. Different owners might want to control the properties in a different way and have different objectives.  A complicated situation arises if an A&K happens to find himself in dispute with the person who currently has the possession of the joint property. Most likely the individual in possession would prefer to get the authority to control, manage or even sell the relevant share in the property which could be detrimental to the interest of the shareholder living overseas.

In case of a joint property, all the owners have equal ownership rights in the property in record, but their individual shares are not physically defined with separate boundaries. Joint property is the foremost reasons for feuds and disagreements amongst families/relatives. 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 the individual shares. This could be ancestral land, residential or a commercial establishment that has been co-inherited with siblings or relative. In all cases, joint ownership of property would put an individual in a vulnerable position and especially in case of non-resident Indians where they are not physically present in India to safeguard and protect their own interests.

Moreover because of the complexities in the law and procedures related to partition of property, they generally find themselves trapped in tedious legalities, their inability to travel to India again and again to supervise and manage their cases add to their woes while handing such matters.

Understanding Partition of Property

• Partition suit is a process by which property gets divided into separate portions.
• Any co-owner can file for partition suit even if other co-owners are not in consensus.
• 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 suit 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.