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Non Resident Indians (NRI) & Partition of their Ancestral Property in India

 > Legal Advisor  > Non Resident Indians (NRI) & Partition of their Ancestral Property in India

Non Resident Indians (NRI) & Partition of their Ancestral Property in India

A Non Resident Indians (NRI) who have left India and/or are either staying abroad or have obtained the citizenship of a foreign country have their immovable properties and/or real estate in India and the same can be in the form of ancestral property which a person inherits. “Partition” is a process by which ownership of property among the family members is managed. When there is/are more than one owner of a property, it is known as “joint property”. Joint ownership in the property creates many problems to the owners of the property and for the Non Resident Indians (NRI) it is even more complicated when they want to sell or transfer the undivided property to someone.

The Partition of ancestral property is also important for peaceful ownership and possession. Further, the Partition of the joint property is a mandatory step for effective management and control of ownership and possession. In joint property though, all the owners own land in record, but their respective shares are not physically defined with definitive boundaries.

The solution of this problem is to prepare an “Instrument of Partition” under the Partition Act of 1893 respectively. The same enables to define the boundaries of their respective share. The Partition of joint property is must in order to avoid problems at the time of sale, transfer or inheritance and after the execution of partition each co sharer gets a specific share in the property as per his/her legal entitlement. Once the partition is complete, each owner is free to take independent decision regarding his share of property.

There are two type of partition.

  1. Private Partition or Uncontested Partition.
  2. Contested Partition.

Private Partition or Uncontested Partition
In an uncontested partition, all the co-sharers mutually agree to the partition of the property. They get the ownership and possession over the specific portion of property according to their share. This “family partition deed” must be executed on a stamp paper and it must be registered in the office of the Tehsildar cum Sub-Registrar.

Private Partition or Uncontested Partition
In an uncontested partition, all the co-sharers mutually agree to the partition of the property. They get the ownership and possession over the specific portion of property according to their share. This “family partition deed” must be executed on a stamp paper and it must be registered in the office of the Tehsildar cum Sub-Registrar.

Contested Partition
In case the co-owners are not in mutual agreement to the partition of property then it will be partitioned by the revenue officer on the basis of mode of partition prepared with the consent of the legal heirs of the property. Instrument of partition will be prepared as per mode of partition. For this type of partition i.e. a civil suit has to be filed under the Partition Act of 1893 before a civil Court having jurisdiction of the same.

Thus, the laws with respect to the partition and the “instrument for partition”are very clear including the legal remedies thereto.
Authored By: Adv. Anant Sharma

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