Filing A Property Suit For A Property In India

Partition of a property is a process where the ownership of property among the family members is managed. Joint ownership in the property creates many problems for the shareholders. For NRIs, it is even more complicated when they want to sell or transfer the undivided property to someone.

Partition Of Property

Partition is a division of joint property and delivery of the entitled portion to the rightful owner. The important part of the partition is to “surrender” and “transfer” certain rights.

There are three ways in which partition can be done:

    1. Through the partition deed, which is a legal binding document signed by all the co-owners on mutually agreed terms.
      This need to be registered with sub-registrar on a stamp paper, in order to be legally enforced.
    2. Another way to divide property is through family settlement. This is the same as partition deed, the only difference is that it does not require registration and stamping.
    3. The third way of partition is by filing a partition suit in court.

Instituting A Partition Suit

Filing of a suit is usually the last resort of partition when any one or all co-owners are not on the same page. When co-owners want something different and there is a dispute amongst them, then they can approach the court and file a suit for partition. But it is not necessary for all the heirs to file suit for partition. This legal process is adopted to establish rightful ownership.

Documents Required And Possession

There is a huge misconception among people that possession of documents makes you a rightful owner. Possession of document is irrelevant, at least in the case of the institution of the suit. This is so because only certified copies of documents registered at sub-registrar are taken into consideration by the court. The documents which are required for partition suit are title deed, a detailed description of property and property’s valuation as per the market rate.

Process Of Filing A Partition Suit By NRIs

    1. A very important step is to give ‘power of attorney’ to a lawyer based in India. This is extremely important for an NRI as it is physically impossible for them to handle legal nuances from their place of residence.
    2. The second step is to file a complaint, which is a legal complaint in court, in a prescribed format. It is important to file the plaint within the limitation period. The limitation period is of 12 years, counted from the date when a claim to the property was made for the first time.
    3. Thirdly, a court fee needs to be paid. Court fees depend upon the market value of the property and the value of the share in the property. Court fees are the subject matter of state and therefore, it will vary from state to state.
    4. The next step involves the recording of relevant documents in court and court dates for the appearances of parties, witnesses, and experts. This step may take a longer time.
    5. The last step involves determining the claims and establishing rights. The court can also order further inquiry for establishing a rightful claim to the property.

NRIs can seek legal advice and solutions from our experienced lawyers in the partition of joint property. We help our clients in the following matters:

  • Inherited property through will or law of succession brings the issue of Shared Ownership of property.
  • A legal partition of property is required to solve the issues among the claim holders. Also, the partition of property in government records is required for effective management and control of ownership.
  • If an NRI individual is co-owner with any other person, it can create complications and lead to disputes.
  • Property disputes are common in case of the joint property if the NRI does not have cordial relations with a person who currently has possession of the joint property.
  • The individual who has possession currently usually prefers to get the authority to manage, control and even sell the relevant share which is detrimental to the interest of NRI co-owner.
  • In such scenarios when all claim holders are not in agreement, a legal suit is to be filed in concerned courts
  • To contest and be adequately represented in the suit filed in courts, NRIs need assistance, advice, and representation through legal representatives even without being present in India physically.