We provide assistance to Non-Resident Indian Hindus, Muslims and Christians :-
NRIs and OCIs generally find it difficult to take control of their share in ancestral property in India. Most persons of Indian origin assume that just because they are overseas and not in India, they cannot inherit properties located in India. However, by law, an NRI/ OCI/ PIO is entitled to inherit an ancestral property equally like other successors of the property under Hindu Law. All children whether residing in India or otherwise have equal coparcenary rights in the ancestral property. Non-resident Hindu married women also have right in the ancestral property situated in India.
Several Non-Resident Indians or Overseas citizens of India find it difficult to pursue a partition suit against the coparcenars of the property. We assist NRIs and OCIs to ensure that the litigation is pursued and their coparcenary rights in the property is not affected in any manner.
A Non-Resident Indian or Overseas Citizen of India may issue a notice to the head of the family i.e. Karta seeking for partition of the property. In case the coparcenars agree, a Partition Deed will have to be drafted and executed by all coparcenars. However, if there is any disagreement between the coparcenars, the only recourse would be to file a partition suit in the Civil Court.
Some of the questions that arise :-
- What if an ancestral property is sold without my consent as a coparcenar in the property? Such sale would be illegal to the extent of the share of the NRI/OCI in the property. It is also necessary to file a civil suit at the earliest and obtain an injunction from the Court to ensure that the property is not alienated by gift or sale of the property.
- Can I file a partition suit against my family members who are in possession of the ancestral property? Yes
- Do I have to come to India to file the partition suit? No
In case of further questions, please contact us by booking an appointment with our experts.