NRI Lawyers for partition of property
India has a long tradition of having joint families, which automatically translates in joint property rights. A family arrangement where different generations of the family lived and worked together, joint families are now increasingly being replaced by nuclear families, best defined as a couple living with their dependent children.
21st century has brought numerous changes in the way we live and work. More and more youngsters are moving out of their ancestral homes in search of better opportunities or to chase their dream. NRIs fall into the bracket of people who has moved out of the country in pursuit of their dreams and passion.
With the breakage of Joint Families, and businesses, it becomes apparent to divide the property among the lawful heirs.
Partition of Property
The act of dividing the immovable assets among the co-owners of a joint property, according to their share is termed as Partition. Partition can be among business partners or within a family, although the most common inference to the partition is partition of ancestral property or partition of family assets.
Partition can be of two-forms, voluntary partition or judicial partition.
In case of voluntary partition, the property is divided with the mutual consent of all the joint owners. Here, it will be upto the co-owners to negotiate a partition procedure amongst themselves and arrive at a feasible manner to carry on with the partition. It will be advantageous if the owner or co-owners appoint a suitable NRI Lawyer for partition of property, to help you sail through the complex procedure of partition.
A NRI Lawyer for partition of property, has the required skill in expertise handling cases of partition that involves NRI parties. NRI Lawyers for partition of property are well versed with the various laws and statures related to the partition of the property and can guide you through the whole procedure.
Judicial partition can be best explained as a situation where court of law takes the decision on the partition of the property. It can be because of a dispute among joint owners or a dissent on the partition. There is a rise in instances of partition disputes, that include NRIs, making it important for them to have an attorney with specialised knowledge and experience in resolving similar disputes.
Since judicial partition includes the court, it is obligatory to hire a NRI Lawyer for partition of property. NRI Lawyer for partition of property will present your case in court of law as per the need.
India is a diverse country with people of different religions, castes, colour, cultures coming together to form one nation. It is not possible to bind such a diverse group under one law frame. Our founding fathers, while drafting the constitution and penal code took this vastness of our country in consideration. And as a result, they framed laws in concurrence with the beliefs and culture of different religion of the country. These laws are called the personal laws, governing the matters of family affairs.
Partition is subject to the personal law of inheritance, and thus varies for Hindus, Muslims, and Christians. Having a qualified NRI Lawyer for partition of property, during the process of partition, even if it is a voluntary partition, and have the deed registered, will help you avoid any tussle between the beneficiaries in the future.
Property that can be partitioned
According Hindu personal law, a male or female born in a joint Hindu family has an inherited right in the ancestral property. This right can be exercised upto three generation, i.e. a person has right in the property of his father, grand father and great grand father.
In case of self-acquired property, the owner has the right to transfer his property to whosoever he wishes through his will. But if dies intestate, then his property becomes a part of the ancestral property and is divided among his legal heirs.
A NRI Lawyer for partition of property, will be able to better guide you on your rights in the ancestral property.
Types of partition
Partition can be completed through two ways:
- Partition Deed
- Family Settlement Agreement
Both partition deed and family settlement agreement are ways to divide the assets among the co-owners in a manner that all of them get possession of their share to become absolute owners. They differ in the fact that partition deed is a legal document that has to be registered and executed on a stamp paper whereas family settlement agreement is an arrangement, either written or in understanding, among family members regarding the partition of the property.
Whereas a partition deed requires the consultation of NRI Lawyer for partition of property, we advice to have a family settlement agreement documented and registered to be on a safer side. For NRIs, it will act as a safety net in case of any future dispute. Consult a NRI Lawyer for partition of property to know more about your rights in the property.
Partition of property, is both mentally and emotionally exhaustive procedure. Like all the legal matters, it too involves a complex and extensive paper work, and other formalities. Although not all cases require an attorney, it is wise for NRIs to always have a NRI Lawyer for partition of property by their side to better understand the process and their rights. NRI Lawyers for partition of property, hold an expertise in overseeing property matters of NRIs, and thus are at a better position to help you than any other attorney.
LexLords Property Management Services, is an association of experienced lawyers practicing different fields of law, exclusively handling the legal matters of NRIs. Our NRI Lawyers for partition of property, have an extensive knowledge and experience, that can make the legal part of the partition process simple for you. Having a specialised NRI Lawyer for partition of property will help you understand the legal formalities involved and know your rights and exert them when needed. Whether you are the co-owner of the property, a next generation beneficiary or the patriarch, availing the services of a NRI Lawyer for partition of property, will only prove beneficial for you.