For Non-Resident Indians, navigating the landscape of property partition in India can be daunting. With intricate laws, familial dynamics, and cultural nuances, the process often becomes a labyrinth of legal and emotional challenges. This article aims to shed light on the common pitfalls that NRIs face when dealing with property partition in India, mainly focusing […]
A family property partition is a process of dividing an existing estate into separate segments to show the proportionate interests of the owners. It is a way to divide a joint property among several people so that each person can get their share of the property and become the owner. According to the common law, […]
Several persons may jointly own a property. In a joint family, all family members have share in the joint property unless barred by law. Partition means the division of joint property among co-owners so that each gets a separate share. Division of Joint property can be among all the co-owners either amicably with mutual consent […]
Property law in India is a vast subject. It is a study under various statutes like The Transfer of Property Act, The Indian Contract Act, Registration Act, Indian Stamp Act, RERA, Land Acquisition laws, etc. Apart from these, for NRIs, special rules and regulations are provided under FEMA by RBI.Property can be moveable, immovable, tangible or […]
HUF or Hindu Undivided Family, consists of several members related to each other through a common ancestor. Coparceners are a small unit of four generations of lineal descendants of a common ancestor within this family. The property held jointly by the members of the family is called HUF property, and only the coparceners can seek […]
Partition is a division of property among those who are entitled to the same. In case of property held jointly, if all the co-sharers decide mutually among themselves to divide the property and agree for specific share, there is partition by mutual consent. If there is a dispute, the parties file a suit for partition […]
Under Hindu Law, brother and sister are at par when it comes to the devolution of property of a father dying intestate. When a Hindu male dies intestate (without leaving a will), his property devolves upon the legal heirs as per Section 8 of the Hindu Succession Act, 1956. The legal heirs are as follows: […]
Daughters and daughter – in – laws are on different footing when it comes to shares they receive on division of property in a family. Devolution of property by inheritance or succession is influenced by personal laws and is governed by various statutes. Position of daughters: Equal right as a son In the case of […]
Family disputes can lead to a forced partition. Partition of property takes place when there is joint ownership of two or more persons in property, and each of them wants to have a separate share. Partition of property comes with financial and legal implications. The partition of property in India is governed by Partition Act […]