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Partition Of Property

At ALLNRICARE, we understand the complexities that individuals, especially those of Indian origin living overseas, face when dealing with jointly inherited properties in India. As properties pass through succession rights, the presence of multiple co-owners can lead to disagreements and disputes over control and management. Our expertise lies in providing comprehensive solutions to partition such properties effectively.

Whether you’re an NRI seeking to assert your ownership rights over jointly owned property or aiming to avoid potential disputes, our tailored services are designed to guide you through the process. We specialize in both contested and uncontested partition cases:

Contested Cases: When co-owners are not in agreement regarding property division, we offer strategic legal representation. Our team meticulously reviews the information and documents provided to ascertain individual shares, leveraging our experience and network of specialists to navigate the complexities of property law. We handle cases for various property types, such as agricultural land, residential, and commercial properties.

Uncontested Cases: In situations where co-owners mutually agree to property partition, we facilitate the process efficiently. We help draft and finalize partition agreements that outline the terms of division, ensuring the legality and enforceability of the document. Our goal is to provide a streamlined and cost-effective solution that preserves healthy relationships among co-owners.

Our approach combines both in-court and out-of-court strategies, sparing you the need for frequent travel to India. Whether you’re dealing with ancestral land, a family dispute, or business partners seeking division, we offer an array of services to address your unique situation. From effective site visits and measurements to crafting maps for property division, our experienced team of legal professionals is here to guide you every step of the way.

At ALLNRICARE, we are dedicated to unlocking the complexities of property partition cases for NRIs. We have the expertise to ensure that your property rights are protected, offering strategic solutions to navigate the legal landscape with confidence. Take the first step towards safeguarding your interests – connect with us today.

Frequently Asked Questions

Joint tenancy and tenancy in common are two common forms of property ownership. In joint tenancy, each co-owner has an equal share in the property, and when one owner passes away, their share automatically transfers to the surviving owner(s). In a tenancy in common, each co-owner can have unequal shares in the property, and their share does not automatically transfer to the other owners upon death.

Yes, you can force a partition if you want to sell your inherited property, even if the other co-owners do not want to. However, it is important to consult with an attorney to understand the legal requirements and procedures involved in initiating a partition lawsuit.

Yes, it is possible to avoid a partition lawsuit through negotiation or mediation. By engaging in open communication and discussing the division of assets, parties can often reach a mutually agreeable solution without the need for litigation.

If the parties involved in a contested partition case cannot agree on the value of the property, the court may appoint an appraiser or expert to determine its fair market value. This appraisal will be used as the basis for dividing the property between the parties.


Once an uncontested partition agreement is signed and approved by the court, it becomes a legally binding document. Changing your mind after signing the agreement may require legal intervention and could result in additional time and expenses.