Legal proceedings in property disputes are long and self-contained. However, with the appropriate approach plan and legal help one can undoubtedly make the process easy. Generally, an NRI does not own a piece of property outright but rather shares it with others. Due to the fact that they are joint properties, any individual, even an NRI living outside India, who wishes to sell them must do so on a share basis; the property cannot be sold on a market value basis. As a result, ownership of the property cannot be seized, and the NRI has a dispute with the owner. With the help of the best Property Lawyers these cases can be handled and dealt with smoothly and effectively. Adv. Bindu Dubey is one of the best NRI property lawyers in Mumbai. She will aid the NRI clients in with their issues and disputes. If anyone, be it Indian or Non – resident of India wants to dispose of any property to the best market value then it is advised for them to file for partition suit.
The division of a property is a procedure by which the ownership of property is divided among family members is administered. The fact that the shareholders have joint ownership of the property generates a slew of issues for them. The situation becomes much more difficult for NRIs when they seek to sell or transfer their undivided property to another party. In real estate, partition refers to the split of joint property and the transfer of the appropriated share to the proper owner. The “surrender” and “transfer” of some rights are two of the most significant aspects of the division.
Creating a partition may be accomplished in one of three ways:
The partition deed, which is a legally binding instrument signed by all of the co-owners on conditions that have been unanimously agreed upon, is used to accomplish this.
In order to be legally enforced, something must be recorded with a sub-registrar on a stamp paper and then stamped.
Property may also be divided via a family settlement, which is another option. Although this document is identical to a division agreement, it does not need registration or stamping, which is a significant advantage.
The filing of a partition action in court is the third method of dividing property. A partition action may be brought by some or all of the co-owners. If the property is owned by a family, the co-owners may also be considered legal heirs. Anyone who owns a portion of the property that is meant to be partitioned has the right to file the lawsuit. An action for partition is brought in a Civil Court that has jurisdiction over the region in which the property is situated, rather than in a criminal court. If there are multiple properties involved, the case may be brought in any of the relevant courts in the state. The outcome of the partition action is a decision that terminates the joint character of the property. The court may order the sale of assets as well as the distribution of the profits of the sale.
In the event that any one or all co-owners are not on the same page, the filing of a lawsuit is generally the final option of partition. When co-owners desire something different and there is a disagreement between them, they may go to court and file an action for partition to have their differences resolved. Nonetheless, it is not required for all of the heirs to bring a lawsuit for division. This legal procedure is used to establish the lawful ownership of property.
Can ownership be claimed on the basis of possession?
There is a widespread belief among the general public that just possessing legal papers automatically makes you the legitimate owner. The fact that a document is in your possession is immaterial, at least in the context of the filing of a lawsuit. This is due to the fact that only certified copies of papers that have been registered at the sub-registrar are taken into consideration by the court system.
The following papers are needed for a partition suit: the title deed, a comprehensive description of the property, and an appraisal of the property at the current market value.
THE PROCEDURE FOR FILING A PARTITION SUIT BY NON-RESIDENT INDIANS
The delegation of ‘power of attorney’ to a lawyer located in India is an extremely essential step. When dealing with legal intricacies from their place of residency, an NRI’s expertise is critical since it’s physically difficult to do so from their home.
The second stage is to file a complaint in court, which is a legal complaint filed in a specified format, which is the third step. It is critical that the complaint be filed within the statute of limitations. Counting back from the date when the initial claim to the property was filed, there is a 12-year statute of limitations.
Third, there is a court charge that must be paid. Court fees are determined by the market worth of the property as well as the value of the shareholder’s interest in the property. Court fees are governed by state law, and as a result, they will differ from one state to the next in terms of amount.
The following stage involves the filing of pertinent papers in court as well as the scheduling of appearances by parties, witnesses, and experts. It is likely that this step will take lengthier.
The last stage is evaluating the validity of the claims and establishing legal rights. In addition, the court may require additional investigation to determine whether or not a legitimate claim to the property exists.
NRIs can approach the best lawyers in the field of Property law with respect to questions and confusion related to partition suit or any other legal processes related to it. Adv. Bindu Dubey has a wide knowledge in Property law and she will be able to help the NRI clients with their Disputes and will aid them by giving them the best consultation.