SOMETIMES BEING ‘SINGLE’

ACTUALLY HELPS!

Understanding the perils of Joint Ownership of Property and the solutions thereof.

Property matter resolving gives us an insight into all kinds of family drama

happening around us. Some of the most shocking cases have revolved around

partition of property and issues of joint ownership. About a year ago, NRI Legal

Services was contacted by Mr. Pankaj Solanki; an NRI settled in Birmingham,

the UK for the past 25 years. A devoted son and a caring brother, he was very

fond of his parents and sister living in Bundi, Rajasthan. In spite of the long

distance between them, he was always in contact with his parents and was

particular about visiting them at least once a year. Sadly, he lost both his parents

in an unfortunate road accident. He had to come back to India to perform his

duties and pay his respects, but this visit proved to be a terrible confrontation

with him- worse than he could have ever visualized. To his utter shock, his

sister came up with ingenious ways to prevent him from entering their family

house. Later, he was not allowed to visit his ancestral house situated in the

neighboring village too.

Consulting his family lawyer proved his belief that he was without a doubt the

joint owner of all the properties that his father has left behind. In spite of this

information, he was emotionally wrecked with two losses that he was facing –

loss of his parents and the unnerving behaviour of his sister.

When he contacted the Birmingham, office of NRI Legal Services, he

undoubtedly appeared a hassled man. He didn’t have even a remote hint about

how to handle all the legitimacy of the ownership problems and was obliged by

his work commitments in the UK. Experts in the firm counselled him about the

issues related to Partition of Property. The legal experts in the company guided

him on how the best legal solution available for an NRI or overseas citizen in

such situations is to file a Partition Suit. This would help him secure command

over what was rightfully his. He was finally able to fathom, that joint ownership

of any property can, at times, put a person in a weak position.

Pankaj was glad to know that it was possible to file and be fairly represented in

a partition lawsuit with the help of a legal representative even without being

present in India. NRI Legal experts helped him in attaining his rightful share

without having to visit India for the formalities. Efficient representation aided

him in going through this process efficiently. The online updates were also

helpful to him in keeping track on the progression of the case.

Partition of Property is one of the major issues related to Property

Disputes in India.

Being a joint owner of property, whether with one of our own or with

someone unknown, usually creates a problem, especially in the case of an

NRI.

The situation gets complicated for an NRI when he has to deal with the

person who is currently managing the property, and he seeks the total

control of the property. In such a case the best solution is to file for

Partition of the Property.

Proper understanding and evaluation of documents with possible site

visits to the concerned property help in making the lawsuit piquant.

The suit helps in taking control of ownership and management of the

property that was rightfully his.

Partition of property simply means that the jointly owned property which

is held by two or more people is divided into parts in a way that everyone

gets the entitled share.

This could be of two kinds – contested or uncontested.

In situations where the involved parties do not agree with each other, a

legal suit has to be filed in the court; this is Contested Partition.

In situations where the involved parties mutually come to an agreement, it

is called Uncontested Partition. In this case, the share of the property

depends on the deed prepared at the time of purchase.

In some scenarios, the partition of the property is not possible, therefore,

as per the court’s ruling the property is sold and then the proceedings are

divided as per share of each person involved.

For NRIs, with the help of an appropriate legal representative, it is best to file

and be aptly represented in a suit without being physically present in India. We,

at NRI Legal Services, thrives to render best legal advice related to any Property

Dispute especially Partition of Property.