Partition Of Property Is One Of The Most Significant Aspects Of NRI Legal Services India
Legal advice, representation of different cases, dealing with bank accounts and others are a few services that are offered by NRI legal services but the most significant one of all happens to be the disputes that arise in shared ownership of any NRI property. In such situations, the only feasible and effective option is a legal partition of the property. This is a complicated process but is the only option available to the NRIs to sort out and resolve issues regarding claims easily and quickly. Such disputes usually arise when an individual is a co-owner of any property with another person. The situation can become more complex for an NRI if the other person is currently in possession of the property in question.
Understand the law
It is important to know about the law regarding the partition of property. In such a complex situation, the person in possession usually likes to gain control of the property and have the full authority to manage and even sell his or her relevant share of the land. This may be detrimental to the interest of the NRI shareholder which is when the expertise of NRI legal services India comes in handy. The best legal remedy in such situations is to file a lawsuit by the NRI after seeking apt and useful legal advice. However, the other party will also seek legal help and that is why it is necessary to have a thorough and deep understanding of the matter and the laws that govern it.
The intricacies involved
A lot of intricacies and requirements are involved in such type of legal lawsuit. There are a lot of documents that must be reviewed and multiple visits to the site are to be made. It is not possible for the NRI to travel thousands of kilometers for such jobs that are essential for the effective implementation of the law. These hurdles are easily overcome when a reliable and competent legal service is backing up. Since the property is in a joint land it is mandatory to have active managing and controlling of your ownership. It is based on this aspect that the property will be divided into proportionate and separate parts.
The legal entitlement
The expert team of lawyers providing NRI legal services India will consider the legality aspect and the eligibility factor of each party. Every division will be done according to the legal entitlement. After the division is made amicably, the legal team then ensures that each portion so divided gets a new title. It is also seen that each of the new owners gives up their original share in the other parts. This will provide each of the owners with a complete autonomy to control, manage and operate their respective partitioned share. The law also states that when a partition is made then none of the owners will have the right to interfere with each other's share of the property.
Types of partition
Such disputed property may be an ancestral land or an ancestral house, a commercial establishment or any residential house purchased and co-inherited property with siblings and with other co-owners as well. The share of the co-owner is usually inheritable and transferable if the share of investment of each of the co-owners and their entire share in right and interest are explicitly and clearly defined. This will avoid problems in taxation, alienation, transfer, and inheritance. A partition can be usually of two types namely, contested or uncontested. In a contested scenario there is a legal suit filed to resolve the disagreement and in an uncontested situation, there will be a settlement made mutually. All agreement must be however made in a stamp paper drafted unambiguously.