Introduction

Partition of ancestral property often becomes complicated when some heirs are living abroad as NRIs or OCIs. Physical distance, lack of awareness about Indian laws, and dependence on relatives in India frequently lead to disputes, delay, or even loss of rights. Indian law, however, provides clear remedies to protect the interests of heirs residing outside India.

Understanding how partition works and what precautions NRIs must take is essential to avoid prolonged litigation and family conflict.

What Is Ancestral Property?

Ancestral property is property that:

• Has descended from four generations of male lineage under Hindu law, and

• In which all coparceners acquire a right by birth

After the Hindu Succession (Amendment) Act, 2005, daughters also have equal coparcenary rights, whether they live in India or abroad.

Do NRIs Have Equal Rights in Ancestral Property?

Yes.
Living abroad does not reduce or extinguish an heir’s legal share.

NRIs and OCIs:

• Have the same ownership rights as resident heirs

• Can demand partition, possession, or sale of ancestral property

• Can challenge illegal transfers made without their consent

Indian courts do not discriminate based on residence.

Modes of Partition When Some Heirs Are Abroad

1. Mutual (Family) Partition

If all heirs agree:

• Partition can be done through a registered partition deed

• NRIs can sign through:

  • Embassy-attested Power of Attorney, or

  • Personal appearance (if visiting India)

This is the fastest and least expensive method.

2. Partition Through Civil Court

When disputes arise:

• Any heir (including an NRI) may file a partition suit

• The court:

  • Determines each heir’s share

  • Orders division by metes and bounds

  • Appoints a Local Commissioner if required

NRIs do not need to remain physically present throughout proceedings.

Can an NRI File a Partition Case Without Coming to India?

Yes.

An NRI can:

• File a case through a duly executed Power of Attorney

• Appear through an advocate

• Submit evidence via affidavits

• Attend hearings virtually, if permitted by the court

Indian civil procedure allows full representation through counsel.

Common Problems Faced by NRIs in Partition Matters

1. Property sold without NRI consent

2. Mutation done secretly in favour of local heirs

3. Relatives claiming oral family settlements

4. Delay causing limitation issues

5. Encroachment or exclusive possession by one heir

Such acts can be legally challenged if action is taken in time.

Effect of Sale Without Consent of NRI Heirs

If ancestral property is sold:

• Without consent of all coparceners

• Or before lawful partition

Such sale is voidable and can be:

• Challenged in civil court

• Set aside to the extent of the NRI’s share

Buyers of ancestral property carry legal risk if proper consent is missing.

Limitation Period in Partition Cases

Partition suits are generally:

• Not barred by limitation as long as property remains joint

However:

• Delay weakens practical enforcement

• Long silence may create complications in evidence

NRIs should act promptly upon learning of any illegal act.

Role of Revenue Records and Mutation

Revenue records do not create ownership but:

• Incorrect mutation often leads to future disputes

• NRIs must regularly verify:

  • Jamabandi

  • Fard

  • Girdawari (for agricultural land)

Correction of revenue records is often necessary alongside partition proceedings.

Special Issues in Punjab Ancestral Property

In Punjab:

• Large ancestral holdings are agricultural

• Informal family arrangements are common

• NRIs face risks from:

  • Batai (share-cropping) misuse

  • Encroachments

  • False claims of possession

Legal documentation and timely court intervention are critical.

Precautions NRIs Should Take

• Never rely solely on verbal assurances

• Regularly inspect revenue records

• Use embassy-attested POA only for limited purposes

• Avoid blank or unrestricted powers

• Seek legal advice before any settlement or sale

Prevention is far more effective than litigation.

Conclusion

Partition of ancestral property becomes legally sensitive when some heirs live abroad, but Indian law fully protects NRI rights. Distance does not dilute ownership, and courts recognize lawful claims regardless of residence. Problems arise mainly due to delay, blind trust, or lack of documentation.

NRIs who remain vigilant, act timely, and follow proper legal procedures can safeguard their rightful share and avoid prolonged disputes.