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Who has the right to partition of property in India? What is the process of Partition of property in India? And why is it important for NRIs? Nidhi Singh, Founder of NRI Legal Services, discusses the key factors and significance of Partition of Property for NRIs.

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Transcript
00:00We've been providing legal services to non-resident Indians for the last 23
00:04years and dealing with their property matters and their assets in India or
00:09their inheritance in India lately there have been people who have contacted us
00:15who have inherited jointly owned properties in India and those properties
00:21are not in their control they are being managed by the other siblings or people
00:26in India who are co-owners to that property and that could be lands and that
00:31could be houses in the cities and the villages etc etc I really do not know how
00:39else to suggest an alternative route to you other than saying that if you are a
00:46co-owner of an inherited asset in India the only possible way for you to get
00:52control manage transfer or sell that property is through partition partition
00:59is a legal right which any one a co-owner can exercise in the competent court of
01:05law and without exercising this right if you think you can get your properties to
01:13control or manage well it does happen but very very seldom again for girls now we
01:21all know that the succession rights in India changed now a decade and a half
01:26ago and girls inherit equal rights just as the sons and mostly the properties of
01:33the father are in control of the boys now if these girls want to ever control or
01:40manage that assets the only way through filing a partition in the competent court of
01:46law without that I do not think or I haven't really heard people doing it amicably
01:53simply once you have a control of the property and you know that the other
01:57co-owners are not even living in India it's virtually impossible for anyone to
02:02just hand you over the property now let's say even if there is an amicable
02:06settlement how would you actually sell that asset how would you actually divide
02:12that asset not all the assets are equally divisible in all the legal areas so you
02:18will eventually have to get the partition through the court or there or else sell
02:23that property together sometimes people who live in the properties do not want to
02:28sell because it doesn't suit them but definitely for you to to sell your share
02:34and get the assets transferred in your name you will have to go in for
02:38partition so partitioning is a very important step if you are a co-owner of
02:44your property and you are looking to manage transfer or sell it thank you
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