A Non Resident Indians (NRI) who have left India and/or are either staying abroad or have obtained the citizenship of a foreign country have their immovable properties and/or real estate in India and the same can be in the form of ancestral property which a person inherits. “Partition” is a process by which ownership of property among the family members is managed. When there is/are more than one owner of a property, it is known as “joint property”. Joint ownership in the property creates many problems to the owners of the property and for the Non Resident Indians (NRI) it is even more complicated when they want to sell or transfer the undivided property to someone.
The Partition of ancestral property is also important for peaceful ownership and possession. Further, the Partition of the joint property is a mandatory step for effective management and control of ownership and possession. In joint property though, all the owners own land in record, but their respective shares are not physically defined with definitive boundaries.