A co-owner living in the United States has the same right to partition as family members in India. The suit is filed where the property lies through an apostilled power of attorney, an injunction is sought against sale, and your evidence is recorded by video link at a time suited to US hours. US citizenship or decades abroad do not reduce the share.
- Document route
- Notary + state apostille, or consulate
- Time difference
- 9.5 to 13.5 hours behind IST
- Handled in India at
- Civil court or revenue officer
- Travel to India
- Rarely; evidence by video
How it works from the USA
We first work out your exact fraction under the succession law that applies, and list every property that should be included, since leaving one out invites objection. A notice proposing a registered family settlement goes to the co-owners; many disputes end there once the family sees the claim is serious. If not, the suit is filed with an application to stop any sale or construction, and the court declares the shares by a preliminary decree.
For US clients the time difference is the main practical issue. Hearings are attended by our advocates; you are needed only for your own testimony, taken by video at about 7 to 9 am Eastern or the previous evening Pacific. Where the property cannot be divided, the court can order sale and you receive your share of the price, which is then repatriated like any sale proceeds.
What is different for NRIs in the USA
- Daughters, including married daughters in the US, are equal coparceners in ancestral property.
- Do not sign any "no objection" sent from India without advice; it may be a relinquishment.
- There is no deadline while the property is joint, but twelve years run once you are openly excluded.
Step by step from the USA
Free review call
Calls are held in your evening or early morning, which is the Indian working day. We read your papers on a partition claim first, so the call is about your options and not a repeat of the facts.
Authority from USA
Where a representative must act for you in India on a partition claim, you sign before a US notary and obtain the apostille of your state, or attend the Indian consulate for your state. We draft the document and send signing instructions.
Work in India
In India, we send the notice for amicable division and, failing that, file the suit with an application to stop any sale of the joint property. Updates for clients in the USA go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the decree or registered settlement and we see the division through to the revenue record. Originals are couriered to your address in the USA if you need them.
The law in full
This page covers what changes when you handle a partition claim from the USA. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Property Partition Suit. For other matters, see all legal services for NRIs in the USA or the Property & Real Estate practice area.
Questions from NRIs in the USA
Can I file a partition suit in India from the USA without visiting?
Yes. A power of attorney holder signs and attends, and your evidence is recorded by video conference.
My brother in India says I gave up my share by moving to America. Is that true?
No. Emigration or foreign citizenship does not extinguish a share. Only a registered relinquishment, a valid will or long adverse exclusion can affect it.
Is my share of the sale proceeds taxable in the US?
A gain on sale is reportable on your US return with credit for Indian tax. The inheritance itself is not income.