Co-owners can partition property by a registered family settlement or partition deed, or through a partition suit in the civil court where the property is. A co-owner in Bangladesh can take part through an attested power of attorney. If that co-owner is a Bangladeshi citizen, transferring their share to them or selling it needs RBI permission, so a settlement in favour of Indian relatives with compensation is often more practical.
- Document route
- Bangladeshi notary, MOFA attestation, then Indian High Commission attestation
- Time difference
- IST is 30 minutes behind Bangladesh all year
- Main law
- Hindu Succession Act 1956, section 6
- Daughters
- Coparceners by birth (2005 amendment)
Partition of Family Property from Bangladesh: how it works
We collect the record of rights, old deeds and family details, and work out each person's share under the applicable law, whether the Hindu Succession Act, Muslim personal law or the Indian Succession Act. We then propose a partition that reflects the shares and the reality of who lives on the property.
If agreement is not possible, we file a partition suit seeking a preliminary decree declaring the shares, followed by a final decree dividing the property by metes and bounds or ordering a sale. Throughout, we explain each stage on video calls and keep the co-owners in Bangladesh informed.
What clients in Bangladesh should know
- Daughters have equal coparcenary rights in Hindu joint family property since 2005.
- Stamp duty on partition deeds is usually lower than on a sale, which makes a family partition cost-effective.
- Agricultural land may have ceiling and tenancy rules, so check before agreeing a division.
Step by step from Bangladesh
Video consultation
A call at a time that suits Bangladesh, after we have read your documents.
Documents signed in Bangladesh
Bangladeshi notary, MOFA attestation, then Indian High Commission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Bangladesh where needed.
The full guide
This page covers what changes when you are in Bangladesh. For the law, the documents and the step-by-step procedure, read our main page on Partition of Family Property, or see all services for clients in Bangladesh and the NRI Property Law practice area.
Questions from clients in Bangladesh
Can I claim my share in my grandfather's land in India from Bangladesh?
Possibly, depending on the records and the applicable succession law. If you are a Bangladeshi citizen, taking title needs RBI permission.
Do all co-owners need to agree?
For a family settlement, yes. Otherwise any co-owner can file a partition suit.
Can the court order the property to be sold?
Yes, where division is impractical the court can order a sale and divide the proceeds.