Co-owners in Canada can seek partition of ancestral or jointly inherited property in India either by a family settlement deed or by a partition suit. Since the 2005 amendment to the Hindu Succession Act and the Supreme Court's 2020 ruling in Vineeta Sharma, daughters are coparceners with equal rights by birth. Agricultural land may also be partitioned through revenue proceedings. Each heir in Canada signs consents or a power of attorney before a notary, with a Canadian apostille.
- Document route
- Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
- Time difference
- IST is 9h30 (Ontario, summer) to 13h30 (British Columbia, winter) ahead
- Main law
- Hindu Succession Act 1956, section 6
- Daughters
- Coparceners by birth (2005 amendment)
Partition of Family Property from Canada: how it works
We first map the family tree and the property: who the original owner was, how it passed, and what the revenue records show today. Many Punjab holdings are still recorded in the name of a grandfather, with mutation entries only partly updated. Where everyone agrees, we draft a family settlement or partition deed, which heirs in Canada sign before a lawyer acting as notary and have apostilled by their province or Global Affairs Canada. Registration in India requires stamp duty, which varies by state and by the form of the deed.
If agreement is not possible, we file a civil suit for partition, or a revenue partition application for agricultural land before the Assistant Collector. Courts first declare each share by a preliminary decree, then divide the land by metes and bounds or order a sale. Contested partitions can take years, so interim orders protecting the land from alienation are important. We also consider whether earlier oral partitions or relinquishment deeds signed by family members bind you.
What clients in Canada should know
- A Canadian citizen can inherit and take a share of agricultural land in India, but cannot buy more agricultural land as an OCI holder.
- A relinquishment deed signed in Canada in favour of a sibling should be drafted carefully, because it can carry stamp duty and capital gains consequences.
- Rental or crop income from the shared land should be accounted for in the partition, and the Canadian return may also need to include your share of it.
Step by step from Canada
Video consultation
A call at a time that suits Canada, after we have read your documents.
Documents signed in Canada
Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
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 Canada where needed.
The full guide
This page covers what changes when you are in Canada. 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 Canada and the NRI Property Law practice area.
Questions from clients in Canada
Do daughters living in Canada get a share in ancestral land?
Yes. Daughters are coparceners by birth, whether or not the father was alive in 2005, following Vineeta Sharma. Earlier registered partitions may still stand.
Can we partition without going to court?
Yes, by a registered partition or family settlement deed if all co-owners agree. Each heir abroad signs through an apostilled document.
My brother in India refuses to partition. What can I do?
File a partition suit through an attorney holder, ask for an injunction against sale, and seek accounts of income from the land.