Family property in India can be divided by agreement through a registered partition deed or family settlement, by a revenue partition of agricultural land before the revenue officers, or by a civil suit for partition. Since 2005 daughters are coparceners under the Hindu Succession Act with the same rights as sons. A co-owner in Italy can take part through a power of attorney, signing documents before a notaio or at the Indian mission.
- Document route
- Notaio plus apostille from the Procura, or Indian mission attestation
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Main law
- Hindu Succession Act 1956, section 6
- Daughters
- Coparceners by birth (2005 amendment)
Partition of Family Property from Italy: how it works
We begin by building the family tree and the title chain: the jamabandi entries for each khewat and khatauni, mutation records after each death, any will, and whether the land was ancestral coparcenary property or self-acquired. This decides each person's share. Where everyone agrees, a partition deed or family settlement is drafted, signed by those in Italy through the apostille or consular route, stamped and registered, and mutation follows. A relinquishment deed by one sibling in favour of another must also be registered to be effective.
If agreement fails, there are two routes. For agricultural land in Punjab, a co-sharer can apply for partition before the revenue officers under the Punjab Land Revenue Act 1887, which divides the holding on the ground. Alternatively, or where houses and plots are involved, a civil suit for partition leads to a preliminary decree fixing shares and a final decree dividing the property, sometimes by sale if division is impractical. Throughout, we seek injunctions to stop any co-owner selling or changing the property while the case runs.
What clients in Italy should know
- Daughters living in Italy have equal rights in coparcenary property under the 2005 amendment and the Supreme Court's 2020 decision in Vineeta Sharma, whether or not their father was alive in 2005.
- OCI cardholders in Italy can inherit and hold agricultural land in India, but cannot buy more; plan any exchange of shares with this rule in mind.
- Proceeds from selling a partitioned share can be repatriated from your NRO account within the annual limit, with the tax position decided under India's tax treaty with Italy and the Italian rules.
Step by step from Italy
Video consultation
A call at a time that suits Italy, after we have read your documents.
Documents signed in Italy
Notaio plus apostille from the Procura, or Indian mission 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 Italy where needed.
The full guide
This page covers what changes when you are in Italy. 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 Italy and the NRI Property Law practice area.
Questions from clients in Italy
My brothers say I gave up my share by moving to Italy. Is that true?
No. Living abroad does not end your rights. A share is given up only by a registered document such as a relinquishment deed, or in limited cases by adverse possession.
How long does a partition suit take?
Contested suits can take several years. Revenue partitions for agricultural land are sometimes faster. A negotiated settlement is usually quickest and cheapest.
Can I sell my undivided share before partition?
You can transfer an undivided share, but buyers are scarce and the price is lower. Partition or a buyout by family members is usually better.