A co-owner can seek partition by agreement or through a partition suit in the civil court where the property lies. A family member in Pakistan can take part through an attorney holder, but if they are a Pakistani citizen they need RBI permission to acquire or transfer their share, and the property may already be enemy property. We check the title and Custodian records before any partition is attempted.
- Document route
- Pakistani notary and apostille, or Indian High Commission attestation where available
- Time difference
- IST is 30 minutes ahead of Pakistan all year
- Main law
- Hindu Succession Act 1956, section 6
- Daughters
- Coparceners by birth (2005 amendment)
Partition of Family Property from Pakistan: how it works
Our first step is to trace the title: old jamabandi or revenue entries, municipal records, registered deeds and any notice from the Custodian of Enemy Property. Many such properties have changed hands informally over decades, so we find out who is actually in possession and on the record. We then advise whether a share can still be claimed, and by whom.
Where a claim is viable, we try a registered family settlement or partition deed first, because a suit can take years. If relatives refuse, we file a partition suit with a request for a preliminary decree on shares and appointment of a local commissioner to divide the property. Where the share of a Pakistani citizen cannot be transferred, a family arrangement in favour of Indian relatives, with compensation handled lawfully, is often the practical answer.
What clients in Pakistan should know
- Daughters are coparceners by birth in Hindu joint family property since the 2005 amendment, which often changes the shares.
- Land in border districts may be subject to additional restrictions on transfer.
- Possession by a relative for many years can raise limitation and adverse possession arguments, so act quickly.
Step by step from Pakistan
Video consultation
A call at a time that suits Pakistan, after we have read your documents.
Documents signed in Pakistan
Pakistani notary and apostille, or Indian High Commission attestation where available
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 Pakistan where needed.
The full guide
This page covers what changes when you are in Pakistan. 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 Pakistan and the NRI Property Law practice area.
Questions from clients in Pakistan
Can a Pakistani citizen file a partition suit in India?
A foreign national can sue in Indian courts. Whether the share can be transferred to them is governed by FEMA and the Enemy Property Act.
How long does a partition suit take?
Contested suits often take several years. A negotiated family settlement is much faster.
Can the family sell the property and divide the money?
Indian co-owners can sell their own shares. The share of a Pakistani citizen cannot be sold without RBI permission.