If you live in Portugal and own a share in family property in India, partition can be done by agreement through a registered partition deed or, if relatives disagree, through a court case. Outside Goa, an ordinary partition suit under the civil procedure code applies, with Hindu Succession Act rules for Hindu families. In Goa, inheritance is usually divided through inventory proceedings under Goan law. You can take part through an apostilled power of attorney and give evidence by video where the court allows.
- Document route
- Notary, then apostille from the Procuradoria-Geral da Republica
- Time difference
- India is 4h30 (summer) to 5h30 (winter) ahead
- Main law
- Hindu Succession Act 1956, section 6
- Daughters
- Coparceners by birth (2005 amendment)
Partition of Family Property from Portugal: how it works
We start with the title chain: who held the property, who has died, and who the heirs are under the law that applies. For a Goan Catholic or Hindu family that is Goan civil law; for a Gujarati or Punjabi Hindu family it is the Hindu Succession Act 1956, including daughters' equal coparcenary rights after the 2005 amendment. You send us scans of any documents, such as the old sale deed, Form I and XIV extracts in Goa, or jamabandi records in Punjab. We then propose either a family settlement and registered partition deed or, if that fails, a suit or inventory application.
Court partition is slow, often several years, and needs survey, valuation and sometimes a court commissioner to divide the property physically. Inventory proceedings in Goa are now largely handled before notaries and courts under the 2012 Act, and the cabeca de casal, the head of the estate, plays a central role. Watch for relatives who have quietly mutated records in their own names, sold part of the land, or let a long limitation period run. An interim injunction can stop sales while the case continues.
What clients in Portugal should know
- Goan law reserves part of the estate for close heirs, so a will made in Portugal or in Goa cannot freely disinherit a child.
- A partition deed is stamped and registered in India; signing it in Portugal requires the same notary and apostille route as a power of attorney.
- Rent and sale proceeds from your share go to your NRO account and can be remitted to Portugal after Form 15CA and 15CB.
Step by step from Portugal
Video consultation
A call at a time that suits Portugal, after we have read your documents.
Documents signed in Portugal
Notary, then apostille from the Procuradoria-Geral da Republica
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 Portugal where needed.
The full guide
This page covers what changes when you are in Portugal. 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 Portugal and the NRI Property Law practice area.
Questions from clients in Portugal
Is a Portuguese court able to divide my Goan property?
No. Immovable property in India is decided by Indian courts or under Indian procedure. A Portuguese court can rule on assets in Portugal, but Goan land is divided in Goa.
My cousin in Goa says the inventory was finished years ago. What now?
We obtain certified copies of the inventory record. If you were not properly represented or notified as an heir, there may be grounds to challenge or reopen it, subject to limitation.
Can we settle without a court case?
Yes, and it is usually faster. A registered family settlement or partition deed, signed in India by your attorney holder or by you in Portugal, divides the property with certainty.