A UAE-based co-owner can seek partition of ancestral or joint property in India by a registered family settlement or by a partition suit. You take part through a power of attorney attested in the UAE through the notary, Ministry of Foreign Affairs and Indian mission. If agreement fails, the civil court declares each share and divides the property or orders a sale.
- Document route
- UAE notary, MOFA attestation, then Indian Embassy or Consulate attestation
- Time difference
- IST is 1h30 ahead of UAE time all year (no daylight saving)
- Main law
- Hindu Succession Act 1956, section 6
- Daughters
- Coparceners by birth (2005 amendment)
Partition of Family Property from the UAE: how it works
We first calculate shares under the Hindu Succession Act or the applicable personal law. Daughters have equal coparcenary rights since 2005, confirmed by the Supreme Court in Vineeta Sharma (2020), and Muslim and Christian families follow their own succession rules, which we explain clearly. Settlement is explored first, with video calls bringing together relatives in the UAE, India and elsewhere, and drafts shared by email for comment.
If settlement fails, we file a partition suit in the court where the property lies and seek an injunction so that nobody sells or builds in the meantime. The court passes a preliminary decree declaring shares, may appoint a commissioner to propose a fair division, and then a final decree. Where the property cannot be divided without loss, the court may order a sale and divide the money. You can follow each step from the UAE and attend only if evidence requires it.
What clients in the UAE should know
- Working in the UAE for many years does not reduce your share; a co-owner in possession holds on behalf of all unless ouster is proved.
- If you receive money from a partition sale, Indian capital gains tax applies, but there is no corresponding income tax in the UAE.
- A memorandum recording an earlier oral partition may not need full stamp duty, which can save money if the family has already divided informally.
Step by step from the UAE
Video consultation
A call at a time that suits the UAE, after we have read your documents.
Documents signed in the UAE
UAE notary, MOFA attestation, then Indian Embassy or Consulate 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 the UAE where needed.
The full guide
This page covers what changes when you are in the UAE. 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 the UAE and the NRI Property Law practice area.
Questions from clients in the UAE
Can my brothers in Dubai and I sign one settlement?
Yes. Signatures can be collected in the UAE and attested together, and the deed registered in India.
What if my sister refuses to settle?
The other co-owners can file a partition suit, and the court decides the shares.
How long does a partition suit take?
Often several years if contested, though many settle after shares are declared.