Under Muslim personal law there is no joint family property in the Hindu sense; each heir takes a fixed share on death, and co-heirs can seek partition by agreement or by suit. Heirs in Yemen or the Gulf can take part through a power of attorney. Foreign heirs can hold inherited shares, though selling and remitting needs care under FEMA.
- Document route
- Case by case: Indian Embassy for Yemen in Djibouti, or signing in India or a third country
- Time difference
- IST is 2h30 ahead of Yemen all year
- Main law
- Hindu Succession Act 1956, section 6
- Daughters
- Coparceners by birth (2005 amendment)
Partition of Family Property from Yemen: how it works
We prepare the family tree across generations and calculate each heir's share, then propose a partition or sale with distribution. A registered settlement deed avoids years of litigation.
If agreement is impossible, we file a partition suit for a preliminary decree on shares and a final decree dividing or selling the property.
Many Hadhrami families hold property as heirs of a common ancestor without ever having divided it; once the shares are calculated, a sale and distribution is often fairer and quicker than physical division.
We also advise on waqf issues where part of the property was dedicated for religious or charitable use.
What clients in Yemen should know
- Shares are fixed by personal law; agreement can only adjust them by consent.
- Get every heir's documents early.
- Plan how sale proceeds will reach heirs abroad.
Step by step from Yemen
Video consultation
A call at a time that suits Yemen, after we have read your documents.
Documents signed in Yemen
Case by case: Indian Embassy for Yemen in Djibouti, or signing in India or a third country
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 Yemen where needed.
The full guide
This page covers what changes when you are in Yemen. 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 Yemen and the NRI Property Law practice area.
Questions from clients in Yemen
How are shares calculated?
By Muslim personal law, with fixed fractions for each heir.
Can the court order the house to be sold?
Yes, where division is impractical.
Do heirs abroad need to travel?
Usually not.
What if part of the property is waqf?
Waqf property is governed by different rules and usually cannot be partitioned among heirs.