A co-owner in Germany can seek partition of ancestral or jointly owned property in India by a registered family settlement or by a partition suit. You participate through a power of attorney legalised in Germany by notarisation, pre-certification and Indian mission attestation. If agreement fails, the Indian civil court declares each share and divides the property or orders it sold.
- Document route
- German notary, pre-certification, then 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 Germany: how it works
Shares are worked out under the applicable law. Hindu daughters are equal coparceners after the 2005 amendment, confirmed by the Supreme Court in Vineeta Sharma (2020); Christian, Muslim and Parsi families follow their own succession rules. We then explore a family settlement over video calls with relatives in Germany, India and elsewhere, sharing drafts by email until there is agreement.
If settlement fails, we file a partition suit in the court where the property lies and seek an injunction against any sale or construction. The court passes a preliminary decree declaring shares, may appoint a commissioner to propose a division, and then a final decree. Property that cannot be divided fairly can be sold under the Partition Act and the proceeds shared. Updates reach you after each hearing, and dates needing you are fixed around your German holidays where possible.
What clients in Germany should know
- Years in Germany do not reduce your share; a co-owner in possession holds on behalf of all unless ouster is proved.
- A partition sale gives rise to capital gains in India, and German reporting rules may also apply.
- Agricultural land inherited by a German citizen with an OCI card may be kept but sold only to an Indian citizen resident in India.
Step by step from Germany
Video consultation
A call at a time that suits Germany, after we have read your documents.
Documents signed in Germany
German notary, pre-certification, then 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 Germany where needed.
The full guide
This page covers what changes when you are in Germany. 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 Germany and the NRI Property Law practice area.
Questions from clients in Germany
What if a relative refuses to divide?
Any co-owner may file a partition suit, and the court's decree binds everyone.
Can I take money instead of land?
Yes, by agreement or court-ordered sale.
How long does a partition suit take?
Contested suits can take several years, though many settle after shares are declared.