A co-owner living in Kuwait can seek partition of ancestral or jointly owned property in India through a registered family settlement or a partition suit. You participate through a power of attorney attested in Kuwait by the Ministry of Justice, Ministry of Foreign Affairs and Embassy of India. If agreement is impossible, the civil court fixes each share and divides the land or orders its sale.
- Document route
- Kuwaiti Ministry of Justice notarisation, Kuwait Ministry of Foreign Affairs attestation, then Embassy of India attestation
- Time difference
- IST is 2h30 ahead of Kuwait 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 Kuwait: how it works
Shares are worked out under the law that applies to your family. Hindu daughters are equal coparceners after the 2005 amendment, as confirmed in Vineeta Sharma (2020); Christian families in Kerala follow the Indian Succession Act; Muslim families follow Islamic rules of inheritance; and Goan families follow the Goa Civil Code. Video calls then bring relatives in Kuwait, the wider Gulf and India together to look for a settlement, which is cheaper and quicker than a suit.
Where talks fail, we file a partition suit in the court of the place where the property lies and ask for an injunction preventing any co-owner from selling or building meanwhile. The court first declares shares by a preliminary decree, may send a commissioner to propose a fair division, and then passes a final decree. Where the property cannot be split without loss, the court can order a sale and divide the price.
What clients in Kuwait should know
- Years of work in Kuwait do not shrink your share; one co-owner's possession counts for all unless ouster is proved.
- A family settlement deed can be signed in Kuwait and registered in India through your attorney holder.
- Money received from a partition sale is taxed in India; Kuwait does not tax it.
Step by step from Kuwait
Video consultation
A call at a time that suits Kuwait, after we have read your documents.
Documents signed in Kuwait
Kuwaiti Ministry of Justice notarisation, Kuwait Ministry of Foreign Affairs attestation, then Embassy of India 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 Kuwait where needed.
The full guide
This page covers what changes when you are in Kuwait. 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 Kuwait and the NRI Property Law practice area.
Questions from clients in Kuwait
What if my brother refuses to sign the settlement?
His refusal does not block you; any co-owner may sue for partition, and the court then fixes everyone's share, including his.
Can I take money instead of land?
Yes, by agreement or through a court-ordered sale.
How long does a partition suit take?
Contested suits often take several years, though settlement after the preliminary decree is common.