A co-owner in Saudi Arabia can seek partition of ancestral or jointly owned property in India by a registered family settlement or by a partition suit. You take part through a power of attorney signed before a Saudi notary with an apostille, or at the Indian mission. Failing agreement, an Indian civil court fixes every co-owner's share and then splits the land or directs its sale.
- Document route
- Saudi notary (including Najiz e-notarisation), then apostille from the Saudi Ministry of Foreign Affairs, or signing at the Indian mission
- Time difference
- IST is 2h30 ahead of Saudi 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 Saudi Arabia: how it works
We work out shares under the applicable law. For Hindu families, daughters have equal coparcenary rights since the 2005 amendment, as confirmed in Vineeta Sharma (2020); for Muslim families, shares follow Islamic inheritance rules; Christian and Parsi families follow the Indian Succession Act. Video calls bring together relatives in the Kingdom, other Gulf countries and India to explore a settlement, which is the cheapest and quickest outcome.
If settlement fails, we file a partition suit where the property lies and seek an injunction against any sale or construction meanwhile. The court passes a preliminary decree declaring shares, may appoint a commissioner to propose a fair division, and then passes a final decree. Where the property cannot be divided without loss, it can be sold and the proceeds divided under the Partition Act. We send you a short written update after every hearing, and we try to fix the dates that need your presence during your annual leave from the Kingdom.
What clients in Saudi Arabia should know
- Working abroad for decades does not reduce your share; a co-owner in possession holds for all unless ouster is proved.
- A settlement deed signed in Saudi Arabia can be registered in India through your attorney holder.
- Money received from a partition sale is taxed in India; there is no personal income tax on it in Saudi Arabia.
Step by step from Saudi Arabia
Video consultation
A call at a time that suits Saudi Arabia, after we have read your documents.
Documents signed in Saudi Arabia
Saudi notary (including Najiz e-notarisation), then apostille from the Saudi Ministry of Foreign Affairs, or signing at the Indian mission
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 Saudi Arabia where needed.
The full guide
This page covers what changes when you are in Saudi Arabia. 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 Saudi Arabia and the NRI Property Law practice area.
Questions from clients in Saudi Arabia
What if one brother refuses to divide?
The others can file a partition suit, and the court decides the shares.
Can I take my share as money?
Yes, by agreement or through a court-ordered sale.
How long does a partition suit take?
Several years if contested, though many cases settle after the preliminary decree.