One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, an NRI residing in Country A, approached me regarding a complex property dispute with his ex-wife Mr.Y in City B. The couple had jointly purchased a residential apartment during their marriage, with both names on the registry documents. After their divorce in DD/MM/YYYY, Mr.Y continued residing in the property and refused to cooperate in the sale or transfer proceedings. Mr.X, being overseas, faced significant challenges in pursuing legal remedies. Mr.Y had changed the property locks and was claiming exclusive ownership rights despite the joint registration. The property was purchased for Rs. 80 lakhs, and its current market value had appreciated to Rs. 1.5 crores. Mr.X wanted to either sell his share or force a partition of the jointly owned property. The case involved complex issues of joint ownership, matrimonial property rights, and NRI legal procedures in Indian courts.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Appoint a local power of attorney holder to represent your interests in India
• Maintain all original property documents and financial transaction records
• Consider mediation before filing civil suit to avoid lengthy court proceedings
• Ensure your legal status in India is properly documented for court appearances

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), several provisions apply to joint property disputes. Section 318 of BNS deals with criminal breach of trust when one party misappropriates jointly owned property. The Transfer of Property Act, 1882 governs joint ownership rights and partition procedures. Section 44 of the Indian Partnership Act applies to joint ownership dissolution. Civil courts have jurisdiction under Order XXI of the Code of Civil Procedure for partition suits. The Foreign Exchange Management Act (FEMA) regulations apply to NRI property transactions and legal proceedings in Indian courts.

If You Are the Complainant

• File a partition suit in the civil court having jurisdiction over the property location
• Apply for appointment of a court commissioner to assess the property value
• Seek interim injunction to prevent alienation or damage to the property
• Maintain detailed records of all property-related expenses and improvements
• Consider filing for mesne profits if the other party has been enjoying exclusive possession

If You Are the Victim

• Gather all documentary evidence proving your contribution to the property purchase
• Maintain records of your residence and possession of the property
• File a counter-claim if the other party initiates legal proceedings
• Seek protection under domestic violence laws if applicable
• Document any improvements or expenses incurred for property maintenance

How the Police Behave in Such Cases

Police typically treat joint property disputes as civil matters rather than criminal cases unless there are elements of fraud, criminal breach of trust, or domestic violence. They may register complaints under sections related to trespass or criminal intimidation if one party forcibly prevents the other’s access. However, police generally advise parties to approach civil courts for resolution. In cases involving NRIs, police may be more cooperative due to potential international implications and diplomatic considerations.

FAQs People Normally Have

• Can an NRI file property cases in Indian courts? Yes, NRIs can file cases through power of attorney holders or personal appearance
• How long do partition suits take? Typically 2-5 years depending on case complexity and court workload
• Can one joint owner sell the property alone? No, consent of all joint owners is required for sale
• What happens if the ex-spouse refuses to cooperate? Court can order partition by sale and distribute proceeds proportionally

What Evidence Is Required?

• Original sale deed and registered documents showing joint ownership
• Bank statements and payment receipts for property purchase
• Home loan documents and repayment records
• Property tax receipts and maintenance bills
• Marriage certificate and divorce decree
• Photographs and videos of the property
• Witness statements from neighbors or relatives

How Long Will the Investigation Take?

Property partition cases in civil courts typically take 2-5 years for final resolution. Initial hearings begin within 2-3 months of filing. Court commissioner’s property valuation takes 3-6 months. If parties agree to mediation, resolution can occur within 6-12 months. Appeals to higher courts may extend the timeline by additional 1-2 years. NRI cases may face slight delays due to procedural requirements for overseas parties.

Advocate Sudhir Rao, Supreme Court of India