The Law Office of Akash Kashyap, Esq.

 Akash Kashyap

 9 Years Exp

 Partition of Land And Property (Show More)

 North East Delhi , Carterpuri

 View Answers by this Partner (1)

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Partition of Land and Property

Ancestral Property, even when being guided by the Inheritance laws of the land, can pose problems if it makes you the co-owner with some other relative. Things related to property ownership get more complicated if an overseas citizen happens to find himself in dispute with the person who currently has possession of the property - most likely somebody who would prefer if he could get the authority to control, manage or even sell the relevant share in the land.

WHERE DOES THE HELPLESS NRI GO FROM HERE THEN?
WHO GIVES HIM SUBSTANTIAL, TRUSTWORTHY, DETAILED PROPERTY INFORMATION?
WHAT PROCESS DOES HE FOLLOW?
WHO WILL ANSWER HIS SIMPLE QUERIES?
QUITE SIMPLY, WHAT EXACTLY DOES HE DO?

In situations like these, filing of a Partition Suit is the best legal remedy available for an NRI or overseas citizen. Partition of the joint land/property is a mandatory step for effective management and control of the property in India. This could be ancestral land, a house or a commercial establishment that has been co-inherited along with siblings and other co-owners. In all cases, joint ownership of property would put an individual in a vulnerable position.

It is indeed possible to file and be suitably represented in a partition suit with the help of a legal representative even without being actually present in India. We, at Propertified, offer our clients this service. Our experience, both in years and number of clients, puts us in an undeniably advanced position to facilitate such procedures for all our patrons.

Ancestral Property, even when being guided by the Inheritance laws of the land, can pose problems if it makes an individual the co-owner with some other relative. Things related to property ownership get more complicated if an overseas citizen happens to find himself in dispute with the person who currently has possession of the property - most likely somebody who would prefer to get the authority to control, manage or even sell the relevant share in the land. For NRIs this kind of a situation can become worse since they are not able to monitor or check into land related issues on a regular basis. They are helpless because of the distance and unfamiliarity with the legal processes. Moreover, it is not always easy to get substantial, trustworthy, detailed property information and decided which course of action is necessary to follow. Sometimes their simple queries go unanswered and they are left clueless about the magnitude or nature of the problem.

In situations like these, filing of a Partition Suit is the best legal remedy available for an NRI or overseas citizen. Partition of the joint land/property is a mandatory step for effective management and control of the property in India. This could be ancestral land, a house or a commercial establishment that has been co-inherited along with siblings and other co-owners. In all cases, joint ownership of property would put an individual in a vulnerable position.

It is indeed possible to file and be suitably represented in a partition suit with the help of a legal representative even without being actually present in India. We, at Propertified, offer our clients this service. Our experience, both in years and number of clients, puts us in an undeniably advanced position to facilitate such procedures for all our patrons.


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Name : Akash Kashyap

Law Firm Name : The Law Office of Akash Kashyap, Esq.

Country : India

City : North East Delhi

State : DELHI

Practicing Since: 2016

About Your Firm : Akash Kashyap is an American trained and American qualified attorney practicing in New Delhi. He has a Juris Doctor from Brooklyn Law School, and is a member of the Bar Council of Delhi and New York State Bar in good standing. Akash Kashyap also has a M.Sc. in Management & Marketing from Lancaster University, and a B.Sc. degree in Applied Sciences from the University of Delhi. Through his career, Akash Kashyap has developed a wealth of experience in cross-border transactions, real estate transactions, intellectual property rights management, immigration law, trusts and estates, and civil litigation in the state of New York. He provides counselling and support on US law and back end support for litigation in the State of New York. His practice also includes general immigration law, intellectual property protection and management, media and entertainment law, cross-border investments, international estate planning, cross-border real estate management and transactions, and international mergers and acquisitions.

Manpower/Employee Details

Sr Employee Associated Sr Employee Enrollment/Reg.No Sr Employee Enrollment/Reg.State
Akash Kashyap D/6879/2017
Jr Employee Associated Jr Employee Enrollment/Reg.No Jr Employee Enrollment/Reg.State

 

  Agreements/Deeds(Bulk) ( Agreement of Sale )
  Agreements/Deeds(Bulk) ( Agreement of Sale with GPA & Possession )
  Agreements/Deeds(Bulk) ( Agreement for land sourcing )
  Legal Opinion/Title Certification ( Apartment/Builder Floor )
  Agreements/Deeds(Bulk) ( Construction Agreement )
  Legal Opinion/Title Certification ( Residential Layout )
  Agreements/Deeds(Bulk) ( Sale Deed )
  Legal Opinion/Title Certification ( Villa Project )
  Forming Owners Associations/Societies ( Apartments )
  Legal Opinion/Title Certification ( Commercial complex )
  Forming Owners Associations/Societies ( Layouts )
  Power of Attorneys ( Drafting General Power of Attorney )
  Power of Attorneys ( Drafting Special Power of Attorney )
  Agreements/Deeds(Bulk) ( Memorandum of Understanding )
  Agreements/Deeds(Bulk) ( Joint Development Agreement )

 Legal & Drafting

  Power of Attorneys ( Revoke/cancel Power of Attorney )
  Affidavits ( General Affidavits )
  Agreements/Deeds ( Exchange Deed )
  Lease/Rental Agreements ( Room Rental Agreement )
  Legal Opinion (Written) ( Villas )
  Affidavits ( Other Affidavits )
  Wills ( Make A will )
  Agreements/Deeds ( Release Deed )
  Lease/Rental Agreements ( Office Sharing Agreement )
  Legal Opinion (Written) ( Independent House )
  Agreements/Deeds ( Agreement of Sale )
  Wills ( Make A Codicil )
  Agreements/Deeds ( Partition Deed )
  Lease/Rental Agreements ( Car Parking Agreement )
  Legal Opinion (Written) ( Agriculture Land )
  Agreements/Deeds ( Construction Agreement )
  Agreements/Deeds ( Memorandum of Understanding )
  Lease/Rental Agreements ( Settlement Of Rental Agreement )
  Legal Opinion (Written) ( Commercial Property )
  Agreements/Deeds ( Sale deed )
  Agreements/Deeds ( Joint Development Agreement )
  Lease/Rental Agreements ( Paying Guest Agreement )
  Legal Opinion (Written) ( Revenue/Other Site )
  Agreements/Deeds ( Gift Deed )
  Lease/Rental Agreements ( Apartment Rental Agreement )
  Lease/Rental Agreements ( Leave And Licence )
  Affidavits ( Name & Address Affidavits )
  Agreements/Deeds ( Sale Agreement/Deed Review )
  Lease/Rental Agreements ( House Rental agreement )
  Lease/Rental Agreements ( NOC From Landlord )
  Affidavits ( Personal Affidavits )
  Agreements/Deeds ( Construction Agreement Review )
  Lease/Rental Agreements ( Commercial Office Rental Agreement )
  Lease/Rental Agreements ( Other Lease/Rental Agreements )
  Affidavits ( Student Affidavits )
  Agreements/Deeds ( Rectification Deed )
  Lease/Rental Agreements ( Commercial Shop Rental Agreement )
  Power of Attorneys ( General Power of Attorney )
  Affidavits ( Passport Affidavits )
  Agreements/Deeds ( Relinquishment deed )
  Lease/Rental Agreements ( Commercial Lease Agreement )
  Legal Opinion (Written) ( Plots )
  Power of Attorneys ( Special Power of Attorney )
  Affidavits ( Gas Affidavits )
  Agreements/Deeds ( Mortgage Deed )
  Lease/Rental Agreements ( Residential Lease Agreement )
  Legal Opinion (Written) ( Apartment )

 NRI Services

  Succession Certificate ( Succession Certificate )
  Power of Attorneys for NRIs ( General Power of Attorney by NRI )
  Power of Attorneys for NRIs ( Special Power of Attorney by NRI )
  Propert Transfer ( Land and Property Transfer )
  Property Partition ( Partition of Land And Property )
  Landlord Tenant Disputes ( Landlord Tenant Disputes )
  Property Disputes ( Illegal Sale of Land And Property )
  Property Disputes ( Illegal Transfer of Land And Property )
  Property Disputes ( Illegal occupation of Land and Property )
  Buying Selling of Property in India ( Buying/Selling of Property in India )
  Investment/Realestate Claims ( Investment/Realestate Claims )

Subject :  Drafting a Will
Question :  Can i specify an under construction property in the Will? The property will be delivered only after a year. But i want to register the Will now by bequeathing my properties to my son. Is that possible?

Answer by The Law Office of Akash Kashyap, Esq. :  You can absolutely do so. You may will any interests in any property you possess to your son. The sale agreement constitutes such an interest - and you may leave it to your son. If the will goes into effect before delivery, then your son will stand in your shoes and be entitled to the delivery of the property at that point of time.