Key takeaway
Living abroad does not take away your share in family property. Find out whether the property is truly ancestral, collect the records, stop any unauthorised sale, and choose between a family settlement and a partition suit.
Is the property really “ancestral”?
For Hindus, ancestral or coparcenary property generally means property inherited through the male line that has remained undivided. Property a person inherits from their father under Section 8 of the Hindu Succession Act, 1956 is usually treated as that person’s separate property, not ancestral property, unless it was already joint family property. This distinction decides who has a share.
Daughters have equal rights
Since the 2005 amendment to Section 6 of the Hindu Succession Act, daughters are coparceners by birth with the same rights as sons. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that this applies whether or not the father was alive on the date of the amendment.
Common disputes
- A relative in possession refuses to share or account for income.
- Part of the property has been sold without your consent.
- Records show only one branch of the family.
- Disagreement about whether the property is ancestral or self-acquired.
Steps from abroad
- Collect title deeds, revenue records, family tree and death certificates.
- Check whether any sale, gift or partition deed has been registered.
- Send a legal notice asserting your share and objecting to any sale.
- Explore a family settlement — often quicker and cheaper.
- If needed, file a partition suit with an application to stop sale or alteration.
Time limits
A co-owner’s right to partition generally continues while joint ownership continues. But if you have been excluded from the property and know of it, a suit must generally be filed within 12 years of the exclusion becoming known (Article 110, Limitation Act). Challenges to documents such as sale deeds have shorter periods.
Handling it while abroad
- A specific power of attorney lets a trusted person act locally.
- Vakalatnama and affidavits can be signed abroad.
- Many courts allow evidence by video.
Frequently asked questions
Can a brother sell ancestral property without my consent?
He can generally deal only with his own share; you can challenge a sale that affects yours.
Do NRIs lose rights by not living there?
No, but long exclusion can create limitation problems — act promptly.
Can I inherit agricultural land as an NRI?
Yes, inheritance is permitted under FEMA.
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References
- Hindu Succession Act, 1956 — Sections 6 and 8
- Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1
- Limitation Act, 1963 — Article 110
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
