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Practical guidance6 min readDinesh D Bajaj

What to establish before you decide anything about family property in India

Most overseas owners are asked to make decisions before anyone has confirmed the basic facts. Here is the order of work that avoids that.

Families abroad are usually presented with a decision long before anyone has established the facts. A relative proposes a sale. A tenant offers to buy. A broker names a price. A cousin says the paperwork is "all in order".

Before any of that can be assessed, four things need to be confirmed on the ground.

**1. What physically exists.** Someone independent should stand on the property, photograph it, note the boundaries, note who is occupying it and note what has been built or altered since the last time the family saw it.

**2. What documents exist, and which are missing.** A parent tale sale deed, an encumbrance certificate, tax receipts, patta or khata records, approved plans and any prior settlement or will. The missing items matter more than the present ones.

**3. Who the stakeholders actually are.** Not who the family assumes they are. Co-owners, legal heirs, occupants, tenants, caretakers and anyone with a claim, recorded or asserted.

**4. What each party actually wants.** Stated positions and real interests are rarely identical, and settlements are built on the second.

Only once these four are documented can the real question be asked: negotiate, sell, retain, divide, develop or take formal legal action. Deciding earlier than this is guessing with a large asset.

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