Property valuation
for financial proceedings abroad.

Our role, and the role of the valuer

Property valuation is not a legal service. It is a technical exercise that requires valuation expertise, an inspection of the property, local market enquiries, and an assessment of the relevant revenue records. It is a task that must be carried out by a qualified, independent valuer exercising his or her own professional judgment and due diligence.

The role of Kavao Law in this arrangement is:

• To act as the single point of instruction and coordination between foreign counsel or a foreign law firm and the independent valuer.
• To brief the valuer on exactly what the foreign court or the foreign counsel requires — the questions to be answered, the format of the report, and any specific instructions they have given.
• To oversee the process so that the report is delivered on time and in the form expected.
• To review the valuation report for internal consistency and completeness before it is transmitted to the foreign counsel.
• To prepare an optional supporting legal report — only where the foreign counsel or foreign firm specifically requests it — setting out the ownership position, encumbrances (as recorded in the revenue records), and any other legal aspects that assist the foreign court's understanding.

The valuer acts independently. The valuation is his or her professional opinion, prepared with all care and due diligence, and is not influenced by Kavao Law or by the parties. Kavao Law does not itself value property and does not hold itself out as doing so.

Why overseas assets matter in a divorce settlement

In most common-law jurisdictions — including England & Wales, Canada, Australia, and several US states — a court making a financial order on divorce is required to take into account the parties' worldwide assets. Indian property held by either spouse is not exempt from that exercise merely because it sits abroad.

Two practical obstacles commonly arise:

• Enforcement. Foreign courts cannot directly order the transfer of Indian land. Any order affecting the property must ultimately be given effect in India through separate proceedings.
• Valuation and evidence. A foreign court cannot assess the value of Indian property without reliable evidence of ownership, description, extent, share, and current market value. That evidence must be gathered and certified in India.

Both obstacles are best addressed early — before positions are fixed and before the foreign court sets a timetable.

What the independent valuer does

Once instructed by us, the valuer — acting independently and with all care and due diligence — typically carries out the following:

• Procures the property documents from the relevant revenue department — including the Jamabandi and Fard, and any other records that establish the ownership position as officially recorded.
• Makes site visits to the property, and carries out the necessary inspection at the site, the village, or the surrounding area.
• Conducts local enquiries — with nearby property dealers, real-estate agents, and businesses dealing in the sale and purchase of land in the locality — to ascertain the prevailing market value of comparable properties.
• Assesses the physical and locational attributes of the property — its feasibility, the amenities available, its access, and its development potential.
• Reviews the Jamabandi and Fard to ascertain whether any encumbrance, mortgage, charge, or other restriction on the property is recorded in the revenue records.
• Prepares the property valuation report — with a full description of the property, the recorded ownership, the share held, the current market value, and the basis on which that value has been arrived at.

The supporting legal report (where requested)

Where the foreign counsel or foreign law firm specifically asks for it, Kavao Law prepares a separate supporting legal report to be annexed to the valuation report. This legal report deals only with the legal aspects of the matter, and is prepared on the basis of the revenue records and other documents procured by the valuer. It typically covers:

• The recorded ownership position of the property.
• The share held by the spouse in question, and the nature of that holding.
• Any encumbrances or restrictions recorded in the Jamabandi or Fard.
• Any other legal aspects that the foreign court or the foreign counsel has specifically asked us to address.

The supporting legal report is optional. It is prepared only where instructed, and only in addition to — never in place of — the independent valuer's report.

Types of property covered

• Residential houses and apartments.
• Commercial premises and shops.
• Agricultural land and farm holdings.
• Industrial plots and warehouses.
• Vacant land and development sites.
• Property held jointly, as co-owners, or through a partnership or company.

The process, end to end

1. Instruction. A foreign counsel, foreign law firm, or the client directly, instructs Kavao Law. We confirm the scope of what is required — a bare valuation report, or a valuation report with a supporting legal report annexed.
2. Brief to the valuer. We brief the independent associate valuer on the property to be valued and the specific questions the foreign court or the foreign counsel has raised.
3. Document procurement. The valuer procures the Jamabandi, Fard, and other relevant documents from the revenue department.
4. Site visit and enquiries. The valuer carries out the site visit, inspects the property, makes local enquiries with dealers and businesses in the area, and assesses feasibility, amenities, and any recorded encumbrance.
5. Valuation report. The valuer prepares the property valuation report in his or her own name and on his or her own professional opinion, clearly stating the date of valuation and the basis of the value.
6. Optional supporting legal report. Where requested by the foreign counsel, Kavao Law prepares the supporting legal report and annexes it to the valuation report.
7. Delivery to the foreign counsel. The complete package — valuation report, supporting legal report (if any), and the underlying documents — is delivered to the instructing foreign counsel or firm in the form they have requested.
8. Follow-up. We remain available to answer follow-up questions from the foreign counsel, and to coordinate any further documentation that the foreign court may require.

Working with foreign counsel and law firms

Most of our work in this area is done alongside foreign counsel — solicitors in England & Wales, family lawyers in Canada or Australia, or attorneys in the US. Foreign lawyers and law firms instruct us directly; we in turn instruct the independent valuer on their behalf and coordinate the entire process from India.

We are accustomed to working to the timetable and disclosure requirements of foreign courts, and to delivering the final package in the form that foreign counsel expects.

How to instruct us

If you are a foreign counsel, a foreign law firm, or a client with a matter in a foreign divorce or financial proceeding, write to us with the following:

• The jurisdiction in which the proceeding is on foot, and the timetable.
• What you already know about the property — location, approximate extent, the name in which it is held, and any documents you have.
• Whether you require only a valuation report, or a valuation report with a supporting legal report annexed.
• Any specific format or content requirements the foreign court or the parties' advisers have stipulated.

We will reply within one to three business day with a clear view of what can be verified, what the process will involve, and the time frame.

Note: The valuation itself is carried out by an independent associate valuer, exercising his or her own professional judgment and due diligence. Kavao Law does not value property and does not provide valuation services. The information on this page is provided for general understanding only, and whether and how an overseas asset is taken into account in a divorce settlement depends on the law of the jurisdiction where the divorce is being decided.