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Missing brother who was declared dead his property put on auction
30-Jul-2023 (In Civil Law)
My brother's property was put on auction by the SAFEM court on 27/7/207. He went on missing from 1997 onward. We do not know about his whereabouts. Crime Branch had enquired about this case and they found that he is no more. My mother was looking after the SAFEM court case till she passed away on 2013. I had applied for the legal heir ship certificate 18/10/2016 at the Tahasildar's office, he forwarded the request to village officer. But village officer played a dirty game and whenever I went to know about the status he harassed me as I believe he was determined not give any certificate at any cost. He wanted police report instead. It took 8 months for him to finally give a report after I approached Tahsildar. I will get my succession certificate only on 4/8/2017. SAFEM court will take 30 days to permanently settle the property put on auction. I want to know if there is any option for me to do in 30 days within my end.
Facts, as stated, hides more than it reveals. Any how, it was your brother's property and his dues or obligations thereupon has priority over the rights of the legal heirs, even if he is no more. As such, the reason for hurry in getting the legal heir ship certificate is mysterious.
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Adv. P Venu
Vaikom | 500+ Answers
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