quesHow to transfer property of father? He is missing for 20 years now.

I stay I pune I need some guidance for property transfer. My father is missing from last 15 years.and property is in name of my father.we have not given missing complaint because we were school kids and mother is illiterate.but when i was age of 20 decided to give complaint but police not supported for this statement as it was 10 year late.but now I m married and I need to take future step I m completely blocked so pls guide....

  • ansStating the fact you can send the complaint to the concerned Police station by Speed Post or registered A,D, Further you can also seek declaration from the Court in respect of missing of your father since last 15 years. Once you get the declaration from the court you can bring the name of all the legal heirs on the property card i.e. revenue record

    Advocate Riyaz Khan

      Surendra Nagar, Nagpur

  • ansIn India civil court can grant a declaration to the effect that a person is presumed dead if he is no proof that he was heard of being alive during last 7 years. It can be termed as being declared dead in absentia or legal presumption of death.

    Hope this serves your purpose.

    You can check section 107 n 108 of Indian Evidence Act for the legal basis for such declaration, if need be.

    Advocate Prasad Arvind Abhyankar

      Amravati Road, Nagpur

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