Father missing for 9 years. Can we sell his property?


My father, without our knowledge, made a sale deed with a financer for Rs. 10 lakhs ( now property worth around 1 crores) and he fled since then and there are no whereabouts of him. After few years, we got our original property documents back. Now my mother wants to sell the property to pay off his debts. May I know how she can sell in my father's absence since it's been 9 years already. Is my mother eligible to sell? What's the legal solution?

Answers (1)


395 votes
Have you filed a missing complaint with local police police station?

As per the Section 108 of the Indian Evidence Act, a person is presumed to be dead if he is not heard (of being) alive for more than 7 years. You can file declaration suit for his death. The supportive documents will be FIR Copy, affidavit of the plaintiff.


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