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My father, without our knowledge, made a sale deed with a financer for Rs. 10 lakhs ( now property w
01-May-2023 (In Property Law)
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?
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.
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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Adv. Siddhant Sharma
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How can I get my lost death certificate in India?
LOST DEATH CERTIFICAT
Visit your local registry office and fill out the form in this section. You will need to provide proof of address for the deceased. If the local registrars office does not have any records. With the affidavit from this section, visit the magistrate.
How do you get a death certificate when someone dies at home in India?
Fill out the prescribed form by the Registrar to register the death with the local authorities concerned within 21 days after its occurrence. After proper verification, a Death Certificate will be issued.
Is a missing person presumed to be dead only after insurance?
According to section 108, the Indian Evidence Act allows death presumptions only seven years after the filing of the missing First Information Report. As a family member, you must wait seven years to file a claim on the term insurance policy of a missing individual.
How do I find a death certificate for a missing person?
Legal heirs can claim Death Certificates for missing persons. Those requesting Death Certificates will need to provide the evidence of their legal heirship. According to Section 108, the Indian Evidence Act of 1872, a person who has been missing for more than seven years will be presumed dead.
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