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Father's property to wife & children as not heard from him for 15 yrs
19-Feb-2023 (In Property Law)
sir, we have a house which is in the name of my father. my father went abroad and now there is no communication between us for around 15 years ( there is no proper evidence of living or death either). in my family there are four members me, my mother, elder brother, and a younger sister. my fathers mother and father were no more. please tell me the procedure for changing the property in the shared name of my mother, me my brother and my sister.
Firstly, you must complain in near your policestation.and apply for the legalheir certificate with police complaint, and with the evidence of your father gone to foreign.IF the Tehsildar deny,you can file a case in the magistrate within your jurisdiction for getting the no objection to get the legalheir certificate.After,you can transfer your father's property as your desire.
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Adv. Abarajithan R
Trichy | 25+ Answers
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You cannot legally presume your father is dead simply because there is no communication from him. Have you taken any steps to trace him? Have you filed an FIR or taken up the matter with Indian Embassy or High Commission?
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Your father left all of you and 15 years since passed. Therefore under law there is a presumption that he is no more. But since the property is in the name of your father, you cannot unilaterally effect change in all of your names. For that you need to go to the court by stating the facts that your father abandoned the family 15 years before and remained untraceable. The court after going through the submission finally grant your prayer and there after only armed with court order you can effect change.
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