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How to sell a property if the legal heir is missing
31-Aug-2023 (In Property Law)
My brother is missing from 1993 and do not have any contac with him till now..we searched through our relatives at that time and couldn't find him.. at that time his age was 30 yrs. We didn't file any complaint with police. We have properties where he is coming as legal heir.. we want to sell our property .pls advice how to go about this.
Please take necessary steps for declaring him as civil dead and proceed . If he is missing when you lodged the complaint with the police is very important and from that period after seven years he can be declared as civil dead .
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Adv. G. Asok
Chennai | 200+ Answers
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Have you given a paper publication for missing brother anytime before?. You have to lodge a complaint with the police. It is necessary for you/your family members to show to this world with proof in hand that you have made a search on your brother's whereabouts. As per law a person missing for a considerable period of time is presumed to be dead. In your case you need to take the court permission for selling the properties. The court may order to deposit the proportionate share of the money towards the missing person for a considerable period of time from the date of filing missing report as defined under the law.
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Adv. GP Vijay
Chennai | 200+ Answers
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He is presumed dead under sec. 108 of the Indian Evidence Act. Based on the same, you can deal with the property. There are many precedents to such cases. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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