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Husband left home 10 years back and claim on property
18-Dec-2023 (In Property Law)
My husband left home more than 10 years back and there is no any hereabout since then. The property is jointly owned by me and my husband. How can i be sole owner of flat now. I don't want to file any police complain.
You can file civil application for getting declaration of civil death of your husband from civil court.Therefore you may file missing complaint in concern police station.more than 7 years of time is sufficient time for getting declaration from civil court.
Helpful?
Adv. Sandeep Shamrao Pingale
Mumbai | 400+ Answers
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where is this property located ?
also whether their are any other legal heirs of your husband ?
when he left home 10 years back then you and the family must have made police Complaint.
We will help you to become Sole Owner of the flat now.
kindly book appointment.
also whether their are any other legal heirs of your husband ?
when he left home 10 years back then you and the family must have made police Complaint.
We will help you to become Sole Owner of the flat now.
kindly book appointment.
Helpful?
Adv. Namitabh Kothari
Mumbai | 400+ Answers
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This is my response to you:
1. You will have to file a police complaint stating that he is no more and he should be declared dead. Since if he is missing for more than 7 years then he is presumed to be dead;
2. Once you obtain death certificate then you can approach court and obtain letters of administration;
3. Otherwise you will always have half share in property, never the whole claim;
4. You can sell the property and give advertisement in newspaper to invite claim;
5. You can otherwise approach the court and file a suit for declaration so that you become the whole owner of the flat and the court may pass such an order;
6. Consult a local lawyer and take steps.
1. You will have to file a police complaint stating that he is no more and he should be declared dead. Since if he is missing for more than 7 years then he is presumed to be dead;
2. Once you obtain death certificate then you can approach court and obtain letters of administration;
3. Otherwise you will always have half share in property, never the whole claim;
4. You can sell the property and give advertisement in newspaper to invite claim;
5. You can otherwise approach the court and file a suit for declaration so that you become the whole owner of the flat and the court may pass such an order;
6. Consult a local lawyer and take steps.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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