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Legal procedure to sell property as whereabouts of one heir unknown


05-Jan-2023 (In Property Law)

Our house in my mother's name and she want to sell it & give off the shares to daughters & sons. But unfortunately one of my brothers in not with us in the family & we don't know where he is and whether dead or alive. We need a legal procedure to proceed and sell of the property. Please advise on the same.

Answers (1)

Answer #1
843 votes
Have you registered a missing complaint against this brother, how long ago has he been missing, if it is more than 7 years, legally he is presumed to be dead. You will need to take an order from court to this effect, and thereafter your mother can proceed to sell the property and distribute the shares to the other children.

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