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Mother wants to transfer share to her children but one son is missing


02-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 properly. Please advise on the same.

Answers (1)

Answer #1
399 votes

If whereabouts of your brother are not known for 7 years then it is presumed that he is death as per presumption of Law. Your mother being the owner and the property being self acquired she can sell even in the absence of your brother and can distribute the proceeds.

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