My GrandFather has been gone missing during train journey
07-Aug-2023 (In Property Law)
My grandfather and my parents were traveling from our village Gonda to Ahmedabad. He boarded Sabarmati Exp. on 15/05/18 and had dinner together around 10 pm, while the train was reaching Ratlam Jn and slept on their allotted seats. My father woke up around 2 am, while the train was reaching Vadodara, and noticed that my grandfather was not in his seat. nSince my father & grandfather slept after Ratlam Jn, the train crossed three stations - Meghnagar, Dahod & Godhara. I visited all three stations inquiring if he missed the train or if any accident happened. Godhra station's CCTV confirmed that while our train left the station around 1 am, my grandfather was still there at the station. So finally, the Railway Police filed a "missing report". It's been over 5 years & there is no clue what happened to my grandfatherMy grandfather owned farming land where my uncle is currently farming. Please advise, how my father & uncle shold claim the inheritance land and house, equally.
Sir, according to Section 108 of the Evidence Act, a person who remains missing and has not been heard of by persons who would have usually heard of him for seven years is presumed to be dead for all legal purposes. Till then there is not much you can do. I advice you carry on with the family understanding as it is for past 5 years for another 2 years. after completion of 7 years you'll have to seek declaration by the district court of his death and only after getting a decree of declaration from the court you can apply for death certificate. only after receiving the death certificate the process for tranfer of agricultural property between your father and uncle can take place.
this is a general advice based on the facts you have stated above the question.
regards
this is a general advice based on the facts you have stated above the question.
regards
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