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Transfer of missing persons share


19-Jul-2023 (In Property Law)
Can a member's share missing from last 30years be transferred to other family members
Answers (3)

Answer #1
663 votes
There is a technicle problem in transferring share of missing person without courts order. Buyer may purchase it without court order as it is his sweet will. Legally, you got to have decree of declaration declaring such person dead. you have to file suit with civil judge of your local jurisdiction. collect all his details and documents and missing police report showing once he was alive and then disappeared.
Thanks

Answer #2
642 votes
Yes it can be transferred subject the other ownership documents available with you. One is required to file a petition before RCS in case of residential group housing society to get the needful done.

Rest upon looking at the documents. Feel free to contact for any further information, if any.
Answer #3
824 votes
If a person is missing & a report is lodged ..from
the date of report till 7 years if there is no news ..he will be declared dead n u have to first file case in the court for suit for declaration …only then his shares can be transferred…

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Comments by Users

Ashish salve
My father is missing since 5 years..and now he has land in his name..but his family has no heir to that land.and if highway passes through that land..what should be done to meet his family.

Reply by LawRato
In order to claim your father’s property as his legal heir, you may have to follow certain steps such as:
- File a missing person report with the police.
- Obtain a presumption of death certificate from a competent court after seven years of disappearance.
- Apply for a succession certificate from a competent court.
- Transfer the title and ownership of the property by registering it with the relevant authorities.

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