untraceable family member blocking property transaction

679 votes

File a partition suit after tracing efforts and public notice. Verify her status through official birth/death, electoral and municipal records. If untraceable, seek substituted service and court directions.

Advocate Ravindra Anjaneyulu LawRato

657 votes

You have a substantial legal remedy. Since your elder sister has not been heard of since 2019, the seven-year period has not yet expired as of now; therefore, you should not presume her death merely from prolonged absence. First, make a documented effort to trace her through police records/missing-person records, last known address, electoral/identity records and other available official sources. Once the statutory seven-year period is completed, Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 becomes directly relevant: where a person has not been heard of for seven years by those who would naturally have heard from her, the burden shifts to the person asserting that she is alive. For the property, you can consider a properly framed partition/declaration suit, impleading the missing sister and other necessary legal heirs. A mere public notice will not by itself extinguish her proprietary rights. The relief should be structured carefully so that the property can be dealt with lawfully without exposing the remaining family members to future title disputes. Important: Even after seven years, the law presumes death for the relevant purpose; it does not automatically establish the exact date of death. The Supreme Court has reiterated this distinction. The immediate step is therefore to verify the family tree, title documents, last-known records and the exact date of last communication, and then determine the appropriate declaratory/partition remedy.

Advocate Pavani Kumari LawRato