Missing person property..

Dayanand (Querist) 13 November 2017 This query is : Resolved
Sir...
One person missing 20 years ago, that time in home all are uneducated they not lodge police complaint.. After few year his wife died.. His two children are there.. Now they are matured and the missing person having Agri land 12 acre along with his two brothers. Now how distribute the land for three brothers because he is missing.. In property document his name there....
Kindly guide us

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Guest (Expert) 13 November 2017
A Police Complaint is mandatory to declare a Missing Person as deceased after 7 years.

Guest (Expert) 13 November 2017
It is doubtful that Legal heir certificate could be issued basing on your statements/Affidavit and it could be discussed with concerned dept/tehsildar office.

Guest (Expert) 13 November 2017
An Affidavit could be made basing on your statements if the Buyer is convinced if at all you have any intention to Sell Or if the Concerned Registrar accepts the same for Partition

Guest (Expert) 13 November 2017
Better discuss in detail with your Local Advocate.

Guest (Expert) 13 November 2017
See it will take time in this matter, 1) I feel you need to approach Police station , they too will be reluctant so need to meet higher officer stating that person is missing 20 years , they will take time for completion of investigation, see whether he is missing or otherwise something gone wrong to him that too required to be investigated, After their investigation get over which may take year or so in my opinion. 2) Additionally, you need to approach Hon. Court for declaration 3) Birth and death registration act too required to be checked

In Akbar missing case where Inter - religion father and child relationship was developed, as he was taken care of by another well-wisher of another religion matter reached up to Hon. Supreme Court and that time it was taken severe stand , people approach police station even if cycle get stolen your son was missing you did not approach police station and whole state police stations were given multiple alerts to check if similar case is detected and carelessness of biological parents cannot be tolerated and custody of Muslim boy was given to Hindu well-wisher (Aiku Lal) who saved his life and took his care and educated him.

Similarly not lodging complaint and sleeping for 20 years will not be tolerated and it will take time , you can not say in this matter you were un-educated

Rajendra K Goyal (Expert) 13 November 2017
File suit in the court to transfer the ownership in the name of sons.

Fact of missing of the person has to be proved from independent witness.

Police may not cooperate now to lodge complaint.