No identification of my brother

Mangesg Gaikwad (Querist) 24 April 2014 This query is : Resolved
Sir Namaskar,

My Father & Mother is No more. We are total 3 sisters & 3 brothers but my one brother is lost 20 years ago and we do not have any identification about him he is dead or alive. So do we should put his name on land property or no ?

Thank you!

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Sudhir Kumar, Advocate (Expert) 24 April 2014
he is to be presumed dead in the eye of law if he has not been seen or heard for the past 7 years.

ROHIT SHARMA (Expert) 24 April 2014
Dear Mr Mangesg Gaikwad,

1. You can do so after as by having such relevant fact decreed by a civil court as u/s 108 of the Indian Evidence Act, 1972 but then it would necessitate you to have bear the burden of proof for such presumption as him being dead.

2. If need be talk to this lawyer with an understanding for post paid phone consultation charges.

Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com.

Devajyoti Barman (Expert) 24 April 2014
Unless you prove your brother declared as 'civil dead' from a competent court of law, you can not adjust his share.