Property of missing owner

C Mohan (Querist) 17 May 2016 This query is : Resolved
Sir, My grandfather has gifted a property in my father's name (my father's all brothers had also relinquished their claim in my father's name). Afterwards my father got this property free hold. Eight years back my father was got missing and he has not been traceable as on date. An FIR to this effect was also made immediately after second day of his disappearance. Now a need has been arisen, after completion of eight years, to get transferred this property in one of my father's legal heirs. We are eight family members (my mother + my eight sisters and one son (i.e. myself). All my sisters are in agreement to relinquish their part in my favour, but I just want that the property which has been in my father's name be transferred in both persons name - i.e. my mother and myself. Sir kindly clear confusion over following points : -

(i) What action has to be taken for getting certificate of non existence as eight years had been passed of his disappearance.

(ii) Can eight of us also have to get succession certificate for our father's property etc. and what are the formalities to get the same.

(iii) Can my sisters and my mother relinquish their claim over this property, in my favour; or

(iv) Can my sisters relinquish their claim in my and my mother's name.

(v) I am also in a view that property should be transferred in my and my mother's name.

Kindly advise the best suitable way out.

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rajagopal.s (Expert) 17 May 2016
Hi
First you should request for permission in the court for declaration of legal heirs and transfer of properties in to legal heirs name. Since your father has not been traced or you have heard from him for more than 7 years, the law will declare him legally dead.

Once you apply in the court for above order, in the same order, courts will declare you as legal heirs.

Once you have the above order, your sister and your mother can relinquish their claims in your favour.
It is better to register the property in your name only for avoiding any future disputes.

adv. rajeev ( rajoo ) (Expert) 17 May 2016
You will have to file a suit for declartion to get declared as your father is no more it is called as civil death, after getting the decree you can get transfer the property in your name only, but every legal heir will have to relinquish their rights in favour of you.

adv. rajeev ( rajoo ) (Expert) 17 May 2016
It should regd., rights relinquish deed.

Kumar Doab (Expert) 17 May 2016
Agreed with experts.

Rajendra K Goyal (Expert) 17 May 2016
(i) Get your father's civil death declared.

(ii) Obtain heir-ship certificate after civil death is declared.

(iii) Yes they can, if the wish.

(iv) Yes they can, if the wish.

(v) Discuss with local lawyer the steps for this.