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Lavneesh Bareja (Cs Trainee)     21 August 2014

Kindly reply

Hii...

kindly share your views,

what is the procedure of transfering  property owned by a missing person..?

can it be sold by his legal heirs..?



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 3 Replies

Suneet Gupta (www.vashiadvocates.com)     22 August 2014

If the person is missing for more than 7 years, then he can be declared legally dead by a court and his property devolves to his legal heirs or as per his will, if any.

The procedure is to file an application before the civil court  in your local jurisdiction to declare him as missing for more than 7 years and declare him legally dead.

Lavneesh Bareja (Cs Trainee)     22 August 2014

hii....

Is there any procedure is person is missing from  5 years only and now his legal heirs want to sell his property ?

Suneet Gupta (www.vashiadvocates.com)     22 August 2014

Trying to sell off the property of a person missing for only 05 years amounts to fraud. Unless he can be proved to be dead or missing for more than 07 years and legally declared as such by a Court of Law, any person's property cannot be disposed off.


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