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Dalip ahuja (Business)     02 September 2015

Missing person successiation

A (DOB 1952) is mentally upset since 1986 and having shares in properties worth Rs. 2 crore before his illness. He is unmarried AND missing Since Feb 2011,Police DDR also registered.

My question is--

How and when I claim my share in properties of A as legal heir class 1



Learning

 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     03 September 2015

 

When a person goes missing and is not traceable and no information regarding such person whether dead or alive for 7 (Seven) years from the date of missing, such person is considered as dead. 
In my opinion, the date of completion of the said 7 years is considered as date of death. 

As per section 107 and 108 of the Indian Evidence Act ,U have to get the order from the court,that the missing person is dead.

Then only U can get class 1 legal heir certificate.Are U the only claimant or are there others too?

T. Kalaiselvan, Advocate (Advocate)     11 September 2015

The missing person  can be declared as civil death only seven years from the date of missing and not before that. 

advocatepassy@gmail.com 971794 (Advocate)     16 September 2015

Both the penalists are correct.

SAINATH DEVALLA (LEGAL CONSULTANT)     16 September 2015

Adv Passy,

We are not penalists,but panelists


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