Mother Missing

N.Krishna Kumar (Querist) 13 April 2011 This query is : Resolved
Dear Sir,
We are two brothers,
My Mother is missing from April 2005, and we have registered a complaint with tamilnadu police. We have some property in her name. How can we change the ownership for the property into ours.
Are their any legal formalities that has to carried out by us for changing the name.
Please help
Thanks & Regards
N.Krishna kumar

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Advocate. Arunagiri (Expert) 13 April 2011
You can do this after 7 years from the date of missing.

Parveen Kr. Aggarwal (Expert) 13 April 2011
Section 108 of the Indian Evidence Act, 1872 provides that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.

After expiry of the period of seven years from the date she has not been heard of, her civil death can be presumed for the purpose of opening succession. Only then the ownership of the property can be changed in records.

Naresh Kudal (Expert) 13 April 2011
you need to wait one more year. After seven years of missing you property will devolve among legal hairs of your mother.

Advocate Bhartesh goyal (Expert) 13 April 2011
I do agree with experts.

Sarvesh Kumar Sharma Advocate (Expert) 13 April 2011
wait 4 seven yrs!
however you hv complete 6 yrs ........one year left. just wait!

Guest (Expert) 15 April 2011
I agree with experts.

Sri Vijayan.A (Expert) 15 April 2011
After seven years, it shall be declared as the person is dead.
the dead is known as civil death.
So wait for one more year.

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