Property transfer of a missing person

Querist : Anonymous (Querist) 03 December 2011 This query is : Resolved
SIR/MADAM,
I HAVE A CLARIFICATION. A PERSON WAS REPORTED MISSING DURING THE PERIOD MAR 2010.THERE WAS A FLAT STANDING IN THE NAME OF THE MISSING PERSON. SUBSEQUENTLY DURING THE MONTH OF JUNE 2010 HIS FAMILY MEMBERS SOLD THE PROPERTY STANDING IN THE NAME OF PERSON REPORTED MISSING TILL DATE TO A THIRD PARTY DIRECTLY. PLEASE NOTE THE POINT TO BE NOTED IS THAT THE PROPERTY WAS NOT TRANSFERRED TO ANY OF THE FAMILY MEMBERS. BUT THE FAMILY MEMBERS JOINTLY HAVE EXECUTED A SALE DEED IN FAVOUR OF THE THIRD PARTY. INFACT THE THIRD PARTY HAD AVAILED A BANK LOAN TO PURCHASE THE PROPERTY. MY QUERY IS THAT WHETHER THIS SALE IS A VALID ONE. AT PRESENT THE PROPERTY IS TRANSFERRED TO THE THIRD PARTY BY WAY OF SALE DEED. SECONDLY WHAT AUTHORITY OR RIGHT HAVE THE FAMILY MEMBERS POSSESS TO SELL THE PROPERTY STANDING IN THE NAME OF THE MISSING PERSON DIRECTLY EVEN WITHOUT TRANSFERRING IT TO ANY OTHER FAMILY MEMBERS. I AM SON IN LAW OF THE MISSING PERSON. THE FAMILY MEMBERS HAVE FILED A FALSE 498A AGAINST ME AND HAVE STATED THAT IT IS BECAUSE OF ME THAT THE PERSON HAS GONE MISSING. NOW PLEASE HELP AND GUIDE ME AS TO WHETHER I CAN PROCEED AGAINST THEM LEGALLY SINCE THEY HAVE FALSELY FILED 498A SUBSEQUENTLY TO THE FAMILY MEMBERS HAVING REGISTERED A MAN MISSING COMPLAINT.

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Raj Kumar Makkad (Expert) 03 December 2011
The sale is totally illegal and I am having doubt how registrar registered sale-deed without having any title deed in favour of the family members.

This is totally a big fraud and seems misrepresentation. Civil Death is required to be declared from the civil court if a person is not seen or heard since continuous 7 years after lodging specific FIR in such matter which has not been followed by those family members so the transfer can be got null and void but it can be done by missing person himself or the persons having interest in his property say his legal heirs.

So far your 498A case is concerned, its consequences are separate and not directly connected with the aforesaid case.