declaration of civil death and partition
Querist :
Anonymous
(Querist) 04 January 2011
This query is : Resolved
'A' died intestate and B,C,D & E are his legal hires and after A's death BC&D executed a partition deed during 1970 and the E was not a participant of the above said deed since he was gone for a 'Desadanam' at the age of 18 and was not married and from that day onwards he remains unheard.the above partition deed was executed after the laps of a long period of 30 years of his Desadanam. the property of A was divided into 4 and 1/4 th was kept for E. Now BC&D are not alive and the legal heirs of BC&D wants to divide the property allotted to E who is missing for last 70 years. the legal hires of BC&D cannot even avail loan and sell their own share of property, since the property is kept undivided...how can it be resolved?
R.Ramachandran
(Expert) 04 January 2011
You have to approach the concerned court for declaring his civil death, since he was not seen for long.
Once that declaration comes, then the property in his name will go by way of inheritance to the following class-II heirs:
(1) Brother’s son (2) Sister’s son, (3) brother’s daughter (4) Sister’s daughter.
