Transfer of property
Querist :
Anonymous
(Querist) 02 May 2011
This query is : Resolved
Respected Sir,
My father is missing from FEB-2009. Tough luck we didn't get back him after lots of searching. We have 7 acres of land on my fathers name and has some amount of money in his account. We booked FIR on Feb-2009.
Coming to questions:
1.What are the documents we need to get from court/tahasildar/police station like legal hire,non trace out.
2.What is the procedure to transfer property the to my name/my mothers name.
3. What is the procedure to withdraw/ transfer money from his account
to nominees account(mine/my mothers).
4.How long it will take to transfer/withdraw.
THANKS.
Srajadvo460
(Expert) 02 May 2011
It will take 7 years from the date of missing to declare him dead. You will need FIR, Missing Certificate from police which will be given to you after 7 years, a declaration of death of the person from competant court. you will have to wait for such declaration before you get all his properties.
Guest
(Expert) 02 May 2011
S Raj is right in his opinion.
After the expiry of the period of 7 years from the date of missing of your father, you will have to register the death of your father, as per provisions of law, to claim all his property and amount standing at credit in the account with nomination. However, if the account is of a joint account of the type of "Either or Survivor," the surviving joint holder of the account can continue to operate the account, even for making withdrawals.
Chanchal Nag Chowdhury
(Expert) 03 May 2011
1.Law presumes a missing person to be dead after 7 years. However, there is nothing to prevent U from administering his properties,both movable & immovable in the interim.
