How to declare a missing person as dead?

aashishbudjade (Querist) 07 July 2014 This query is : Resolved
One of my client's husband was joint owner in family land. Husband is now missing for last 20 years. Now he has left wife and 2 daughters behind him. Few lands are only in this husbands name and others are jointly owned. Now wife and daughters wants to claim his property. What procedure they should follow?

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SURESHKUMAR.S (Expert) 07 July 2014
Under 108 Indian Evidence Act , persons not heard about 7 years continously by those who would naturally have heard of him, are deemed as dead. Suit for that releif is to be filed. . However in such a suits, the specific date of missing -from which date the 7 years is to be reckoned -is required. And for shares, once the court decreed that the person is dead, the legal heirs are entitled equal shares -means 1/3 each.