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Inserting name in 7.12

Querist : Anonymous (Querist) 02 December 2023 This query is : Resolved 
My adult brother ran away when living with father before 25 father can not traced him,nor he complained to anywhere. My parents died after it; Now I want to insert my and another 1 brothers names on 7.12 extract as legal heirs of my father. That 3rd brother did not return yet. What is remedy or lawful suggestion for this?
kavksatyanarayana (Expert) 02 December 2023
You shall give a missing complaint that your brother ran away some years back. The Police after investigation issue that your brother is not traced out if he is not found. Then you can obtain a legal heir certificate from the Tahsildar concerned and you partition the property between the legal heirs and after that, you put an application for mutation of property in your names.
T. Kalaiselvan, Advocate (Expert) 04 December 2023
Your missing brother is also one of the legal heirs entitled to a rightful share out of your father's property, hence excluding him from the property would be illegal.
You have to first give a man missing complaint wait for seven years and then file a suit for declaring him as civil dead, after which you can implead his legal heirs for allotting his share of property in the 7/12 records.

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