Missing Person and Heirship
Rajesh
(Querist) 25 July 2009
This query is : Resolved
Hello,
Please advice on the formalities to be completed when a person who is a legal heir in a property is missing since 2005. The property need to be sold urgently.
How do we complete the sale of such property? Do we any alternate method so that the sale gets completed?
Rajesh
Kiran Kumar
(Expert) 25 July 2009
wait for some more time.
minimum u ve to wait for 7 yrs.
after 7 yrs of this absence, u ll file suit for declaration and that burden will be upon u to prove that he is dead.
dont sell the property, no rights ve accrued to u at this time.
Rajesh
(Querist) 25 July 2009
Hi,
Thanks for the prompt reply.
Need a advice whether any afidavit/ declaration/ indemnification or any other document which can be prepared to maintain the claim of missing person? Point here is not to declare the missing person dead but to retain the share and proceed with the sale of the property so that the other heirs need not have to wait till 7 years.
Does Police authority have any obligation to close the FIR of adult missing complaint registered with them? Are they bound to find out the missing person in stipulated time frame of 7 years.
Please clarify on the way out.
regards,
sanjeev murthy desai
(Expert) 27 July 2009
Dear Rajesh,
If the Property is ancestral nature missing person has the right to claim that properties whenever he return. File a complaint in jurisdictional police station for missing and also issue the paper publication for missing that person. Please disclose everything to proposed purchaser.
sanjeev desai
Y V Vishweshwar Rao
(Expert) 30 July 2009
The Nature of the proerty - if it ancestral Proerty of all the legla heirs - the elder person can act Khartha and sell the proerty for family legla needs . kartha can represent all the share holders in the HUF ! Inform all the facts to the purchaser and sell the proerty throguh kartha of HUF representign all the HUF members !
