Property of missing person

Rakesh (Querist) 02 July 2012 This query is : Resolved
Hello,

I want to purchase A property here in Kolkata and Flat was name in of Husband & Wife whereas Husband is missing for last 12 years & his wife & sons want to sell this property.

Pls tell me what legal formalities can be done for purchasing said land.

Also noted A FIR & Adv. for missing of his husband in news paper is also available with them but they dont to claim Death certificate due to sentimental issues.

Please advise.
Thanks in Advance

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Adv.R.P.Chugh (Expert) 02 July 2012
Merely 12 years elapse from date of his missing won't attract the presumption of death the court's stamp of approval is required. Before the buying the property ask the seller to obtain court's declaration as to his death. After that the son and wife can together execute the sale documents in your favour