Regarding legal advice

ashokraj (Querist) 19 December 2014 This query is : Resolved
Sir,
i have registered a property with two persons signed whereas three persons are involved as per the parental document where the third person is missing from the village for the last 20 years since registration he has not returned back so for.

But i would like to take the legal opinion, for bank loan for house construction as it is not getting cleared legally by the lawyers .

How can i come over this problem please?

Kindly advice what can i do ?

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ROHIT SHARMA (Expert) 19 December 2014
1. The sellers have to file a declaratory civil suit for declaring the said missing person as not alive as per s. 108 of Indian Evidence Act, 1872. Thereafter the bank will have no objection if the sale deed did not include such persons signature.

Rajendra K Goyal (Expert) 19 December 2014
In absence of the signatures of third person on sale deed in your favor, you are not owner of his share.

If he is declared legally dead, his legal heirs may sell the share.

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