Sale of land while one of legal heirs not available

Querist : Anonymous (Querist) 05 January 2012 This query is : Resolved
sirs, A land is in my father's name. My father passed away 2 years ago. He is survived by my mother and three sons including me. My elder brother who married a lady of another state, had touch with my family upto three years before. But for what reason, we dont know, he didnt contact us till now. Even he didnt come to my father's funeral. Legal heirs certificate includes him also. My mother wants to dispose the land and get her share given by husband (my father)before her period. Is there any provision for solution? Thanks

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ajay sethi (Expert) 05 January 2012
consent of your brother is necessary for sale of land . make efforts totrace him out . at his last known address or hire a detective agency

Deepak Nair (Expert) 05 January 2012
You cannot dispose off the property without the consent of your brother since he too is a legal heir.
As advised by Mr.Sethi, try to trace him and get his consent.

Devajyoti Barman (Expert) 05 January 2012
Yes without his consent you can transfer but with regard to your undivided share only.

Raj Kumar Makkad (Expert) 05 January 2012
Your brother even though not in contact with family and even didn't took part in the funeral of your deceased father even then is owner of 1/4 share in the given property so his share can be sold only by him. mere his consent to sale is not sufficient.

Though he may appoint either of you as his SPA just for the purpose of selling his share but he has to sale only.

The other way can be to lodge a FIR that he has not been heard since last more than 3 years and after 7 years of FIR to file a civil suit for declaring a civil death and thereafter only you 3 persons jointly can sale his share.