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Section 108 of evidence act

(Querist) 12 March 2021 This query is : Resolved 
I am very thankful to you for your response and hope to get clarification. Suppose A is missing for over 7 years and complaint lodged with local police seven years ago about disappearance of A. Neither police nor other persons who would have in the normal course heard of about the whereabouts of missing A, have no information about the missing A for over 7 years. Some movable and some immovable properties of A are to be claimed by his family members. To secure a probate or succession certificate for claiming the estate of A, his family members have to file a suit. Who will be the parties like petitioners and Respondents in the suit. If family members are petitioners, who will be respondents. Can you kindly clarify please.
Advocate Bhartesh goyal (Expert) 13 March 2021
Legal heirs of missing person will be petitioner/plaintiffs in suit and State and any person who is opposing would be non petitioner/defendants.
P. Venu (Expert) 13 March 2021
Another option is to file a suit for partition by one among the legal heirs as plaintiffs and others as defendants.
Dr J C Vashista (Expert) 14 March 2021
Legal representatives of A can file a suit for declaration.


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