About legal rights on our property.


Dear Sir/Madam,

My Uncle and his family(Wife & 3 Children) owns a property(Individual House) in Warangal, Andhra Pradesh and it is a registered property on my uncle's name. My unlce has left all the family members from couple years after his retirement and staying with another lady at her rented house illegally. He is not even bothered about besic requirements at home and never comes back, when we have made several requests.

My aunty and her family has decided to sell their property as they have all the documents with them. I want clarification on whether my aunty or their children have any rights to sell their property? If not give us some suggestions on how to sell the said property.

Regards,

Tippu

 
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Advocate

Dear Tippu,

since it is on your uncle's name and he is alive, you cannot sell the property without his consent. However, if he has not been heard for 7 years, you can declare the property by stating a case of civil death and only then your uncle's immediate family will have rights to sell the property. otherwise, your uncle can easily set aside the sale of the said property.


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Dear Sir,

Thanks for your prompt reply and can you give us more idea about civil death?

Regards,

Tippu

 
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Advocate

Dear Tippu,

civil death refers to a condition that when a person is not seen or heard for 7 years continuously, he is presumed to have died as per section 108 of Indian Evidence Act. The burden of proving this lies with the person who makes this allegation. In your case, your uncle's family will have to prove that your uncle was not seen or heard for 7 years .

 
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Dear Sir,

Thanks for your valued suggestions.

Regards,

Tippu

 
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