cpc

civil death.

Advocate

In a given situation, the person who is presumed to be of no where abouts for the last 10 or more years and her property has been gone to her heirs on the ground of Civil Death. If she returns after 10 or 15 years and is want of food, shelter, money etc. what can be the possible remedy as per our CPC/IE Act.
 
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Advocate

Suit for declaration to the effect that the instrument of transfer of property be declared null, void and not binding on the rights of the plaintiff.

 

**The instrument of transfer can be anything depending on the nature of the property, for example:

  1. succession certificate, or
  2. mutation in case of agricultural land, or
  3. entries in the municipal record and
  4. even his will if he testated any.
 
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FIN

Hope the declaration of civil death is duly issued by the jurisdictional court of law.

 
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