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Shweta   28 December 2016

Sale of undivided inherited property out of legal necessity

erson A died intestate. Hence names of his three sons B, C and D in respect of his self acquired house were mutated ingovt record. However son C went missing. Leaving dependent wife and children . One daughter is of marriageable age and sons are still studying. for benefit of dependents of missing son, whether house can be sold by other brothers giving share to dependants of missing persons?


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Anirudha

Anirudha (Advocate)     28 December 2016

You may have to first declare the person missing / dead and get rights to the wife to represent the children (I am assuming they are minors.). Then you can sell.
adv.raghavan

adv.raghavan (Advocate,9444674980)     28 December 2016

 I Endorse the above.

Kumar Doab

Kumar Doab (FIN)     28 December 2016

Hope missing report,FIR was lodged.

The local counsel can help to get declaration of civil death.

Kumar Doab

Kumar Doab (FIN)     28 December 2016

The permission of court may be required to sell minor's property.

Shweta

Shweta   28 December 2016

As much as I know, declaration of civil death cannot be obtained until 7 years has passed.

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