Anuj Sharma 11 August 2019

inheritance

A is brother of B(male) and C(female).
A is missing from more than 80 years he was unmarried.

How the share of A will be distributed to B and C.?

B has been deceased.there is five memebers in family of B including son daughters and B's wife.

C has been deceased,her husband also.
there are four sons of C in her family.

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6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 11 August 2019

Ji, the "A" share will be divided in two parts to B and C. again the B share will be divided into five (5) shares and C share will be divided into four(4) shares.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 12 August 2019

Basically, entire estate to be divided Into two parts between B and C. Later each part to be divided I to equal sares to thelegal heirs of Band C.

P. Venu (Advocate) 12 August 2019

You have the option to file a partition suit and to seek the declaration of death of the missing uncle.

Kishor Mehta (CEO) 12 August 2019

In absence of a death certificate Initially it has to be legally proved that A is missing. Was any missing complaint made to the Police authorities? if not there has to be a death certificate to claim his properties. Mere making a claim of the person being missing does not permit anyone to partake in his properties.

P. Venu (Advocate) 13 August 2019

The Court can declare a person missing on the strength of the provisions of Section 107 and 108 of the Evidence Act.

Kishor Mehta (CEO) 13 August 2019

The burden of proof that a person is dead lies on the person who claims he is dead. The proof should be tangible, verifiable and conclusive. A missing person complaint filed with the police authorities and subsequent 'untraceable' report is the best acceptable proof.