srinath (student) 06 December 2013

Inheritence of a property from female (who is missing)

Mrs.A holds a property in her name.

Mrs.A at an age of 35 years.. she was missing.. it has been 45 years since she was missing..

The legal heirs of Mrs.A has the title deed of her property..but the legal heirs doesn't know whether Mrs.A is alive or not..

Can Legal heirs transfer the property in their name.. if so what is the procedure for inheriting the property in the name of legal heirs...

Pls suggest me..

Thanks in advance..

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1 Replies

adv.raghavan (Advocate,9444674980) 07 December 2013

Had they given any police complaint in this regard, what is the status of that complaint? If not lodge a complaint now, and then move the concerned jurisdiction civil court on this and get a order, according to section 108 of evidence act, a person not heard for 7 years and above will be presumed dead. After fulfilling court requirements and obtaining necessary court order in this regard,you people may apply for partition. I hope it will be long way to go.