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Y Singh N Rajput (Management Consultant)     05 December 2021

Legal document

A person is missing for more than 7 years. A police report was lodged soon after he got missing. Now police hos given a certificate about this that they could not find him. Now who will his death certificate or police certificate would suffice - mutation of some property to done his heir name. Please let me know whole procedure.

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp#


 2 Replies

Kawmini Liyanage   08 December 2021

Greetings!

If a person has been missing for 7 years in continuation, the Law presumes that such person is deceased. Since you have lodged a police complaint at the time, and obtained the police report stating the incapability to find such person; it's strong evidence to prove the demise of such person.  To officially declare a person as deceased, it should be granted by the District Court. hence, it would be advisable to file an action requesting leave from the court to transfer the property under the person who went missing to his heirs, depending on the availability of Last Will. 

Last Will available; persons/ parties named under the Will

Last Will unavailable; heirs of the person according to general law of devolution of property.  

Y Singh N Rajput (Management Consultant)     08 December 2021

Than you very much ..


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