LearnLegal (XYZ) 08 May 2011

Missing Legal Heir

I have following case

- My grandfather have one property and he died in 2008 without will.

- He left 7 legal heirs (his wife and 6 other Childs)

- My father(1 Legal heir) is missing since last two year and no clue after search, news paper aid and help of NGO. ( No Police complaint filed). I am 21 year old son of him and my mother is alive.

- Other 6 legal, my mother and I are ready to sale properly

- All existing heir believes missing my father died

- Now all other 6 heir, my mother and I are agreed to sale properly but buyer sees risk of reappearing of my father in future

How can seller (we all) assure to buyer that in future reappearing of my father (missing heir) will not cause any legal issue.

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4 Replies

bhagwat patil (Property due diligence 9422773303) 08 May 2011

FOR LEGAL STATUS ONE HAVE TO WAIT FOT 7 YEARS.TILL THAT YOU CAN SIGN A MOU.AND TRANSFER THE RIGHTS ARISING OUT. ALTHOUGH HE APPEARS WITHIN PERIOD OF SEVEN YEARS HE CAN NOT SALE THE PROPERTY AS IT IS ANSCESTRAL ONE.

adv. rajeev ( rajoo ) (practicing advocate) 08 May 2011

Get it declared as civil death. For this you will have to file a suit for declaration in the civil court after following the procedure laid down in sec 80 of CPC.

Bhagavat Upadhyaya (Manager) 08 May 2011

While I agree with both of my colleagues, I may add that registratin of complaint with police is necessary, which can safe guard your interest in so many other ways in future. e.g. calculation of period of 7 years, the police will also be in a position to endorse your representaion that the person is missing.

It is not fair to take any decision in hurry which can be challange in future by the person him self, in case he is found. No body should be in a position to misunderstand your act of sale of such property in his absent.