sivakumar anand (MANAGER) 10 July 2012
Dear Members
My friend's dad has expired recently without writing any will. He has two plots measuring 4800 sqft in sub-urban of chennai and an old house. He has 4 sons one daughter, among them one son is missing for the past 10 years. no FIR filed for the son missing case. his mom expired twenty years ago.
Now my friend along with his siblings wants to sell the plots.
Queries are:
1. What is the procedure to sell as one son is missing.
2. Is there any legal hurdle?
Please advise
Regards
Siva
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 10 July 2012
They'll all have to seek a legal heir certificate certifying that the they are the heirs of the deceased person. As regards the son who is dead they have to file a suit for declaration seeking the court to declare the person to be dead, as presumption of death as envisaged u/s 108 Evidence Act is attracted. Once that is done the other legal heirs can go on to sell the property.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 10 July 2012
They'll all have to seek a legal heir certificate certifying that the they are the heirs of the deceased person. As regards the son who is dead they have to file a suit for declaration seeking the court to declare the person to be dead, as presumption of death as envisaged u/s 108 Evidence Act is attracted. Once that is done the other legal heirs can go on to sell the property.
sivakumar anand (MANAGER) 11 July 2012
Dear Sir
Thank you very much.
They have not filed the FIR. In that case, will the court will give accept the case?
Please advise
Regards
Siva
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