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VTC (Officer)     24 April 2014

Prior document--missing heir

Respected Sir,

I've posted a query 3 months back " I have purchased a plot from a person named Monish on 2007 in Kerala, he in turn had purchased this plot from a lady on 1996. On 1993, this plot was one amoung the six pieces of an ancestrial property divided by heirs. 

During that time, in Partition document of 1993, there were seven heirs mentioned and following was written about one heir:-

"Balan left country very long time before and is treated as dead, hence his share divided amoung brothers and sisters"...

There is no document supporting the above statement availble anywhere.

Now I want to sell this plot and buyer is pointing out this as a serious problem.

Please advice me how can I solve this problem legally..? "

 

I want to ask you that whether there is any chance "I can Deposit the share of Mr Balan in Court in case he comes back in future... and sell my plot to the Buyer..." Is it legally valid???



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     25 April 2014

There is no such provision to deposit the share of the missing legal heir, alternately you can make a note of it and an deposit in the bank

bhagwat patil (Property due diligence 9422773303)     25 April 2014

You can take the advantage of plea of missing person more than 7 years.viz."As per the Section 108 of the Indian Evidence Act, a person is presumed to be dead if he is not heard (of being) alive for more than 7 years. No need of deposits his share. Only mentioning in deed is sufficient any past issue regarding title will be sort out by you.


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