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santhanakrishnan k   21 May 2021

Property in the name of missing person

Mr. A has 11 acers of land, it is an ancestral property. He left the home nearly 3 years back. Son's had filed an FIR in the police station and published missing ad in the daily.
Till now they are not able to find Mr. A. Now one of the son is financially sick and want to sell the land to repay the debts.
How to proceed kindly advise


 2 Replies

sneha jaiswal   29 May 2021

Hello, Greetings of the day!
For the query you posted, 
Since Mr. A was missing for around three years, he can’t be declared dead. Because, to declare a missing person dead, death should be declared from the civil court if such a person is not heard or seen since continuous seven years after lodging FIR in the concerned matter which has to followed by the family members otherwise the transfer can be declared as null and void but it can be only be done by any other person who is interested in the property or by missing person himself. But, as you mentioned in the query that the property is ancestral, the son can claim for the same.
For proper guidance, I request you to consult a local lawyer.
Hope it helps
Regards,
Sneha Jaiswal
Law Student
 

Nirali Nayak   30 May 2021

Hello sir, greetings of the day. 
As per your query, when any person goes missing, an FIR must be lodged in the police station. Mr A's son has also published the missing person ad in the daily newspaper. This shows that the necessary legal measures were taken to find the person. In this case if the person is missing and seven years or above has elapsed that he was last seen alive, then by law, such person is taken as to be dead. 
In these types of cases, if it gets legally confirmed by the court that police cannot search Mr A only when seven years have passed before he was seen alive, then that person is declared dead by the court. Once the court has given its order, declaring Mr A to be dead, only then the legatees of Mr A can approach the same court for the succession certificate for the estate of the dead person. Then they are eligible to get their right on Mr A's property, since he went missing/died without making a will for his property. 
Hope this answers your query. 
Regards
Nirali Nayak
Law student


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