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kadir (prop)     10 March 2014

Sale deed. one legal heir found to be missing later

Dear Lawyers,

here is the scenario.

Tamilnadu location.

X (a muslim holding 30 cents) dies in 1996. His wife divorced before death.

Legal Heir certificate acquired for 3 daughters and 1 son from tahsildar.

One daughter converts to hinduism, marries a hindu and flees town. Nowhere to be found so far.

In 2007, A gets power of attorney from the remaining 2 daughters and 1 son for the 30 cents.

In 2007, A sells the 30 cents to B.

In 2007, B sells the 30 cents to me and my co-owner. All transactions done by way of paying the right stamp duty and registering the documents.

In 2014, I and my co-owner find about the missing legal heir and we immediately know that we have a big problem.

We bought the land from a relatively powerful muslim man in the society and he says" no problem, no problem".

However, we don't know what to do.

If we know the whereabouts of the missing daughter, at least we can request her to do a relinquishment deed of her rights/share towards us.

But the missing daughter is nowhere to be found. No one knows (not even her brother or sisters) where she is.

Please advise what we can do to rectify this situation and acquire her full rights/share.

Thank you very much

Kadir



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 March 2014

A received a Power of attorney from the two daughters and the son.  In that power, is it mentioned that there is another legal whose whereabouts are not known.  If it is mentioned, you may obtain a ratification deed from the missing candidate, if she found later..  This is only a suggestion.

Suneet Gupta (www.vashiadvocates.com)     11 March 2014

If the other daughter is missing for more than 07 years, then you can initiate the process of getting her to be legally deemed as dead. In this case her share devolves to the brothers and sisters, who have already transferred the same to A and subsequently to you and your partner.

Advocate Ravinder (Advocate/Attorney)     11 March 2014

As of now there is no problem, as she is not traceable.  If she is traceable, you can make arrangements of relinquishment deed.

If she is not traceable, the normal procedure for missing person is as follows:

First of all you have to give Police complaint saying that she is missing.  As you are the person purchased the property, you will be the interested person to give police complaint.  Or any of her brother or sister can give Police complaint.  Investigation will be conducted.  As per the Indian Evidence Act, after waiting for 7 years, she will be declared as dead person in the eye of law.  Then you can file declaratory suit before the local court.  The court after following normal formalities grant decree in your favour declaring you as the owner of the property. 

 

T. Kalaiselvan, Advocate (Advocate)     13 March 2014

Very well explained by learned advocate Mr. Ravinder, please follow the same.

Arun Bishnoi (Chief)     13 March 2014

Sir, as per facts stated by you, the girl is not missing person. she married to Hindu person. She is simply out of circulation for fear of faith conversion. When ever she resurfaced, according to situation of that time law can be put in motion. when fair chances are in your favor.

Arun Bishnoi (Chief)     13 March 2014

Sir, as per facts stated by you, the girl is not missing person. she married to Hindu person. She is simply out of circulation for fear of faith conversion. When ever she resurfaced, according to situation of that time law can be put in motion. when fair chances are in your favor.

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