All Luminaries,
While there are laws in place for administration of affairs of minor, mentally disabled and even regards
missing persons after presumption u/s 108 of evidence act triggers. But there is no law that I could lay hand
on or the judicial pronuncement or guideline which enables the heirs or next of kin or any person appointed
by Court who can during the period from day a person is reported missing till his being presumed dead
can adminiters his affairs.
This vaccum is resulting into tremendous harassments and even sufferings for family for livelyhood in absence of
powers / law to administer the affairs - including settlements of loans, operating bank accoutns and sale of assets
or claiming any funds - provident fund or loan from same etc etc etc. The list can be infinite based on person missing's
affairs. There is also no law protecting his assets from debts/mortgage claims etc. Further there is need for such
guidelines or law to protect the administrator in case the missing person reports back later including after his presumed
death - from claims by him/her.
I believe in other countries such law have been proposed or are in place but no such consideration within India so far.
Can anyone throw light in this regards as for prevailing guidelines if any on issue.
