Varadarajan.M.V (-) 11 July 2012
Hello,
One of my relative is missing for over 6 months now. Police complaint lodged. Missing person does not have legal heir. He owns a small housing property.
Question:
1. Can the close relatives make an MOU and nominate a CARE TAKER to look after the property?
2. Should the MOU be submited to court or only Notorisation will do?
3. Should we form a trust to look after the property?
4. For disposing the property 7 years may be required, Pl clarify
5. Any suggestion / recommendation to above.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 July 2012
He may not have a class I legal heir, but distant relatives are also legal heirs, though of a less preferential variety. However in 6 months no presumption of death is raised, it takes 7 years for the presumption to attract and the property to go to legal heirs after decree of declaration is passed. Dealing with property even before that would require a decree of declaration declaring relatives to be persons authorised to deal with the property de facto as a temporary arrangment. A private MoU would also do if there are no disputes.
Bharatkumar (ADVOCATE ) 11 July 2012
If person is not meet in 7 year (7 year count after police complain date) then u can file a civil suit and take a order that the person is died and then person legal heirs right in this property, and if legal heirs are not at that time his nerest reletives right in this property.
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