Can a property of missing person be transferred in the name of his single son and his wife.
C Mohan
(Querist) 24 July 2015
This query is : Resolved
Dear Sirs, we have property in south delhi and our father is missing since eight years. We are seven brothers and sisters (me being single brother + six sisters). Me along with my family and my mother residing in the same property and all my married sisters are living in their respective in-laws homes.
Now, we have to settle the issue of property, where we at present residing. As all my sisters are agreed to make property in my mother and my name. Kindly advise following: -
(i) as to whether the property can be transferred in the name of both of us i.e. my mother and myself ?
(ii) If the same can only be transferred in my mother's name, then please advise whether she can make a One time WILL in my name for the said property ?
(iii) Is there any provision that "Will" have to be made in one time or it is to be renewed again and again.
(iv) What will be procedure for relinquishing the right over property; whether all of us brother and sisters and mother have to appear before court or some forms
Kindly advise the above and your independent view which are not covered over by me on the above for transfer of property related querry.
It is also noteworthy that my father was govt. servant and after his missing, and after submission of Missing Report with Delhi Police and certificate of non tracable, my father's parent office has started family pension in my mother's name.
Advocate Kappil Cchandna
(Expert) 24 July 2015
Sir,
There is a lengthy and proper procedure to be followed and thereafter it can be done.
1. You need to get the death certificate of the person who is missing.
2. You will have to get the legal heir certificate from the court.
3. You will have to get the Relinquishment Deeds prepared .
4. Get the property transferred in the name of the person as per your family Decision.
Warm Regards
Kapil Chandna Advocate
9899011450
kavksatyanarayana
(Expert) 24 July 2015
I respect the opinion of expert Mr.Kapil chandana
Kumar Doab
(Expert) 24 July 2015
Agreed.
Civil death from civil court is an option for missing person.
C Mohan
(Querist) 25 July 2015
Thank you very much Respected Sirs, Kapil Chandna, kavksatyanarayana and Doab for your valuable and instant reply.
With regards,
