Civil death of an abscond

Bhumika (Querist) 03 July 2017 This query is : Resolved
My uncle was declared abscond in 2004 by the court. Can his wife and son claim a share of ancestral property of my uncle? As he is not heared from more than 7 years as per the section 108 evidence act .

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Guest (Expert) 03 July 2017
Now it is more than 12 years Court declaring him as abscond and normally the court would declare any missing person after 7 years as no more .

Guest (Expert) 03 July 2017
Consult and proceed with the advise of Local Good Advocate

Kumar Doab (Expert) 03 July 2017
The court alone can grant such declaration of civil death.

Kumar Doab (Expert) 03 July 2017
Approach a very able local senior counsel of unshakable repute and integrity specializing in civil matters.

Rajendra K Goyal (Expert) 03 July 2017
Can not claim till civil death is declared.

Kumar Doab (Expert) 03 July 2017
Declaring a person absconder does not mean that he/she is dead.

Bhumika (Querist) 04 July 2017
My aunty has a power of attorney, which was given by uncle before he abscond . Can my aunty claim as a attorney of my uncle?????

Guest (Expert) 05 July 2017
:D I feel you are taking advocate opinion publicly to do series of irregularities and fraud on court and entire society /govt machinery .

Without heavy consultancy fee and personal interaction no opinion can be given.
By the way which Crime he has done that he is absconding ?
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And extremely sorry if genuine problem.

Guest (Expert) 05 July 2017
It will be difficult to declare civil death , because Court will consider all factors including other courts order that he is absconding etc. See law subjective law is there , but Judge has inherent powers under which if he feels by following law some thing illegal can take place it can certainly prevent it. In this case nothing can be told and getting such order can take many years also.

Kumar Doab (Expert) 05 July 2017
Agreeing with Mr. Madhu;
The said POA and whole case file may be shown to a very able local senior counsel specializing in such/civil matters for a considered opinion.

Bhumika (Querist) 09 July 2017
Thanks to all the experts for heir valuable opinion. But Mr Madhu if you don't want to answer you can be out of it. We are posting to get the right advise. You can not talk to me like that what you mean by " feel you are taking advocate opinion publicly to do series of irregularities and fraud on court and entire society /govt machinery " How you can say that ??? If you think that why are you replying.... Talking this way is not expected from any expert. How can you allege without knowing the matter... Please don't answer my posts if you think so.... ..You are an expert it dsn't mean you can insult anyone. be in your limits...

Guest (Expert) 16 July 2017
I feel the Author is Right..Author is seeking only a Legal opinion/advise and should not be insulted by using such words.If not interested or do not have a reply better to ignore than insulting.please

Bhumika (Querist) 20 July 2017
Thanks N.J.S.Rajkumar alias narasimha.

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