Property of missing person
bhavesh
(Querist) 14 February 2013
This query is : Resolved
My Uncle(Unmarried) went missing since 8 years and we didn't do any complaint in police but we did advertisement in news paper before 7 years. He has a house in his name. In such a case how the property could be divided and what is the procedure to be followed in such circumstances. We belong to Hindu religion. And also tell me the required documents and procedures as well as the different act(Law) for this property case. The advertisement(for missing) was given indirectly like "Please come home where ever you are, Grandmother is ill(means near to death). and she memories you and want to see you." And also note that My grandparents is dead.
Sudhir Kumar, Advocate
(Expert) 17 February 2013
It appears that he is not heard by anyone in last 7 years.
S/ 108 evidence act
Provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2shifted to the person who affirms it.
law does not required that police report should have been a must.
prabhakar singh
(Expert) 17 February 2013
In my considered opinion all who are heirs of missing uncle should go for a mutual oral partition,should act upon the same by raising partition walls and then they should record the facts of his missing as well as his presumed death and the facts of oral partition and then get the memorandum deed notarized as no registration is required of a memorandum. Thereafter one of the parties should file a suit of injunction against others stating all facts of missing uncle,his presumed death as per law of section 108 Evidence Act,and facts of partition ,the raising of partition walls and execution of memorandum of partition and there after appearance of defendants sharers ,all should compromise
through Lok Adalat.
