Dineshkumar Gupta
(Querist) 02 March 2010
This query is : Resolved
My father had been lost at last fourteen year back and now our society going under SRA scheme and our secretery of the society required indemnity bond for tranfering the property in the name of my mother. So my query is that this should be required? or if yes plz send me the format of this.
A V Vishal
(Expert) 02 March 2010
For registration of deaths, information on date of death and place of death of a person is required. However, in case of a missing person, his/her death is presumptive where the actual date of death and place of death cannot be ascertained. Ordinarily, a person unheard of for the statutory period shall be presumed to be dead on expiry of 7 years and not earlier. The presumption of death and its date and place of occurrence is a matter of burden of proof. The date and place of death of a person who is missing for more than 7 years is determined by the competent court/authority on the basis of oral and documentary evidence produced before it in this regard. Since the Registration of Birth and Death Act and Rules is silent on the question of determination of date and place of death of a missing person, the date and place determined by the court in a declaratory suit as may be filed for this purpose can be relied upon.
Guest
(Expert) 02 March 2010
I do agree with Mr Vishal
Kumar Thadhani
(Expert) 03 March 2010
I do agree with expert Mr.Vishal for his valuable suggestion & opinion.
Ashok Yadav
(Expert) 03 March 2010
Yes, the authority can demand an Indemnity bond for transfering the flat. You will have to furnish an indemnity bond. It may be in simple language as it contaions name & add. of the person (indemnifier) and to whom it is given(Indemnity holder) and the words that i shall indemnify the person in case of....... etc. Or you can ask the society office for the format of Indemnity bond if they have any specific clause.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup