one claimant to unwilled property missing for more than 7 years
R.V.RAO
(Querist) 10 January 2011
This query is : Resolved
sir,
A father died without making will (for his self acquired property) to his 6 sons and his wife .
how to shre property in the light of
one of the major sons( unmarried) missing since more than 7 years. no paper ad. was given. only informal and general enquiries and searches made. but no avail.he may be surely alive the family feels .
pl. advise if any news paper ad. can be given if so stating what and if property can be shared without any future problem.
what happens if the missing son comes back and claims his share after some time?
pl. advise.
thanks and regards,
r.v.rao
raovr2001@yahoo.com
Devajyoti Barman
(Expert) 10 January 2011
Had the elder one was not been missing it would hae been easier to sort out the problem as in that circumstnaces you all the legal heirs could either enter into a mutual deed of partition or file suit of partition to get the property partitioned through the aid of the court. But now if he is not heard of last 7 years then you have to first get him declared as civilly deald by a court of competent jurisdiction and then to go for partition either mutually or through court minus the that son declared as civilly dead.
Amit Minocha
(Expert) 10 January 2011
seek partition from the Court and let Court decide fate of his share. It would be better and interest of all.
Y V Vishweshwar Rao
(Expert) 10 January 2011
You have to file a suit for partition of the properties and implead the unmarried & missing Son also and implead the District Collector to represent the missing person and make publications as per the Court Orders and seek partition and also seek decree for declaration that person is dead ( Civil Death ) and not seen by any expected persons/relatives /friends and also persons known to said persons! Both decrees can be passed at the same time with implication of Missing person rights/ share also.
Pritam Saini, Advocate
(Expert) 11 January 2011
I agree with Mr. Rao.The share of missing brother will go to your mother only.
Y V Vishweshwar Rao
(Expert) 13 January 2011
Yes Missing person is un marreid and issue less - mother is the class I heir- she will get the share of missing person!
Sri Vijayan.A
(Expert) 15 January 2011
YES, I agree with Experts.
The civil death of the person has to be first declared.
And then, all the heirs can make a partition.
