Property dispute between 2 brothers families when one brother is missing
Querist :
Anonymous
(Querist) 18 December 2011
This query is : Resolved
Hi,
My father and uncle have few joint properties .His family wants their share of properties to which ideally we dont have an issue. The issue is that my uncle is missing for last 4 years and its his signatures on the property registration documents. As per the internal agreement there should be some properties that my father should transfer and some whihc should then be transferred in my father;s name. Since my uncle is missing, in his absence if his family transfers the property in my father's name, will that be acceptable ? I mean if his family wanted to challenge us again after his 7 years ( law in case of missing people),can they do that ? is it safe for us to transfer properties in my uncle's families names without having the risk of being challenged again?
Please advise.
Raj Kumar Makkad
(Expert) 18 December 2011
The desired transfer in the name of family of your uncle without getting vice versa arrangement is highly risky for your family. You have rightly narrated the legal position that a person is presumed dead only if he has not been heard since last 7 years by anyone. In the light of this provision, none in the family of your uncle has got any legal right to transfer any property standing in the name of your uncle in favour of any person.
You should ensure whether a FIR about the missing of your uncle has been got lodged or not. You should wait for next 3 years and meanwhile for adjustment, you all may transfer the possession if it is the need of hour to do so.
Querist :
Anonymous
(Querist) 18 December 2011
Thank you Raj for your reply.. appreciate it..
There is already a case files in the court on this dispute which was filed by my uncle's family themselves, but later on they stopped coming to the court on the dates. Now they are acting smart by filing complaints against my dad in the women's cell and he is being threatened by women cell saying that this is domestic violence. To be honest we really want to get rid of this matter by having the transfers happen. Its this seven years law thing that's keeping us warned. Not sure if there would be any law where these transfers at this stage ( if happened) could be non-challengeable.
Regards
adv. rajeev ( rajoo )
(Expert) 19 December 2011
Whether these properties are in joint name of your father and uncle and they are seperate? If they are joint then go for partition and seperate possession, so your father can get his share free.
Devajyoti Barman
(Expert) 19 December 2011
If your uncle is missing for more than 7 years then in the eye of law he is considered to be a dead person and hence in his absence his legal heirs can rightly enter into arrangement as proposed between you all.
However before doing that you need to obtain a decree of the civil court declaring that person to be a civil dead man which should not be a difficulty or time consuming affair if his legal heirs support you in the suit.
Raj Kumar Makkad
(Expert) 19 December 2011
Barman! The author has already described in the query that his uncle has not been heard since last 4 years so question of filing the civil suit at this state and further transfer of properties by legal heirs of the uncle of the querist do not arise. The statutory period of 7 years has not expired as on day so the suggestion of you cannot be implemented as on day rather they shall have to wait for next 3 years.
In the light of your subsequent query, I suggest you to go to civil court and file a suit against your aunt not to take forcible possession over the properties which stand in the name of your father. For the matter of women cell, you can approach to the higher police officials and can bring the entire facts in their knowledge so that your father may not be harassed on this ground.
Guest
(Expert) 20 December 2011
Agree with Shri Makkad.
