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Property of a missing father

Querist : Anonymous (Querist) 11 November 2022 This query is : Resolved 
My father is missing as per police records since August 2017. He used to own a 60' x 40' residential site in Bengaluru. Now the question arises as to who would own the property as he had not left a will before walking out of the house. I and my sister are his legal hiers. Can I go and stake a claim on his property? Is there a procedure in this case? Kindly mention the same.
kavksatyanarayana (Expert) 11 November 2022
Did you file the missing case in the police station concerned? Only after completing 7 years of missing, if the police will issue that his whereabouts are not known. Then after getting permission from the court the legal heirs can do as they think fit.
Dr J C Vashista (Expert) 12 November 2022
You can inherit the property after declaration of death of your father in terms of Section 107 of the Evidence Act, 1872 through a local prudent lawyer.
R.K Nanda (Expert) 14 November 2022
first file missing report in PS of ur area about your father and then after 7 years of missing you can file any case in court to claim said property.


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