Proprty of missing person
bhavesh
(Querist) 12 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.
Adv.R.P.Chugh
(Expert) 12 February 2013
Presumption of Death operates if a person is not seen or heard of being alive for 7 years by persons who would have heard of him in the natural course of things. The non reporting of this to the police raises a lot of doubt. When you go to the court seeking a declaration as to his death, you'd have to satisfy the court why you did not go to the police when a reasonable would have, if the court seems satisfied it would give you the decree and since it declares death - succession to the property would open in accordance with laws of succession applicable.
R.K Nanda
(Expert) 12 February 2013
agree with Bharat.
Raj Kumar Makkad
(Expert) 12 February 2013
First of all you shall have to get declared his civil death under section 107 of Indian Evidence Act and there is no requirement of police complaint therein rather newspaper advertisement/notice shall also be treated as one of the good evidence in this regard.
ajay sethi
(Expert) 12 February 2013
agree with bharat and makkad
bhavesh
(Querist) 13 February 2013
Thank you so much for your suggestion.
