Redevelopment in absence of missing flat owner

Querist : Anonymous (Querist) 12 December 2023 This query is : Resolved
REDEVELOPMENT in absence of missing flat owner.

1. My grandfather is missing since 2007.He has flat in his name self acquired.There are four legal heirs.Me my brother ,my mom (Father is deceased) and my aunt.There is a valid nomination of me and brother 50/50 percent.

2.All the procedure for filling missing person is done.

3.Declaration suit is filed in 2018 by aunt and still pending she asked for equal rights and injunction against all defendants .We are in possession of flat and peaceful and is adverse to her She has made my mom and us before making State of Maharashtra party.

4.Now society is going for redevelopment.But has not made any member (not even provisional) since they require death certificate of missing grandfather. The flat is on collector land We don't have any alternative home. We have dispute with our aunt so cannot come jointly.But want to protect our interest and protect interest of missing grandfather.We are willing to sign indemnity bond till all legal heirs to come on record and till percentage of share is determined. Will builder recognise our rights will we get rent and corpus or will have to move to corporate court.

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kavksatyanarayana (Expert) 12 December 2023
The property is your grandfather's, your aunt has also an equal share with your father and her other siblings if any. The nominee is not the owner. You, your siblings, mother have a right over the share of your father's only. If you obtained the certificate of the missing person's whereabouts (not known) from the Police then you can get the death certificate of your grandfather.

Querist : Anonymous (Querist) 12 December 2023
Whereabouts (not known ) certificate from already received police but is not use for any legal purpose.Since missing person is needs to declared dead through a civil declaration suit. Which is pending.So on paper only nominee is there rest are unproven legal heirs.Society has no one to deal with. Share and percentage can be determined through a partition suit in future.What can be done if proposed legal heirs are not willing to come together and sign.

T. Kalaiselvan, Advocate (Expert) 13 December 2023
The missing person has to be declared as civil dead through the suit filed by the plaintiffs.
After that only the property can be partitioned among the legal heirs, before that it can be presumed that the original owner is still alive, hence there is no question of snatching away the property from the owner.
Therefore you may await court decision and then proceed.

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