Sale of undivided inherited house property

Shweta (Querist) 28 December 2016 This query is : Resolved
Person A died intestate. Hence names of his three sons B, C and D in respect of his self acquired house were mutated ingovt record. However son C went missing. Leaving dependent wife and children . One daughter is of marriageable age and sons are still studying. for benefit of dependents of missing son, whether house can be sold by other brothers giving share to dependants of missing persons?

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Shweta (Querist) 28 December 2016
Person A died intestate. Hence names of his three sons B, C and D in respect of his self acquired house were mutated ingovt record. However son C went missing. Leaving dependent wife and children . One daughter is of marriageable age and sons are still studying. for benefit of dependents of missing son, whether house can be sold by other brothers giving share to dependants of missing persons?

Guest (Expert) 28 December 2016
A Missing Person Would be declared Dead only after 7 years of Missing Legally,Prior to that Formalities /Procedures Like Missing complaint with concerned Police and News Paper advt regarding this all should have been Completed.Till then his Family members can not have any legal rights on his Property Or Share.

Guest (Expert) 28 December 2016
If buyer is Prepared of taking the Risk he could Proceed

Guest (Expert) 28 December 2016
Even the Missing Person's Family Members and ,Brothers would be taking a Legar risk by doing so.If Prepared for the Risk they could do it.

Guest (Expert) 28 December 2016
If at all they are in hurry to Sell Consult a Good advocate and Seek Permission from Court on Valid legal Reasons to sell and Deposit the brother's share in court.Even for that copy and proofs of Police Complaint and news paper advt to be enclosed and sufficient time to be given before approaching the Court.Consult a Local good Advocate.

Rajendra K Goyal (Expert) 28 December 2016
Author has not mentioned for which period C is missing?

If 7 years have passed, his civil death need to be got declared from appropriate authority.

Kumar Doab (Expert) 28 December 2016
Hope missing report,FIR was lodged.

The local counsel can help to get declaration of civil death.

ADV-JEEVAN PATIL, MUMBAI (Expert) 28 December 2016
After expiry of 7 years since missing share of property can be divided amongst brothers and dependent of deceased son equally

Ms.Usha Kapoor (Expert) 29 December 2016
Agree WITH EXPERTS.

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