Suit for declaration
Dheeraj Soodhan
(Querist) 22 September 2012
This query is : Resolved
my aunt was alloted a plot by society and she is missing since 10 years for which FIR was also lodged and my Uncle i e her Husband is living . I want to file a suit for declaration to transfer all her movable and non movable assets in the name of my Uncle . Please tell what is the procedure and how to go about it and what documents will be needed .
Regards
ajay sethi
(Expert) 22 September 2012
contact a local lawyer . Order of the Competent Court supporting the presumption ofdeath;
Dheeraj Soodhan
(Querist) 22 September 2012
I know sir for this order of the court is required ,my question is how to apply for it , under what rule or order and what is the procedure pls guide me for that.
Regards
prabhakar singh
(Expert) 29 September 2012
Your uncle should move an application of mutation along with affidavit and copy of FIR before authorities stating the fact
that his wife is missing since last ten years
for which FIR was also lodged but since then she has not been seen or heard of by any body known to her and a legal civil death of her has taken place and he as her legal heir has right to get mutated in her place.Section 108 of Evidence Act presumes legal civil death of persons unheard for last 7 years and every authority has to follow this law if proved before it by evidence.
In case any authority refuses to follow section 108 of the said Act,only then your uncle shall have a cause of action to file a suit of declaration in civil court to declare her legal civil death.
