About legal rights on our property.

Dear Tippu,

since it is on your uncle's name and he is alive, you cannot sell the property without his consent. However, if he has not been heard for 7 years, you can declare the property by stating a case of civil death and only then your uncle's immediate family will have rights to sell the property. otherwise, your uncle can easily set aside the sale of the said property.

Dear Sir,

Thanks for your prompt reply and can you give us more idea about civil death?

Regards,

Tippu

Dear Tippu,

civil death refers to a condition that when a person is not seen or heard for 7 years continuously, he is presumed to have died as per section 108 of Indian Evidence Act. The burden of proving this lies with the person who makes this allegation. In your case, your uncle's family will have to prove that your uncle was not seen or heard for 7 years .

Dear Sir,

Thanks for your valued suggestions.

Regards,

Tippu