girishkumar (scientist) 08 June 2014
Dear all,
I would like purchase a flat at Hyderabad. The property belongs to four person (Father, 2-son and 1-daughter). However, one of the son is not head of since 11.11.1999 and decleard dead by virtue of court passed by Hon'bl V junior civil judge, city civil court, Hyderabad (on 30.05.2010). Hence, his share inherited to remaining three person. Will I have to face any problem if that missing come back after few years.
Thanking you
with regards
Dr J C Vashista (Advocate) 09 June 2014
Presently no problem, however, take an undertaking from other vendors to indemnify you for any future encumbrances or claim agaisnt the property.
Why are you interested in such a property where title (ownership) is defective and which is within your knowledge beforehand?
Anand Bali Adv. (Advocate Solicitor & Consultant) 09 June 2014
Yes you can go ahead for the property purchase provided you take an indemnity signed by the all sellers that they will indemnify you in case any thing surfaces in the future regarding the Title of the Property.he missing person be considered as dead and his share of the property be divided in the
You are also advised to get a copy of the Court's judgement regarding the missing person be considered as dead and his property be divided among all the surviving heirs who are the non other than the all sellers of the property to you.
Usually these type of defective title sales are cheaper ones and there is no harm in taking them.
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