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Nisarg (Software Engineer)     26 May 2014

Removal of missing person's name from property

Hello,

 

We have a property in Gujarat which is on my grandmother's name who died before 12 years. My eldest uncle's name is in major while remaining 3 brother's name in minor. Also one of my uncle is missing since 1990. We didn't filled any FIR for missing person but we gave an advertisement in newspaper at the time he went missing. Can you please guide me in removing the name of my uncle from the property so that we can sell it.

 

Thanks and Regards,

Nisarg Shah



Learning

 2 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     26 May 2014

 

If  it is proved under section 108 of the Indian Evidence Act  that a person has not been heard of for seven years by those who would naturally have heard of him,  he can be declared as dead person which is popularly known as declared civil death.


Therefore, you can approach the civil court for your relief with an incidental  determination for the civil death of concerned missed person.

Sudhir Kumar, Advocate (Advocate)     26 May 2014

nothing more to add


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