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Shashidhar (xyz)     15 March 2014

Transfer of property when co-owner is missing

What is the procedure to transfer owner ship, when one of the co-owner is missing?

I have inherited a property from my father. My father and his 3 brothers were co-owners of this property. Two of them agreed to transfer the property in my name. But the third brother is missing from last 40 years. I don’t know whereabouts of him and his age should be almost 85 years if he is alive. Now what is procedure to transfer the full ownership in my name.



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 3 Replies

Arvind Singh Chauhan (advocate)     15 March 2014

First you have to get him declared dead resorting the presumption of sec 108 evidence act.

Shashidhar (xyz)     15 March 2014

Sir, what is the procedure? Who will issue / declare that so & so person is dead?

Arvind Singh Chauhan (advocate)     16 March 2014

You have to file declaratory suit in civil court.

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