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Person Missing Since 7 Years

Family Law Discussion Forum

Person Missing Since 7 Years

Postby shaddoc98 » Thu Dec 08, 2016 10:41 am

Respected sir,

Pls follow the facts mentioned here and guide me the course of action. Adding some more points which i got from the friend of mine, who is an advocate, who is not practicing and doesnt have experience.but has some bookish knowledge.

He said I should file a Death declaration suit in high court to proclaim the person missing since 7 years as dead legally.And the other option was to take a family certificate from the concerned MRO.

I am confused whether to file a declaration suit in the high court or to proceed through MRO by taking family certificate, so that the house in his name could be transferred in the name of his children.

Pls tell me the appropriate action to be taken.

FACTS:

My father went missing since 7 years and a final report has also been given by the police stating as untraced. He has a house in his name and he has 4 children. In such a case how the property could be divided and what is the procedure to be followed in such circumstances. Will the daughters of the said person get equal share. We belong to Hindu religion and the property is not an ancestral one & is earned by him. My mother(missing person's wife) expired last year & even has death certificate of her.

Waiting for a reply.

thank u
shaddoc98
 
Posts: 55
Joined: Fri Apr 01, 2011 6:23 pm

Person Missing Since 7 Years

Postby Korrigan » Thu Dec 08, 2016 2:14 pm

Respected sir,

Pls follow the facts mentioned here and guide me the course of action. Adding some more points which i got from the friend of mine, who is an advocate, who is not practicing and doesnt have experience.but has some bookish knowledge.

He said I should file a Death declaration suit in high court to proclaim the person missing since 7 years as dead legally.And the other option was to take a family certificate from the concerned MRO.

I am confused whether to file a declaration suit in the high court or to proceed through MRO by taking family certificate, so that the house in his name could be transferred in the name of his children.

Pls tell me the appropriate action to be taken.

FACTS:

My father went missing since 7 years and a final report has also been given by the police stating as untraced. He has a house in his name and he has 4 children. In such a case how the property could be divided and what is the procedure to be followed in such circumstances. Will the daughters of the said person get equal share. We belong to Hindu religion and the property is not an ancestral one & is earned by him. My mother(missing person's wife) expired last year & even has death certificate of her.

Waiting for a reply.

thank u
Korrigan
 
Posts: 50
Joined: Wed Jan 22, 2014 7:25 pm

Person Missing Since 7 Years

Postby Aviah » Thu Dec 08, 2016 3:16 pm

Dear Ayush

You have to file a petition for declaration of your father as dead as he has been missing for the past 7 years(legal death).After the procedures, the court will proclaim the order.That is the conclusive proof of the same. Assuming that your father has not made out any will, all the children will get equal share over the property. That includes the daughters too. It is better to consult a good lawyer in your locality who is proficient in civil law who will be able to guide and help you better
Aviah
 
Posts: 50
Joined: Wed Jan 01, 2014 4:33 pm


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