Legal Issues on property sold without a family member who has been absconding for past 30 years
Can a person ask for share in property who is deserted since 30 years as a family consisting of five brothers out of which one has left home 30 years back and never returned. Now an ancestral property was sold without the absconded brother. Kindly suggest me if any legal issues will arrive now? Thank you
Any member who has disappeared for long time nust be declared dead by the competent Court. If not done so, and he is not survived by any heirs, then he can surface and demand his share. No escape. But this litigation will stretch too long for him.
Not likely , as there is a limitation of time is applicable here too; after 30 yrs absconding he will be treated dead like in IPC if a spose is not traceable for seven yrs or more he is t be treated as dead.
S. 107 and S. 108 of The Indian Evidence Act, 1872 provide that a person may be declared dead if (s)he is unheard of for seven years. However, S. 108 is to be read with S. 107 and hence, even in case of a person missing for thrity years or more,the burden of proof lies upon the person affirming his death, in case of any dispute. Hence, it is advisable that the legal heirs of the missing person lodge an FIR as to his missing status and also appraoch the Civil Court for declaration of Civil Death of the said missing brother. Following these procedures would ensure that the transfer holds solid in case of any legal dispute in future.
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