Legal Question in Civil Rights Law in India
A land is ownered by two people(Husband & wife). Now husband is absconded & he is a criminal (murderer). Now, if promoting is being done on that land then what should be the legal procedure , will his wife is able to sale the land or some problem during accusation may raised ? pl answer.
3 Answers from Attorneys
03.09.2013
Dear Sir / Madam,
If the first named title holder is the husband, there is no way the wife can sell the land, unless and until she has lodged a "missing" complaint in the Police Station stating that her husband is absconding. Legally speaking, a person "missing" for a continuous period of 8 years from the date of lodging the Police complaint, is deemed to be treated as "dead". Only thereafter can the wife sell the land as the sole owner.
If the wife is the first named title holder, she can sell the land, despite her husband having gone missing.
Regards,
this is a complicated question and needs to be addressed after proper legal research.
Adv. Rajiv
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