Legal Question in Real Estate Law in India
Sir my brother is absconded since one year where about we do not know we have give given police compliant but no results sir my brother threatening our family that he would take poison and would die. but presently we searched all places which he lived but no results. but don't misunderstand us. my brother is having a house property in his name, but we have so many problems in our family and we need to sell that property and solve our problems. how to transfer that property to my name or my mother name and after that we are planing to sale that property can you please guide us in this matter sir
2 Answers from Attorneys
03.07.2013
Dear Sir / Madam,
A missing person in the Police record is legally considered as deceased only after a period of 7 years from the date of lodging the missing Police complaint, unless proved otherwise. You cannot sell that property without a Succession Certificate from the Court. Leasing out the house property to resolve your family problems is recommended.
Regards,
in case you try to sell the property that stands in the name of your brother, you might invite trouble. try to find him out and go for the deal amicably.
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