Legal Question in Real Estate Law in India
Dear Sir,
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.
pls explain clearly.
thank u
2 Answers from Attorneys
Well It depends,the property is ancestral / fathers own earned .
You have not mentioned about your mother and also not mentioned religion of yours!
(a) All the four children alongwith his wife, if alive, and his daugthers are equal share holders.
(b) You may need to file a civil suit seeking declaration of his "civil death" and claim of all the legal heirs for inheritance of his property/ies.