Legal Question in Real Estate Law in India
My father is missing from April 1st, 2003. An FIR registered under the Heading: Man missing. The case is still under investigation. He has a house in his name & he has 4 children including me. Since my father went missing from a very long time, the hopes of finding him have vanished. Now the real problem is, how the house in my father's name would be distributed. Legally a period of 7 years from the date of missing is mandatory, but what if the case is still under investigation, even after the mandatory period. How can we get the legal heir certificates and what is the general procedure to be followed. How the court goes about, if the case is still under investigation even after 7 years.
2 Answers from Attorneys
File a declaratory suit.
seven years would be counted from the day you lodged a missings report. you may file a suit for succession after april 2010.
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