Legal Question in Real Estate Law in India

Hi

I have following case

- My grandfather have one property and he died in 2008 without will.

- He left 7 legal heirs (his wife and 6 other Childs)

- My father(1 Legal heir) is missing since last two year and no clue after search, news paper aid and help of NGO. ( No Police complaint filed). I am 21 year old son of him and my mother is alive.

- Other 6 legal, my mother and I are ready to sale properly

- All existing heir believes missing my father died

- Now all other 6 heir, my mother and I are agreed to sale properly but buyer sees risk of reappearing of my father in future

How can seller (we all) assure to buyer that in future reappearing of my father (missing heir) will not cause any legal issue.


Asked on 5/07/11, 12:36 pm

4 Answers from Attorneys

shiv shakner saini saini law

On what behalf do u assure to buyer that in future reappearing of your father (missing heir) will not cause any legal issue ? do u have any consent letter of your father regarding this?

why did u concealed fact by police that he is missing

Why a buyer shd put him self in a forth coming problem? ask your self if in same situation you have to buy the same property as a buyer without on person who is missing like your father?

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Answered on 5/07/11, 8:02 pm
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

You have to take the permisson from the district judge before selling the property.you may contact me for future details

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Answered on 5/08/11, 7:03 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you need to wait for 7 years before declaring your father to be dead. till then, it is not advisable to divide the property.

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Answered on 5/08/11, 11:44 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

yes u have to wait for further 5 years

and do file police complaint for missing of your father .

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Answered on 5/09/11, 1:46 am


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