Legal Question in Real Estate Law in India
Inheritance of property
We have a house in my Father's name, the nominee being my mother. My father has gone missing from April 9th, 2003 & his where abouts are not known till date. An FIR was lodged on 20th April, 2003. My mother died recently on 5th Nov, 2008. Now both of my parents are dead. I have 1 elder brother & 2 elder sisters, that means alltogether we are 4 siblings including me. The question is how the property in the name of my father would be distributed. Since my father has gone missing from the above mentioned date, how long we should wait for the legal possesion of the property? Will there be equal rights for my sisters for claiming the property (in hindus)? The duration of disappearance will be calculated from the date of missing or from the date of lodging of a FIR in the police station.
3 Answers from Attorneys
Re: Inheritance of property
Yes, All of you will have equal share and duration of missing is if more than 7 years then as per law it is presumed dead, so you will be acquiring the property and can take possession.
Re: Inheritance of property
Equally.
Duration will be from date of missing.
Re: Inheritance of property
Your father is not dead still. you may need to seek a court declaration about his "CIVIL DEATH" by filing a suit after 20.04.2010.
After your father is declared dead by the court, all the four of you will inherit equally. Your sister are entitled to an equal share in their father's property.
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