Legal Question in Real Estate Law in India

Property inheritance

We have a house in my Father's name, nominee is my mother. My father was missing from 9th April 2003, FIR was also filed. My mother died recently. My parents have 4 children including me. Now the house in the name of my father should be divided. As per law one needs to wait for 7 years from the date of disappearance, so till 9th April, 2010. What is the general procedure that should be followed after the completion of 7 years. How long will it take to get an order from the court, if we file a case after 9th April, 2010. Is taking a legal heir certificate has got any relevance? Is it necessary? If yes, can we take it before the completion of 7 years, so that we can save time meanwhile.


Asked on 2/20/09, 2:06 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Property inheritance

Presumption of death of a person no heard in last 7 years is merely a presumption.

Kindly inquire with Revenue Officers within whose jurisdiction property is located for the compliances required by them in that behalf. Thereafter, consult your lawyer for further things required to be done.

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Answered on 2/20/09, 2:57 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Property inheritance

You have yet to reach the suit filing state after more than one year. No legal heir certificate may be available to you till you get a court order about 'civil death' of your father.

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Answered on 2/20/09, 7:23 am


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